The Statute Of Limitations For Personal Injury In California
West Coast Trial Lawyers Handles Personal Injury Cases In California
Moderate or severe brain injuries may lead to problems later on in your life. When you suffer a serious head injury, there are some parts within the brain that cannot be repaired. This results in long-term damage. Complications will arise and create problems for the victim. This may last up to months or years.
Physical Symptoms
Individuals who have moderate to severe brain injuries may have physical issues that could last for years. Complications they may face include:
- Headaches. These are common after a head injury. However, they could become worse over time. Headaches could last for months or even years. Every individual handles it differently. Some may fully recover, while others will have residual headaches.
- Dizziness. Many people endure this symptom after suffering a powerful impact to the head. Individuals may heal from the pain, while others may live with it for almost 5 years.
- Visual problems. Brain damage due to a traumatic brain injury can lead to an individual struggling to keep their eyes properly focused. Having this problem could cause other types of eye symptoms, such as blurred vision or double vision.
- Sensitivity to sound or light. Sensory issues are common in the beginning stages of TBI. However this does not necessarily mean they will become a long-term problem. In some circumstances, this could develop within the first three years of an incident.
- Seizures. If the individual has suffered severe brain injuries, they are likely to experience seizures, which is also called post-traumatic epilepsy. This could become a permanent issue for both adults and children. It is still unclear how to properly determine the development of this form of epilepsy even months or years after.
Cognitive Symptoms
Individuals who have moderate to severe brain injuries may have physical issues that could last for years. Complications they may face include:Besides physical symptoms, it is common for individuals to suffer long-term non-physical issues after a brain injury. These include:
- Depression,
- Anxiety,
- Lack of sleep,
- Being disorganized,
- Lack of awareness, or
- Aggression.
Individuals may suffer from emotional conflict due to the pain they are enduring after their injury. This is why non-physical symptoms include frustration and nervousness. Due to these mental problems, there may be a lack of socialization. It is difficult for an individual to have the energy or positive mood to communicate with others when they are going through physical and emotional pain.
Treatment
For long-term treatment, therapy may be used to help individuals with their recovery process. Types of available therapy to assist victims of brain injury include:
- Physical therapy. Helps build physical strength and coordination.
- Occupational therapy. Helps the individual learn or relearn how to do day-to-day activities.
- Cognitive therapy. Helps to improve memory, learning, planning, judgement, and attention.
- Psychological therapy. Helps improve an individual’s emotional well-being.
- Speech therapy. Helps to improve the individual’s communication skills.
Medication may also be used to treat symptoms of TBI and to lower any dangerous risks connected to it. Medications include, but are not limited to:
- Antidepressants. This will stabilize depression.
- Anti anxiety. This will help the individual feel less nervous and fearful.
- Anticoagulants. This will prevent blood clots from happening.
- Muscle relaxants. Helps reduce muscle spasms.
- Stimulants. Alertness and attention will increase.
- Anticonvulsants. Prevent seizures.
Statute of Limitations
In California, it is required for the individual to file a personal injury claim within two years from the date of their incident. Failure to do so will result in their claim being barred. However, there are exceptions:
- The individual is suffering from mental or physical injuries because of the injury.
- The individual is a minor. The statute of limitation will commence once the individual turns 18.
- The “discovery rule” may take place if an injury was not immediately noticeable. The statute of limitations will begin once the individual discovers their injury.
- Psychological therapy. Helps improve an individual’s emotional well-being.
Available Damages
Accidents happen. If you were injured as a result of someone else’s negligence, you may be entitled to compensation for your losses. Below is a brief explanation of damages. Damages are a type of monetary award that is determined by a court of law to help compensate an aggrieved individual for any losses or injuries sustained as a result of someone’s negligence.
Economic Damages
Economic damages are intended to compensate a plaintiff for losses that a dollar amount can readily be attached to. Economic damages are calculated by determining the amount of out of pocket losses an aggrieved individual has or will expect to incur as a result of their injuries.
A few examples of economic losses include:
- Loss of Earning Capacity
- Medical Bills
- Lost Wages
Non-Economic Damages
Non-economic damages are essentially intended to cover losses that are thought of as subjective and will not necessarily cover out of pocket losses. Non-economic damages may include compensation for:
- Emotional Distress
- Pain And Suffering
- Loss Of Enjoyment Of Life
Punitive Damages
The third type of damages a California court may award are known as punitive damages. Punitive damages are intended as punishment and are only awarded when a defendant’s behavior is especially harmful. Punitive damages are relatively rare and in fact were only incorporated in 5% of all verdicts.
Furthermore, there is no real set standard for calculating and awarding punitive damages. Punitive damages are awarded at the court’s discretion and will vary depending on the specific circumstances of a case.
West Coast Trial Lawyers Is Here To Help
If you or a loved one has suffered a serious head injury, West Coast Trial Lawyers has experienced brain injury attorneys that are committed in making sure that you get satisfactory end results for your settlement. Our attorneys focus on complex litigation, including catastrophic injuries to the brain. We will get you maximum compensation for medical care and damages. We also offer a free, no-obligation consultation at our firm. No financial risks are involved when you use our services. Fees are not charged until we win your case. You can reach our friendly staff today by calling (213) 927-3700 or emailing [email protected].