While people experience many types of serious injuries in motor vehicle collisions, falls, and other accidents, the brain is one of the most vulnerable of vital organs in the human body. A traumatic brain injury (TBI) can have debilitating consequences that last a lifetime, including diminished cognitive functioning, impaired mobility, and inability to communicate, just to name a few examples. Traumatic brain injuries often have a profound effect on both a victim and his or her family. Our experienced Rancho Cucamonga injury lawyers have answered common questions we frequently receive from people who have suffered head injuries because of the misconduct of an individual, business, or public entity.
What should I do if I suffer a traumatic brain injury in an auto accident caused by another party?
The most important step to take in the wake of a serious accident during which you incur a brain injury is to seek immediate medical care. Some head injuries do not exhibit significant symptoms until some time has elapsed after an accident. This delay in symptoms frequently is related to bleeding and swelling inside the skull, which imposes increased pressure on the brain. When injury victims take a “wait and see” attitude after experiencing an injury in a car accident, they risk a less favorable prognosis because unrelieved pressure on the brain might cause severe brain damage and even death. Prompt treatment also enables medical providers to conduct a thorough diagnostic examination. A magnetic resonance imaging (MRI), computerized tomography (CT), or electroencephalography (EEG) scan often provides vital evidence regarding the nature and severity of an accident victim’s injuries.
Brain injury victims also should seek prompt legal advice if they are injured in a collision caused by the conduct of another. The potential magnitude of damages in a lawsuit involving a serious TBI means that insurance companies will devote extensive resources to shift blame to the injury victim or to otherwise avoid liability. Medical evidence regarding the nature of the brain injury and the way the crash caused the injury also will involve complex medical information that must be explained to a jury with experts. Our Inland Empire personal injury lawyers work with well-regarded experts to build a compelling case for our clients.
How much is a traumatic brain injury claim worth?
While the precise value of a brain injury will depend on a range of factors, the damages in a case involving a traumatic brain injury typically exceeds $100,000, and awards in the millions are fairly common. The amount recovered in a judgment or settlement does not equal the actual compensation an injury victim receives. Our law firm handles auto accident claims on a contingency fee basis, which means that any attorney fees are a percentage of the client’s recovery. The litigation costs associated with pursuing a brain injury case also typically will be deducted from the recovery, including expert fees, trial exhibits, day-in-the-life videos, deposition costs (e.g. court reporter fees), and other costs associated with pursuing the lawsuit. The expenses associated with litigating a traumatic brain injury case can easily amount to tens of thousands of dollars, but our Southern California law firm has the financial resources to advance these costs of litigation. Our law firm executes a written fee agreement with every client, so they know what to expect regarding their net recovery after paying attorney fees and litigation expenses.
Can I pursue a personal injury lawsuit if I suffered a brain injury several years ago?
While the best practice is to seek legal advice as soon as practical after suffering a brain injury, the statute of limitations can bar the claim if a lawsuit is not filed before the deadline expires. A law firm will need time to investigate your injury claim and prepare a complaint to initiate the lawsuit, so time is of the essence in retaining legal representation. Further, shorter deadlines might apply, such as lawsuits against public entities for unsafe roads.
If you have suffered serious injury or lost a loved one in an auto collision, tractor-trailer accident, or motorcycle crash caused by a distracted or unreasonably careless driver in Southern California, our experienced Rancho Cucamonga personal injury lawyers at Schwartzberg & Luther, APC are dedicated to aggressively pursuing a maximum recovery for our clients. Contact Schwartzberg & Luther, APC at (909) 457-4270 to schedule your free consultation!
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