A brain injury is one of the most traumatizing injuries a person can face. Often, the path to recovery is long—and many brain injuries have irreversible effects. These injuries can also leave the victim with hundreds of thousands of dollars in care costs—often at a time when they cannot return to work. If you have suffered a traumatic brain injury and it was not your fault, you may have a right to a settlement to pay all of your costs and more. You need to speak with a Los Angeles traumatic brain injury lawyer.
The Simmrin Law Group has the experience and knowledge to help. Our attorneys have stood by families in the aftermath of brain injuries and helped them get the settlement they deserve—even against tough opposition from the insurance company. Most importantly, we never charge you or your family anything unless we win you money. Let us give you a free consultation. Fill out the form to the right or call us at 310-997-4688 and get your free consultation today.
What causes traumatic brain injuries?
A traumatic brain injury occurs anytime part of the brain is put under pressure or damaged. Usually this is caused by a direct blow to the head, or some kind of blunt force—for example, when a person’s head hits the dashboard in a car accident. In many cases, only the outer tissue surround the brain is damaged by the blow itself, but the swelling puts pressure on the brain and causes brain injury.
Other brain injuries are more indirect. For example, asphyxiation (lack of oxygen) or some drugs can cause damage to the brain. That means that some medical procedures can risk brain injury, even if they were not operating on the brain itself.
The most common types of brain injury cases we see are:
- Accidents involving cars, trucks or motorcycles. Traumatic brain injury is a sadly common outcome in severe car accidents, whether it is to one of the drivers or passengers, or to a pedestrian or bicyclist who is hit.
- Medical malpractice: If a doctor or nurse fails to provide an adequate level of care, and it causes an injury, that’s malpractice. This includes birth injuries which can cause brain injuries to babies as they are being born.
- Falling: People can hit their heads and suffer brain injuries in falls of all kinds, from simply tripping on uneven pavement to falling from a height.
- Workplace accidents: We most commonly see brain injuries in construction accidents, but they can occur in any industry. Workplace accidents may be covered by worker’s compensation, although it can be a struggle to get paid the full amount you deserve.
These aren’t the only ways brain injuries can happen. We are active in looking into brain injury claims of all kinds, including nursing home neglect, unsafe premises and other causes.
Who is liable for a brain injury?
Most injuries are not accidents. In most cases, someone—either a person or an entity, like a business—could have done something differently to prevent it. In most cases, that person or entity is liable for the full cost of the accident.
This is because, under the law, they may have a duty of care. That means they have a responsibility to be reasonably careful not to cause any harm to anyone. For example, a homeowner shouldn’t leave an old well shaft uncovered where anyone can fall into it. A business shouldn’t let spilled drinks sit on the floor without cleaning it up or marking it as slippery. And drivers need to follow the rules of the road and pay attention to their surroundings.
When someone breaks their duty of care—when they are careless or inattentive—they are considered negligent. And if their negligence causes an injury, they are liable for it.
In most cases their insurance will be the one who covers the costs.
How much money can I recover in a traumatic brain injury claim in Los Angeles?
There are two kinds of costs you can recover in your claim: the actual financial costs, and the more personal losses you’ve suffered.
- Hard costs include medical bills, the cost of future treatment, and all the costs of therapy, rehabilitation, in-home care and medication. It also includes lost wages or your lost future earning potential. These are all things you can put a dollar amount on, and you can recover the full amount.
- Personal losses (or “general damages” in legal talk) are things like the inability to work, the emotional pain you suffer, or the crisis of potentially never being the same as you were before the injury. Having a lifelong disability, or permanent memory or speech problems, are all examples of this kind of loss. You cannot attach a real dollar price to them, but they undeniably cost you something precious.
In a typical brain injury case, the personal costs will be assigned a value from 1 to 5. Often, it’s near the higher end of the scale—let’s say a 4. Then all of your actual hard costs will be multiplied by this number. The result is how much money you could potentially recover for your claim.
Because both the hard costs and the personal losses tend to be very great, brain injuries often result in multi-million dollar settlements.
It’s our belief that no amount of money can make up for a brain injury. The effects on your life are simply to great. Our goal with every brain injury case is that this money helps create financial stability. We want you and your family to feel secure and stable as you deal with the effects of your injury.
Talk to a Los Angeles Traumatic Brain Injury Lawyer for Free
Many brain injuries have effects for life. Let us be your ally. We understand both the medical issues and legal issues that come up in brain injury cases—and we know how to win. Im fact, if we don’t win you money, you owe us nothing. Let us give you your FREE consultation and answer your questions. Fill out the form to the right or call us at 310-997-4688 and get your free consultation today.