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What legal and medical factors do you need to take into account before you initiate a traumatic brain injury case? There are several unique factors you have to consider, including whether or not you can initiate legal action at all.

Fortunately, you don’t have to try and address these considerations on your own. You can meet with an experienced traumatic brain injury lawyer shortly after your initial accident. Our team uses these consultations to go over the specifics of your accident, outline your unique circumstances, and create a plan for retrieving your deserved compensation.

Questions to Consider When Addressing a Traumatic Brain Injury

If you’re thinking about filing a traumatic brain injury claim against another party, make sure you and your attorney ask the following questions:

Did Another Party Violate the Duty of Care They Owed You?

When you leave your home, you enter a social contract with the people around you. Legal professionals refer to that social contract as a “duty of care.” In other words, the people and parties around you have an obligation to protect you from predictable harm, including harm they themselves may generate.

Other people can violate the duty of care owed to you by engaging in deliberate or accidental negligence. That negligence can cause car accidents, construction site accidents, truck accidents, or even product failures. 

Should you fall victim to another party’s unchecked negligence, you can bring forward evidence of their oversight to prove that they violated the duty of care they owed you. A personal injury lawyer in California can help you gather the evidence you need to make your case.

Can You Prove the Liable Party’s Negligence Directly Contributed to Your Losses?

So you’ve proven, with evidence, that another party violated the duty of care owed to you. Now you have to prove that said negligence contributed directly to your accident’s losses. If you can’t prove that certain losses, including certain medical conditions, stemmed from your accident, you can include those losses in your request for damages.

Fortunately, our team knows how to gather the evidence needed to demand fair damages in civil court. We can work out what damages you may deserve before submitting your claim to a judge.

Have Medical Professionals Confirmed the Severity of Your Condition?

The aftereffects of a traumatic brain injury can stay with you for months or even years after your initial accident. You need to work with medical professionals to not only address the immediacy of your injury but also to stay on top of your long-term symptoms.

Moreover, working with medical professionals allows you to elaborate on the severity of your condition should you choose to take a personal injury claim to civil court. An attorney can call experienced medical professionals as expert witnesses to elaborate on the extent of your losses when you request loss-based damages. 

A medical professional’s testimony can also elaborate on the extent of a liable party’s negligence. With that in mind, it’s in your best interest to connect with your general practitioner, emergency responders, and other medical specialists as soon as possible after your accident.

Keep Your California Statute of Limitations in Mind

One of the most important legal considerations to keep in mind when pursuing traumatic brain injury litigation is California’s statute of limitations. California Code of Civil Procedure section 335.1 gives you no more than two years to act after a traumatic brain injury accident. If you don’t file a personal injury claim in that two-year period, you waive your right to compensation won in California’s civil courts.

What does that mean for your recovery? It means that if you want to fight for fair compensation, you must use those two years to your advantage. While you have until your statute of limitations expires to bring your claim forward, you can often build a more comprehensive claim if you start an investigation early.

Our team understands that it can be difficult to assume legal action when you’re contending with a traumatic brain injury. That’s why we offer to step in and manage your case for you. You can put our experience to work while focusing on your own recovery. In doing so, you can preserve your right to legal action without compromising your recovery.

You Can Schedule a Free Case Evaluation With Kash Legal Today

Our traumatic brain injury lawyers can help you break down any questions you may have about personal injury litigation long before you go to court. You can book a free case evaluation with our team at any point before your statute of limitations expires. 

These consultations let us sit down, assess the nature of your accident, and outline what additional considerations you may have to take before filing your claim. You can book your initial traumatic brain injury case evaluation through our contact form or by calling (888) 527-4128. Kash Legal’s attorneys in California are prepared to help you fight for the accident compensation you deserve.

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