• Home
  • Lawyers
    • Personal Injury
    • Family & Divorce
    • Criminal & DUI
    • Bankruptcy
    • Workers Compensation
    • Business
    • Real Estate
    • Employment
    • Estate Planning
    • Medical Malpractice
    • Immigration
    • Landlord Tenant
    • Social Security Disability
    • Tax
    • Probate
  • Legal Services
  • Local Courts
    • San Bernardino County Courts
    • Riverside County Courts
  • Blog

Inland Empire
Legal Blog

Traumatic Brain Injuries Caused by a Car Accident

4/12/2022

Comments

 
brain illustration
The death of a loved one is one of the most devastating things in life, and no one person is immune to its effects regardless of the circumstances. Natural causes indeed cause most deaths, but it is also possible to lose a loved one due to someone else's negligence and serious injury.

A traumatic brain injury (TBI) is defined by the Centers for Disease Control and Prevention (CDC) as a disruption of normal function of the brain triggered by bumps, blows, or jolts to the head or a penetrating head injury. Just under 2 million Americans suffer from these potentially life-altering injuries every year. TBI is responsible for approximately 225,000 related hospitalizations, over a million trips to emergency departments, and 65,000 deaths each year.

How Do TBIs Occur and Who is Most Vulnerable?

According to the CDC, 176 TBI-related fatalities occur daily. The number one cause of TBIs in the US are falls and coming in second are car accidents. TBIs are the leading cause of TBI-related deaths among children and young adults ages 5-24 years old. Additionally, senior citizens have a more difficult time recovering from traumatic brain injuries, particularly those provoked by car accidents, making elders extremely vulnerable to fatalities related to TBIs.

Negligence, recklessness, intentional irresponsible behavior, and impaired driving lead to car accidents and severe injuries for countless victims.

Traumatic brain injuries often result in death and wrongful death for innumerable unfortunate victims. Losing a close family member is incredibly difficult, especially when another person's recklessness causes their death. In the event that you lose a family member because of another's negligence, filing a wrongful death claim may be a valid legal avenue to take. Wrongful death lawsuits are filed against an individual who caused the death of another person through negligence or malicious actions. As a result, these lawsuits are filed on behalf of deceased victims who would have sought a personal injury claim had survived.

Who can file a wrongful death claim in California?

Survivors or legal representatives of the deceased may file a wrongful death claim in the State of California. For example, this includes surviving spouses, domestic partners, as well as children. The wrongful death lawsuit can also be brought about by other family members such as siblings, parents, or legal guardians if there are no direct survivors. For another example, the deceased person's grandchildren (if the deceased person's children have already passed away) may pursue a wrongful death suit.

Is It Difficult to Prove Wrongful Death?

Wrongful death lawsuits can indeed be challenging to prove. It is necessary, in these matters, to establish all four legal elements of wrongful death. In the absence of any of the required four elements, the legal standard is not considered met, and the wrongful death lawsuit may not succeed. Individuals seeking compensation for wrongful death must satisfy all four aspects of wrongful death to receive compensation.

It is easier to meet the burden of proof in civil cases than in criminal cases. Criminal court cases are the only ones requiring proof beyond a reasonable doubt. Civil cases don't require the same level of proof as criminal cases, making claims easier to prove.

The Four Legal Elements of Wrongful Death

The four legal elements of negligence are duty, breach of duty (the death of another person), causation, and damages.

1 - Negligence: It is the plaintiff's responsibility to prove that the defendant was negligent in the event of their loved one's death. The act of negligence entails failing to act responsibly or reasonably, which results in injury or death. To be awarded compensation, the defendant must be proven to have committed acts of carelessness, negligence, or recklessness that contributed wholly or partially to the death.

2 - Duty and Breach of Duty: An obligation of care must have existed between the defendant and the deceased. In each situation, an individual has the responsibility to act rationally as another individual would. Drivers are also required to obey traffic laws and not cause injury to others when operating their vehicles. Any action or an omission of action that any other reasonable party wouldn't have committed is considered a breach of duty, and that includes acts of recklessness or carelessness by the defendant and any disregard for the safety of others. Breach of duty also exists when the defendant exhibits malicious intent to harm another individual. In wrongful death cases, someone is killed because of a breach of duty.

3 - Causation: The plaintiff must demonstrate the defendant's negligence led to or substantially contributed to the death of a loved one if they are pursuing a wrongful death claim. The plaintiff must prove that the fatal injury (TBI in this instance) or death would not have occurred without the defendant's negligence. It is not required for plaintiffs to prove the defendant intended to hurt or kill their loved one. You only need to establish that the defendant's negligence caused your loved one's death.

4 - Damages: An individual must prove that their loved one's death resulted in quantifiable legal damages as the fourth element of a wrongful death case. After a loved one passes away, economic losses are quantified, including:
  • Medical costs
  • funeral costs
  • burial costs
  • hospital bills
  • loss of income
  • future earning loss
  • benefits the plaintiff was entitled to receive from the decedent
  • value of household services the deceased would have provided, etc.

