Encinitas Traumatic Brain Injury Attorney

Encinitas Traumatic Brain Injury Lawyer

Any personal injury has the potential to be a life-changing ordeal, but brain injuries are particularly damaging, challenging to treat, and likely to generate very complex civil court proceedings. If another party is responsible for causing a brain injury to you or a loved one, an Encinitas brain injury lawyer is the best asset if you intend to hold the at-fault party accountable for their actions.

Legal Counsel for Encinitas, CA, Brain Injury Claims

Brain injuries often require intensive immediate treatment and ongoing medical care to manage victims’ symptoms and ensure a full recovery. However, one of the most challenging aspects of brain injuries is their unpredictable nature. A victim can suffer a brain injury that seems to heal completely with some time and appropriate immediate medical care, only for them to experience unexpected symptoms months or even years later.

Perry Personal Injury Lawyers has years of experience representing Encinitas, CA, clients in a wide variety of personal injury cases, including those pertaining to brain injuries. Our team understands the complex nature of these injuries and the uncertainty that victims and their families often experience following them. If you are unsure how to proceed after a brain injury has impacted your life and you know another party is responsible for causing the injury, it is crucial to speak with an experienced Encinitas brain injury attorney as soon as possible.

Why Should I Hire an Encinitas Brain Injury Lawyer?

The average person with no formal legal training would struggle to navigate the complexities of the civil court system unassisted. In addition, filing a personal injury claim requires meeting strict court rules, such as filing deadlines, submitting appropriate forms, and supporting documentation. While you may worry about the potential cost of legal fees when you are already struggling with expensive medical bills and other economic losses from a brain injury, attempting to handle your case on your own is not a good idea.

Even if you manage to successfully file your case without the help of an attorney, you risk unintentionally settling for less than you should due to a lack of awareness of the damages available to you. Additionally, you would need to manage all of your case proceedings unassisted while simultaneously managing the aftermath of your injury. Hiring an experienced Encinitas brain injury lawyer to represent you will allow you and your family to have some peace of mind during this difficult time. You can focus on your recovery, knowing your claim is in trustworthy hands.

Perry Personal Injury Lawyers believes in client-focused legal counsel for every personal injury case we take. We will carefully review your medical records and the other details of your claim as we help you determine liability for your brain injury. Once we identify the party or parties responsible, we can assist you in holding them accountable with an effective civil claim. Our goal is to maximize our client’s recovery to the fullest extent possible under California state law.

How Do Brain Injuries Happen?

Brain injuries occur in many ways, often unpredictably, with no way to tell if a party is definitely at fault for the incident. Other cases are more obvious, and fault for victims’ damages is perfectly clear. Some of the most commonly reported causes of brain injuries in California include:

• Sports accidents. Contact sports such as ice hockey and football have an inherent risk of head injury. While these incidents are an assumed risk of playing rough sports, it is possible for a party to bear fault for a brain injury if such an injury occurs due to intentional misconduct or negligent care of safety equipment.
• Motor vehicle accidents. Traumatic brain injuries (TBIs) are the most commonly reported injuries from car accidents in California. Crash impact forces can easily cause brain injuries, either from the victim’s head hitting an interior surface of their vehicle, an airbag, or simply due to the momentum shift causing their brain to hit the inside of their skull.
• Violent crime. California has one of the highest violent crime rates in the country, and many victims of violent crimes suffer severe injuries. If a criminal causes a brain injury to a victim, they face criminal prosecution and civil liability for all of the victim’s damages.
• Workplace accidents. Some workplaces, like construction sites, are inherently dangerous, and people working in dangerous workplaces must use appropriate safety equipment like hardhats. However, even the most cautious workers could potentially sustain a brain injury due to negligence from coworkers, machine failures, and other hazards.
• Slip and fall incidents. When most people think of a “slip and fall,” they imagine a minor tripping incident. However, some falls can easily result in devastating or even life-threatening injuries. For example, a victim could slip and fall and hit their head on the way down or on the ground, resulting in a severe brain injury.
• Birth injuries. Children may sustain life-changing brain injuries during childbirth if attending physicians are negligent in delivery. Cerebral palsy is one of the most common birth injuries. This condition is characterized by a traumatic brain injury resulting in permanent brain damage with a wide range of potential symptoms.

When one party is responsible for causing a brain injury to another party, the injured party has the right to seek compensation for the damages from the at-fault party. An Encinitas brain injury attorney can assist a victim and their family in seeking accountability from the party responsible for causing the injury and the resulting damages.

How Much Compensation Can You Get for a Brain Injury?

California’s personal injury laws allow plaintiffs to recover total compensation for all damages caused by the defendants named in their suits. Economic damages in brain injury cases often include medical expenses and lost income. When it comes to medical expenses, the defendant is responsible for all medical costs incurred by the plaintiff to treat their injuries, including both immediate and long-term medical costs. If a plaintiff seeks compensation for lost income, they can secure compensation for wages lost during recovery and lost future earning potential if they cannot return to work after a severe brain injury.

Plaintiffs can also secure compensation for property damage if a defendant’s actions destroyed their personal property. Beyond these economic damages, plaintiffs in California personal injury claims have the right to seek compensation for their pain and suffering. Except for medical malpractice cases, there is no limit to the amount a plaintiff can seek in pain and suffering. Their Encinitas brain injury lawyer can help them discern an appropriate figure based on the severity of the brain injury and whether the victim faces long-term medical complications or permanent disabilities due to the defendant’s actions.

It’s important to note that it can take some time to secure a settlement for a brain injury claim, especially if the defendant disputes liability for the injury or contests the scope of damages sought by the plaintiff. Therefore, it’s crucial to secure legal counsel you can trust in this situation.

What Are the Four Types of Traumatic Brain Injuries?

Brain injuries typically fall into four categories:

1. Closed head injuries. These brain injuries occur without any open wound to the head. A concussion is one of the most common closed head injuries that result from the brain striking the inside surface of the skull.
2. Brain contusion. Like a concussion, a brain contusion is an injury to the brain’s outer surface. In addition, a contusion is a severe bruise, often caused by blunt force trauma to the head.
3. Penetrating head injuries are also called “open” head injuries. These wounds involve objects piercing the skull and physically damaging brain matter. For example, gunshots, knife wounds, and debris from explosions can potentially cause penetrating head injuries.
4. Axonal brain injuries. These brain injuries result from oxygen deprivation to the brain. When the brain is deprived of oxygen, brain cells begin to die rapidly.

Any brain injury can be unpredictable, and it can take a long time before a victim can fully ascertain the scope of their injury’s effects. Some people make seemingly miraculous recoveries from their brain injuries, achieving full recoveries within very short periods. Unfortunately, others are not so fortunate, and even seemingly mild brain injuries can potentially cause life-changing permanent damage.

Find Legal Counsel for Your Brain Injury Claim Today

Proving fault for your brain injury is the first step toward securing the compensation you and your family need to recover your losses. Brain injuries often pose significant long-term financial challenges to victims and their families. You should not bear these costs alone when another party is responsible for the brain injury you or your loved one suffered.

Perry Personal Injury Lawyers offers the legal counsel you need in this challenging situation. Our firm has extensive experience handling very complex personal injury claims on behalf of clients throughout Encinitas, CA. If you believe you have grounds to file a personal injury claim for a brain injury caused by another party, we can help you hold them accountable. Contact Perry Personal Injury Lawyers today to schedule your consultation with an Encinitas brain injury attorney.