An injury to the brain can be especially debilitating, and those who have been injured due to another person’s careless behavior may be forced to endure a long, painful, and expensive recovery. The Orange County brain injury lawyers at Jimmie Kang have helped individuals and families recover the compensation from car accidents, workplace injuries, and more.
Each brain injury lawyer from our firm knows well that these types of injuries impact all areas of victims’ lives and can place a severe strain on their family and friends. In addition to the cost of medical procedures, therapy, and out-of-pocket expenses, they are likely to lose wages and suffer a reduction in the quality of their life forever. If you or someone you care about has suffered a traumatic brain injury, it is important to contact a brain injury lawyer to learn about your rights and legal options so that you can pursue the compensation you deserve.
Contact us now to learn more about how an award-winning brain injury attorney can help you with your claim and ensure that you have the greatest chance of success.
Anatomy of a Brain Injury Claim
Before you are able to file a lawsuit, you must first be able to prove that the injuries you’ve suffered were the direct result of another person or company’s negligent actions. A traumatic brain injury lawyer from our firm will investigate your claim in order to establish the following so that we can build a case on your behalf.
- The Duty of Care: This is the legal definition for what amounts to a reasonable expectation. For example, drivers are expected to pay attention to the road, doctors are expected to follow the same procedural protocols as others in their field. and employers are expected to provide safe workplaces.
- Breach of Duty: Once we have established what can be defined as reasonable, we can show how the responsible person or company has failed to live up to those very fair expectations. The most obvious example of a breach of the duty of care would be if a surgeon failed to perform a procedure in the same manner that their peers in the medical community would have.
- Causation: You are unable to hold another party liable for your injuries unless you can prove that their negligent actions were directly responsible. While people may act irresponsibly at times, they are only liable if you can show that their recklessness was the clear cause of your injuries.
- Damages: This is a legal term used to describe the physical, emotional, and financial toll suffered by the victim. There are both economic and non-economic damages. Compensatory damages are awarded to cover the cost of medical bills, lost wages, and therapy, but things such as pain and suffering, lost opportunity, and diminished quality of life are considered non-economic, and their value must be decided by a jury.
Why We Rely on Medical Experts to Assist in Building Brain Injury Cases
In order to prove that there was a breach in the duty of care, we need to show the court exactly what caused your injuries and how the defendant failed in their duty of care. Medical experts are instrumental in establishing how an injury occurred and arguing for the need for certain types of medical treatment now and into the future. By determining what type of medical care will be required, we can place an accurate value on that care so that you are able to recover the compensation needed to pay for it.
Medical experts can also convince a jury by explaining concepts to people who have no medical training or experience. The use of testimony from these specialists has been linked to numerous successes in the past and will increase your chances of securing damages.
Types of Accident Cases Involving Brain Injury
Brain injuries can result from a wide variety of accidents, including the following.
- Auto or Truck Accidents: A car wreck can be devastating, and the victim’s life is often changed forever in the blink of an eye. This is especially true if the vehicle is involved in an accident with a truck or a driver who is distracted or under the influence. The CDC has stated that auto accidents account for more TBIs in people from 15 to 44 years of age than any other type of accident.
- Birth Injuries: The majority of birth injuries that lead to long-term brain damage are preventable. They often stem from other minor injuries or conditions that are undiagnosed or not treated in a prompt manner.
- Medical Malpractice: Negligence in medicine has been responsible for numerous traumatic brain injuries. Victims who were expecting to be treated for one condition or injury awake from their procedures forever impacted by cognitive impairment or brain damage.
- Workplace Accidents: Even if the worker is at fault for an accident, they are entitled to receive benefits through mandated workers’ compensation coverage. If it can be proven that an entity aside from the direct employer was responsible for the incident, the victim may be able to recover additional compensation aside from that offered under workers’ comp benefits.
Identifying and Treating Brain Injuries
One of the most important developments in the field of brain injury treatment is the ability to quickly diagnose brain trauma in order to implement a treatment plan as soon as possible. Some brain injuries may be indicated by symptoms including:
- Loss of consciousness
- Blurred or double vision
- Difficulty breathing
- Slow respiratory rate and increased blood pressure
- General fatigue
- Difficulty concentrating
- Numbness or tingling
- Loss of bowel or bladder control
The above symptoms may be indicative of an injury that merits closer evaluation or testing such as MRIs or CAT scans. When a brain injury is suspected or confirmed, a doctor may order medication or surgery.
In Southern California area, we are fortunate to have a number of nationally recognized hospitals that excel in treating people with brain injuries. Among the leading facilities for brain injury rehabilitation are:
Types of Compensation in Brain Injury Lawsuits Under California Law
If you or a loved one has suffered a brain injury due to an accident or medical malpractice, it’s important to contact a traumatic brain injury attorney because you may be able to recover compensation for any or all of the following:
- Your past and future medical expenses. This includes hospital bills, physical therapy, doctor’s visits, occupational therapy, and any ongoing care.
- Lost wages. You will be entitled to receive the value of your wages during time taken off from work or wages that you would have earned in the future should you be unable to ever work again.
- Pain and suffering. This is defined as both physical and emotional trauma due to the injuries you have suffered.
- Wrongful death. If your loved one died due to a traumatic brain injury, you may be able to recover compensation on the grounds of wrongful death.
Get Help From Experienced Brain Injury Attorneys
If you or a loved one has been injured, Jimmie Kang can help by connecting you with an experienced brain injury lawyer to help you receive the maximum compensation. Our brain injury attorneys have helped individuals and their families from across California recover compensation, and we would like the opportunity to assist you as well. To learn more about your legal rights and options, we invite you to arrange a free case review with an Orange County brain injury attorney today.
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- Car Accidents
- Motorcycle Accidents
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- Birth Injuries
- Medical Malpractice
- Work Accidents
- Symptoms of Brain Injury
- Impact on Minors
- Brain Injury FAQ’s
- Brain injury infographic