Unforeseen events, such as car accidents, falls, or assaults, can result in serious bodily harm, especially to the head. For the victim, accidents that lead to brain injuries can be traumatic, frustrating, and costly. Even head injuries that seem minor can have a negative effect on your memory, ability to understand, and your personality. Sometimes, brain injuries manifest only themselves months or years after the accident. Thus, it is difficult to even get a proper diagnosis for a traumatic injury. However, if you have suffered a brain injury in an accident, a skilled Beverly Hills personal injury attorney can properly represent you and get you the compensation you deserve.
Traumatic brain injuries, which can be mild or severe, occur when the head gets hit or jolted by something, or when an object enters through the skull into the brain tissue. Manifestations of brain injuries include confusion, dizziness, temporary loss of vision, loss of consciousness, inability to coordinate, slurred speech, and loss of memory.
A well-qualified Beverly Hills personal injury attorney will: understand the unique features of brain damage cases and the types of rehabilitation needed; work with skilled neurologists and brain specialists who can determine the level of damages you have suffered; and help you to receive compensation, either through a settlement with the insurance company or through a personal injury lawsuit, for medical expenses arising out of your injury.
Expenses that you can be compensate for include medical and rehabilitation bills; money to pay for all necessary adaptive equipment or changes that need to be made to your home as a result of your injury; past and future lost earnings; training for any job re-training you may have to complete; and pain and suffering.
Negligence and the Statute of Limitations in Brain Injury Cases
A large number of people in the United States are affected by a Traumatic Brain Injury (TBI) event every year. This has caused a significant number of people to suffer serious disabilities or even death. According to statistics maintained by the Centers for Disease Control and Prevention (CDC), over 1.5 billion cases of TBI are reported annually. In California, there are over 29,000 TBIs reported in a single year in which hospitalization is necessary.
TBIs can be caused by negligence or the breach of duty of care. Let’s take a moment to break down these concepts and define them in light of traumatic brain injuries:
Negligence is a failure to behave with the same level of responsibility a person of ordinary prudence would have exercised in an identical circumstance. When a person has experienced a TBI resulting from an accident, they will have the burden of proof to establish negligence.
An accident victim must provide a sufficient number of facts to establish the accident causing their TBI was caused by negligence. There are certain elements that must be proven.
Duty of Care
Every person has a duty of care when performing any task that could result in an individual being injured. In California, legal duty involves individuals being responsible for their actions as well as any injury resulting from their lack of care or skill involving the management of their property or person. A duty of care is owed by all persons who could put others in danger by their behavior.
Breach of Duty of Care
Once it has been proven a level of duty was owed to an accident victim, it must then be established exactly how that duty was breached. Being able to prove this will depend on having the facts necessary to establish it. An accident victim needs to show what actions the other party performed to cause an accident and more. In California, a defendant violating a statute is one way to establish a breach of duty.
This is when someone’s breach of duty is proven to be what caused an individual’s TBI. There are two ways to identify causation in California. One is known as the “but for” test: The incident would not have happened but for the behavior of the other party. This method is most accurate when a single act is determined to have caused an injury. Many California courts prefer the substantial factor test, which is a test that tries to establish if a reasonable person would consider what happened to have been a major contributing factor to the harm suffered by an accident victim.
Statute Of Limitations
An injury lawyer knows accidents resulting in a TBI are defined as a personal injury case. In general, individuals in California have two years from the date of an accident causing injury or damage to file a claim. In some situations, there are types of injury claims that will have different statute of limitations.
When a person has experienced a TBI, it may begin as just a mild headache, and the individual may think nothing is wrong. Over time it becomes worse, requiring significant medical treatment. It’s important to realize that should the statute of limitations deadline pass, and unusual circumstances occur, it could extend the deadline. Unless unusual circumstances are present, an accident victim will not have a viable legal claim for compensation once the statute of limitations has expired.
When someone is the victim of an accident that caused them to experience a TBI, they should discuss it with an experienced personal injury lawyer who knows how to help the accident victim to get fair compensation. These legal professionals have the knowledge necessary to help accident victims recover from having their lives damaged by a TBI.
At Banafshe Law Firm, we know how to get the best possible outcome for those who have been the victim of a TBI.
While your attorney can’t turn back the clock and make your life what it used to be prior to your brain injury, he or she will do everything possible to help you move on and into a new phase in your life. If you have been a victim of brain injury, contact experienced Beverly Hills personal injury attorney Ryan Banafshe as soon as possible at (888) LAW-9991. The initial consultation is free of charge.