If you have been critically injured in an accident and were subsequently diagnosed with a traumatic brain injury (TBI), your entire life could be changed. Many brain injuries and head trauma have life-threatening or catastrophic lifelong consequences. If someone else is responsible for causing your injuries, they should be held accountable.
Although pursuing legal action may be the last thing on your mind, the sooner you demand justice, the sooner you will have access to the compensation you need to start rebuilding your life. Get help from an experienced Irvine brain injury attorney at the Simmrin Law Group when you contact our personal injury team for a 100% free consultation.
Types of Brain Injuries in Irvine
The type of brain injury you are diagnosed with will not have an impact on the outcome of your case or your ability to take action against the liable party. However, to be awarded compensation for your injuries, your brain injuries must have had or are expected to have a significant impact on your life.
Some of the most common types of head trauma your brain injury attorney in Irvine, CA at the Simmrin Law Group has experience handling include:
- Cerebral edema
- Concussion
- Traumatic axonal injury
- Penetrating brain injuries
- Contusions
- Hematomas
- Stroke
- Anoxic brain injuries
- Second impact syndrome
The extent to which her life has been affected by your brain injuries will determine how much compensation you should be awarded. For this reason, it may be in your best interest to keep a detailed journal that describes the emotional trauma, physical limitations, and psychological distress you experienced due to your brain injuries.
For a free legal consultation with a brain injury lawyer serving Irvine, call (310) 896-2723
Common Accidents that Can Cause an Irvine Brain Injury
Nearly any type of accident has the potential to cause severe brain trauma. Your brain injury lawyer in Irvine, CA will thoroughly review the details surrounding your case. This way, we can determine the cause of the accident and identify those who may have contributed to the injuries you suffer.
Some of the most common types of accidents known for causing traumatic brain injuries include:
- Motorcycle accidents
- Pedestrian accidents
- Construction accidents
- Bicycle accidents
- Semi truck accidents
- Car accidents
- Slip and fall accidents
- Ladder and stair accidents
- Trampoline accidents
- Manufacturing accidents
- Construction accidents
- Medical malpractice
If you suffered severe brain injuries in another type of accident not included in the list above, you may still be entitled to compensation for your losses. The best way to find out what legal options are most suitable for your case is to contact a brain injury lawyer to discuss the severity of your injuries and the specific circumstances of your case.
Irvine Brain Injury Lawyer Near Me (310) 896-2723
When to Sue for a TBI
If you have concerns you will be accused of filing a frivolous brain injury lawsuit, you can rest easier. Remember, it is not the type of brain injury you were diagnosed with that determines whether you have met the grounds necessary to file a claim. According to Georgia personal injury laws, as long as someone else is or could be at fault for your injuries, you may have the right to take legal action against them.
Your brain injury attorney must demonstrate how the elements of negligence have been met. These elements include:
- Duty of care
- Breach of duty
- Causation
- Damages
The accused must have had an obligation to your safety or a duty to keep you out of harm’s way. They must have made a decision or failed to make a decision that caused your accident or resulting brain injuries. Your brain injuries must substantially affect your quality of life emotionally, physically, or financially to have met the grounds needed to file a claim.
Click to contact our Irvine Personal Injury Lawyers today
Available Compensation for Traumatic Brain Injuries
Accessing the financial compensation you are due is essential if you hope to get through these difficult times without succumbing to financial ruin. Thankfully, in court, you have the right to be made whole. Every single loss you experience due to someone else’s negligent actions is recoverable as part of the traumatic brain injury claims process.
This includes a combination of economic damages and non-economic damages. Economic losses describe your monetarily based damages, while non-economic damages allow for compensation for your psychological trauma, emotional distress, and the ways your life has been affected by your brain injuries.
Examples of these compensatory damages could include:
- Mental anguish
- Loss of enjoyment of life
- Physical pain
- Loss of income
- Medical bills
- Ongoing brain injury treatment
- Medical device costs
- Mental health counseling
- Property damages
- Loss of consortium
Complete a Free Case Evaluation form now
California Personal Injury Laws to Know
Several personal injury laws in California could influence the outcome of your Irvine brain injury lawsuit or insurance claim. The most notable include the following:
The Statute of Limitations for Civil Lawsuits
According to California Code of Civil Procedure Section 335.1, brain injury lawsuits and other personal injury claims must be filed within two years. There may be extenuating circumstances present that allow the statute of limitations in your case to be paused temporarily or “tolled.” If you hope to avoid being barred from moving forward with your brain injury lawsuit, make sure you get an attorney working on your case as soon as possible after the accident.
Pure Comparative Negligence
California operates under a pure comparative negligence system. Here, when shared liability is present, it will not prevent you from covering compensation for your losses. If you are partially responsible for causing your brain injuries or the accident that caused them, you can expect your settlement to reflect a deduction that correlates with your portion of fault.
For example, if you were not wearing your seatbelt when you were hit by a drunk driver, you might be found 15% responsible for your brain injuries. This means you could only recover up to 85% of your awarded settlement.
Connect with a Brain Injury Attorney in Irvine, CA Today
Do not be intimidated by the brain injury claims process. When you have a knowledgeable legal advocate fighting for your rights, you can rest easier.
Do not hesitate to contact a dedicated Irvine brain injury lawyer at the Simmrin Law Group to learn more about how to fight for the compensation you deserve after suffering severe head trauma or brain injuries. Reach us by phone or through our quick contact form to get started on your brain injury lawsuit and insurance claims as soon as today.
Call or text (310) 896-2723 or complete a Free Case Evaluation form