Oceanside Traumatic Brain Injury Attorney

Oceanside Traumatic Brain Injury Lawyer

Head and brain injuries are among the more serious personal injuries. While any injury can alter a person’s life, these injuries, including traumatic brain injuries (TBIs), are especially complex. TBIs are likely to result in lasting trauma and severe pain and could impact someone’s life forever. A brain injury may cause someone to lose out on several months of work, or they may be unable to ever work again. A brain injury leaves some people completely incapacitated. Treating a traumatic brain injury is a lengthy and expensive process.

When you or a loved one suffers any injury in Oceanside, CA because of another person’s negligence, you have the right to receive compensation to take care of lost income, medical costs, and other expenses. You also have the right to non-economic damages like pain and suffering. This compensation is necessary, but it can be difficult for an injured person to file a claim and argue their case while in recovery. The most effective way to obtain the compensation you deserve and maximize the amount you receive is to work with an experienced Oceanside brain injuries attorney.

Legal Representation for Personal Injury Claims in Oceanside

Brain injuries are not always immediately recognizable, and symptoms can take time to surface. A brain injury can also be treated and seem to have healed but continue to have significant medical complications. TBIs and other head injuries have complicated and significant medical needs, and a personal injury claim needs to account for these complications and the potential for life-long costs.

When you or a loved one has a head or brain injury because another party was negligent, you need an attorney who understands how to hold that party responsible and knows the costs associated with a brain injury. At Perry Personal Injury Lawyers, we have represented the communities in the Oceanside area for many years. We focus on personal injury claims and have advocated for and obtained compensation for victims and their families in complex claims. A TBI may have been caused by a car accident, product liability, medical malpractice, or other accident. We have the experience to represent your interests against insurance providers, hospitals and healthcare facilities, and other parties.

The attorneys at Perry Personal Injury Lawyers understand the traumatic and difficult situation that you and your loved ones are in. We want to help you hold the liable party responsible and cover the damages you need.

Common Causes of Traumatic Brain Injuries

TBIs can change a person’s entire life and can result in wrongful death in many cases. A brain injury may be a minor concussion, or it may be permanently disabling. Serious TBIs and head trauma require a high recovery cost, and victims deserve compensation to recover those costs.

Brain injuries don’t always have a clear at-fault party, but in cases such as car accidents, the liable party is usually more clear. A number of accidents where another party can be held liable for damages cause head injuries. The most common causes of brain injuries and head trauma include:

• Car and motor vehicle accidents. Car accidents are one of the most common causes of TBIs. A person can be harmed by the sudden movement from the accident or from hitting their head. TBIs are also likely when pedestrians, motorcyclists, or cyclists are hit by motor vehicles. An insurance claim can be filed with the provider of the at-fault driver or party, but these claims will not always cover the scope of damages suffered from a TBI. A personal injury claim can help cover the additional damages.
• Sports accidents. Several different contact sports can cause TBIs and other serious injuries. These injuries are often considered a risk of the sport. When these actions are caused by another party’s malicious or intentional actions or negligence when maintaining the grounds or equipment, that party could be held liable for their actions.
• Construction accidents. Construction sites are dangerous for both employees and those walking nearby. Brain injuries can result from falling objects, slip and falls, improperly constructed scaffolding, or premises liabilities. An attorney can help you determine the liable party and if you can file for a personal injury claim.
• Workplace accidents. Many workplaces are exceptionally hazardous for their employees. Workplace accidents can be caused by malfunctioning equipment, slip and falls, co-worker or employer negligence, or safety failures. Though many of these injuries are covered by workers’ compensation, there are unique situations where a third party can be held liable in a personal injury claim. Additionally, if an employer was grossly or purposefully negligent, a personal injury claim can be filed against them.
• Slip-and-fall accidents. Slip-and-fall accidents can result in severe falls off high surfaces or objects. If a property owner failed to take care of safety hazards in a reasonable period of time, they can be held liable.
• Violent crime. Assault, battery, and other violent crimes can result in severe injuries, including TBIs. Victims can press criminal charges against the individual who harmed them and file a civil claim for additional damages.
• Medical malpractice. A brain injury can be the result of medical malpractice. This includes birth injuries, surgical errors, prescribing the wrong medication, or failure to diagnose or treat a disorder or illness. A medical professional who acts negligently or fails to meet the industry standard duty of care can be held liable for TBIs.

When someone is responsible for the life-changing injury that you or a loved one suffered, they should be held accountable.

Why Do I Need Oceanside Brain Injury Lawyers?

When you work with an attorney in Oceanside, California, you increase the chances of your personal injury claim succeeding and are more likely to receive the maximum compensation possible for your claim. A personal injury claim is not simple to navigate. You have to deal with filing a claim with an insurance provider or with the court, meet the legal and other deadlines, and investigate the cause of your injury to determine who was at fault. This is difficult in ordinary circumstances, but it is much harder when you or your loved one is suffering from a brain injury. You may be in severe pain, dealing with medical costs and recovery, and unable to work for a significant period of time. All of this makes it much harder to handle a legal or insurance claim.