Evaluating non-economic damages (based on mental and emotional losses) is often more challenging to tabulate. These damages can include loss of relationship (companionship), comfort, attention, affection, loss of sexual intimacy, and more. Additionally, non-economic damages include the pain and suffering the deceased experienced before death.

What to Do Following the Death of Your Loved One

Proving wrongful death can feel overwhelming and even challenging; however, if you have lost your loved one after they suffered a traumatic brain injury that resulted from a car accident caused by someone else's recklessness or negligence, you should contact an experienced wrongful death attorney.

Note: If you lost a loved one in California, you have two years from the date of their death to file. Survivors of the deceased may lose their right to file a lawsuit if they do not file a claim within those two years in most cases.

Hiring an Experienced Attorney

Castillo and Associates is a California personal injury law firm built on experience, skill, knowledge, and years of successful cases in which victims received the compensation they deserved. We have recovered over 300 million dollars in compensation for our clients to date. Whether you have suffered from a personal injury, catastrophic injury, or wrongful death, our attorneys will fight vigorously for your right to compensation.  We can help you determine your options and guide you further in each step of the process. Our experienced attorneys at Castillo & Associates can help you gather any evidence you may need to get the maximum benefits for your injury. Contact us today at 1-800-497-9774.

At Castillo & Associates, we have offices conveniently located throughout Southern California in Los Angeles County (Pomona), Inland Empire (Riverside), Coachella Valley, and San Diego. We are Bilingual Attorneys and have over 33 years of combined experience in Workers' Compensation Claims & Workers Compensation Law as well as Personal Injury Law.

Picture
Castillo & Associates is a General Law Firm located in Riverside, CA. We are legal experts in Personal Injury & Insurance Claims in Auto, Truck, Motorcycle, Pedestrian, Semi Trucks & Trailers. We have over 35 years experienced in Workers’ Compensation Claims, Automobile Accidents, Immigration Law.
Comments

    IE Legal Hub

    Local legal information, published by local Inland Empire lawyers.

    Are you a local attorney?
    Post your content here, learn why and then check out the submission rules and guidelines.

    Archives

    April 2022
    September 2021
    March 2021
    December 2020
    June 2020
    March 2020
    February 2020
    January 2020
    December 2019
    November 2019
    April 2018
    February 2018
    January 2018
    December 2017
    November 2017
    October 2017
    September 2017
    August 2017
    July 2017
    June 2017
    May 2017
    April 2017
    March 2017
    February 2017
    January 2017
    December 2016
    November 2016
    October 2016
    September 2016
    July 2016
    June 2016
    May 2016
    April 2016
    March 2016
    February 2016
    January 2016
    December 2015
    October 2015
    September 2015

    Categories

    All
    Attorneys
    Business
    Criminal Defense
    Divorce
    DUI
    Employment Law
    Estate Planning
    Family Law
    General Information
    Lawyers
    Legal Marketing
    Mass Tort Litigation
    Medical Malpractice
    Personal Injury

    RSS Feed


    inlandempirelawyers.com

Home
Non-Attorney Legal Services
San Bernardino Courts
Riverside Courts

Blog

Sitemap
Practice Areas
Personal Injury Attorneys
Family & Divorce Attorneys
Criminal & DUI Defense Attorneys
Bankruptcy Attorneys
Workers' Compensation Attorneys
Business Attorneys
Real Estate Attorneys
Employment Attorneys
Estate Planning Attorneys
Medical Malpractice Attorneys
Immigration Attorneys
Landlord - Tenant Attorneys
Social Security/Disability Attorneys
Tax Attorneys
Probate Attorneys
Inland Empire lawyers
Are you a local attorney? Add a Listing | Why Advertise With Us? | Free Advertising

Proud Member of the Riverside, San Bernardino and Western San Bernardino County Bar Associations.
Riverside County Bar Associaton logo
Western San Bernardino County Bar Association logo
San Bernardino County Bar Association logo
Attorneys in San Bernardino & Riverside counties serving the following communities: Rancho Cucamonga, Fontana, Rialto, Colton, Loma Linda, Redlands, Yucaipa, Upland, Ontario, Montclair, Chino, Chino Hills, Corona, Norco, Eastvale, Grand Terrace, Jurupa Valley, Mira Loma, Palm Springs, Moreno Valley, Temecula, Pomona, Claremont, La Verne and all neighboring cities. 

Disclaimer: The information provided on InlandEmpireLawyers.com is general information and is not legal advice, InlandEmpireLawyers.com is not a lawyer referral service and makes no guarantees about law firm claims or the accuracy of information presented. No attorney-client or confidential relationship is formed by use of the site and form submissions made to attorney profiles are not confidential. The attorney listings on InlandEmpireLawyers.com are attorney advertisements and do not in any way constitute a referral or endorsement by InlandEmpireLawyers.com or any approved or authorized lawyer referral service. Your access of/to and use of this site is subject to additional Terms and Conditions. None of the content on this website constitutes a guarantee, warranty or prediction regarding the outcome of any legal matter. Research a law firm thoroughly before hiring.
Copyright © 2021 Everest Legal Marketing All rights reserved.
attorneys in the Inland Empire