Slip-and-falls, assaults, gunshot wounds, and vehicle accidents are the leading causes of traumatic brain injuries (TBIs). According to the Centers for Disease Control, nearly half of all TBI-related hospitalizations are from falls. Firearm-related injuries are known to cause the most common TBI-related fatalities in the US. Depending on how severe the damage is, victims may suffer temporary or long-term health problems.
For instance, an individual with a mild TBI (concussion) may feel better within a couple of weeks or months. Conversely, someone with a moderate to severe TBI can experience long-term effects of the injury. After suffering life-altering TBI, the patient has to deal with medical bills, loss of income, and a diminished quality of life. It’s, therefore, crucial to consult a San Bernardino traumatic brain injury lawyer for more reasons than one.
What Is The Role of a Traumatic Brain Injury Lawyer?
A traumatic brain injury can significantly affect a victim’s ability to live a normal day-to-day life. The medical expenses they may incur throughout their treatment can also be astronomical. This is why TBI lawsuits are based on a legal negligence theory that requires a plaintiff to prove the defendant is legally at fault. An experienced San Bernardino personal injury lawyer can help traumatic brain injury victims recover financial compensation for the injuries they’ve sustained.
The role of a San Bernardino traumatic brain injury lawyer is to advocate for their clients. They ensure victims are not only financially awarded but also emotionally compensated for the toll their injuries have taken on them. If you or a family member has suffered a TBI, you should retain the services of a personal injury lawyer, so they can start working toward the best possible outcome.
How Can San Bernardino Traumatic Brain Injury Lawyers Help?
When a fall, gunshot, vehicle accident, or physical assault has caused a brain injury, you might be entitled to compensation for your damages. San Bernardino traumatic brain injury lawyers can help you pursue a personal injury claim against the responsible party. The initial consultation is a chance for the client and TBI lawyer to gather invaluable evidence and investigate the claim to determine how the lawsuit will proceed. If your TBI resulted from another’s reckless actions, your attorney must prove the four elements of negligence to recover fair compensation.
The four elements of a TBI negligence lawsuit include the following:
- There exists a duty of care. For example, motorists owe other road users a duty to drive safely and avoid accidents. Doctors owe patients a duty of care to provide an acceptable standard of care; so do landlords by providing safe premises.
- The defendant breached that duty of care owed to you and perhaps caused an accident.
- A TBI lawyer must demonstrate that the defendant’s negligent actions were the cause of the victim’s injuries.
- Once the cause of the injury is proven, a TBI attorney will ascertain that the plaintiff sustained damages and losses due to the at-fault party’s actions or inactions.
Proving these four legal elements in a negligence case can be challenging, especially when the lawsuit involves a TBI. Often, expert witnesses are called upon to assist in the case analysis. A thorough investigation into the accident’s circumstances is carried out to help identify the responsible parties. Catastrophic injuries can result in a lifetime of medical expenses, lost wages, and ongoing personal care.
It’s crucial to onboard a San Bernardino traumatic brain injury lawyer as soon as possible to discuss your legal situation in pursuing compensation for related injuries. Competent and experienced legal counsel fighting on your behalf increases your chance of receiving maximum payment to provide you with the financial resources you need to care for yourself after a brain injury.
Traumatic Brain Injuries Verdicts and Settlements
In California, traumatic brain injury victims can recover compensation through either a settlement or verdict. A settlement occurs when the plaintiff and defendant agree to resolve a personal injury case outside court. If a settlement can’t be reached, the case may proceed to court and be left for a jury to decide. If the jury’s decision favors the plaintiff, they can issue a judgment (verdict) that the defendant must pay compensation to cover various damages.
A verdict search report found the average personal injury ruling was $1.81 million, but the average damage awarded was $114,000 in California. The median better reflects the typical personal injury verdict in California, and the difference is due to various high-value verdicts that alter the overall average. It’s worth mentioning that even though a jury’s verdict is a public record, personal injury settlement claims made out of court are private. This makes it impossible to determine the average mild or severe TBI settlements.
In cases where a victim has suffered extensive injuries and ongoing lifetime care is needed, settlements can exceed $1,000,000. This is because the value of any lawsuit considers the patient’s current and future medical costs. TBI settlement amounts tend to increase with the severity of the injury and extent of disability, including pain and suffering losses.
Hire a Seasoned San Bernardino Brain Injury Lawyer at Kash Legal
After a brain injury, it’s essential to seek medical treatment as soon as possible. The next step is consulting an experienced brain injury lawyer at Kash Legal to ensure you pursue fair compensation for the harm you have suffered. If your TBI is due to another person’s negligent actions, don’t settle for just any attorney.
Hire a San Bernardino law firm with a proven track record at winning fair compensation for their client’s losses. At Kash Legal, we have years of experience representing patients who’ve suffered TBI due to slip-and-falls, car accidents, assaults, and more. We also work closely with experts to provide professional testimony to support your case. Call us at (888) 527-4128 or fill out our contact form to schedule a free comprehensive consultation.
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