An attorney takes care of your claims. They negotiate with an insurance provider or other parties on your behalf to increase the compensation available to you. If these parties do not reach a fair settlement, an attorney will take the claim to court. Your attorney will calculate the damages available to you and likely will be aware of damages you didn’t know you could claim, such as future medical complication costs. A personal injury lawyer has handled claims like this before and knows the legal deadlines and the ideal way to file a claim. They save you time and stress and can save you money in the long run. This allows you to rest and recover from your injuries.

How Much Money Can You Get From a Brain Injury Claim?

Under the state’s personal injury claim laws, you can recover compensation for any damages caused by the at-fault party. The amount of compensation you receive in any personal injury claim relies on the severity of damages you suffered. TBI personal injury claims often result in high compensation amounts due to the injuries likely being severe and catastrophic. The damages that are available in a brain injury claim may include:

• Medical Costs: A personal injury claim can cover all medical bills related to your head injury or other sustained injuries. If you required surgery, medication, or even transport to the hospital, a personal injury claim can cover that. In addition to these immediate medical costs, the at-fault party is also liable for any future medical complications or costs, including rehabilitative care.
• Pain and Suffering: In personal injury claims, you can claim pain and suffering non-economic damages. In medical malpractice claims, there are limits on non-economic damages, but there is no cap for other types of personal injury claims. Pain and suffering may cover emotional harm, physical pain, and loss of quality of life. These damages can be difficult to calculate, but an experienced attorney can use non-economic damages to maximize the compensation you receive so it is fair to your situation.
• Lost Wages: After a TBI, you likely had to take time away from work to recover. A personal injury claim can recover a portion of your lost wages during this time.
• Lost Earning Capacity: Injuries like brain trauma are likely to result in long-term or permanent disability. If you are unable to return to your old job or only able to return for limited hours, limited pay, or with limited job duties, you can receive compensation for your lost earning capacity.
• Life Care: You may be unable to complete daily tasks and require daily care after a TBI. Long-term care is an economic damage, and loss of quality of life prior to the injury is a non-economic damage. These can both be covered by a personal injury claim.
• Property Damage: When you sustain a TBI from a car accident or similar situation, your personal property may have been damaged by the accident. You can claim compensation if the damage was a direct result of the at-fault party’s actions.
• Punitive Damages: In a personal injury claim, the court may assign punitive damages meant to punish the at-fault party. This is done if their actions are considered malicious, intentional, or grossly negligent.

When you’ve suffered a brain injury, you deserve full compensation from the person who caused it by their carelessness or recklessness. Many individuals aren’t aware of the excess of damages available in their claim, such as non-economic damages or future complication costs. A personal injury attorney can help calculate these damages and has handled TBI claims like yours. Your attorney can also advocate for your interests if the other party claims you were liable or otherwise disputes liability.

Symptoms of Traumatic Brain Injuries

Depending on the severity of a brain injury, symptoms may be obvious or incredibly hard to spot. Some TBIs show no symptoms for days to weeks after an accident. Symptoms of brain injuries, moderate to severe, may include:

• Confusion and memory loss
• Headaches and nausea
• Fatigue
• Sleeping more or less than usual
• Dizziness and blurred vision
• Light and sound sensitivity
• Disorientation or difficulty with concentration
• Mood swings
• Unusual behaviors
• Restlessness and anxiety
• Blackouts and loss of consciousness
• Pupil dilation
• Weakness in fingers and toes
• Slurred speech
• Seizures
• Coma

How a brain injury will affect a person relies on the severity of the injury and what part of the brain it impacted. After an accident like a car crash or workplace accident, it’s essential that you are checked by medical professionals. They are better equipped to note the signs and symptoms of a brain injury. If you begin seeing symptoms or worsening symptoms after an accident, you want to get medical care. Not only is this important for your health and safety, but medical records of the injury are essential evidence when filing for a personal injury claim.

Types of Brain Injuries

TBIs are usually caused by one of the following:

• Closed head injuries. Commonly caused by car crashes, these injuries occur when the brain hits the inside of the skull. There is no open wound to the outside of a person’s head, making these injuries harder to discover.
• Brain contusion. This injury occurs from blunt trauma to the head. This may occur in crashes involving motorcyclists or bicyclists. In severe cases, the skull can be crushed or fractured.
• Open head injuries. This is a penetrating injury to the skull and brain. This may be caused by debris in an accident, a gunshot wound, or a similar injury.
• Axonal brain injuries. When the brain isn’t getting enough oxygen, brain cells die, resulting in brain injuries.

Perry Personal Injury Attorneys: Oceanside Brain Injury Lawyers

Traumatic brain injuries can change your or a loved one’s life, and you deserve compensation for the harm done to you. When you’ve suffered a brain injury, it is essential that a professional determines who the at-fault party was. At Perry Personal Injury Lawyers, we believe in supporting you through this time, reviewing and investigating your accident, and fighting for the compensation you deserve. Contact our team today to learn how we can maximize your recovery.