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What to Expect When Filing a Brain Injury Claim and Returning to Work After a Lengthy Hiatus

The brain controls your thoughts, emotions, memories, speech, and body movement. Any damage done to the brain can impact the way you function. It is encouraged for victims of a brain injury to seek medical attention as soon as possible. Regardless of how minor it could be, the wound could continue to worsen if left untreated. 

The recovery process of a brain injury may vary. Typically, nerves or neurons are not capable of going through the replication and repair process, however, they can rebuild themselves based on the type of brain injury a victim sustains. Medical treatment may be temporary or permanent. Nonetheless, it can be costly to heal from a brain injury. Fortunately, you may be entitled to file a personal injury claim against the party at-fault for damages. You will need to seek legal representation to make your chances of acquiring recoverable compensation more likely.

At West Coast Trial Lawyers, our qualified California brain injury attorneys have more than 60 years of collective legal experience in handling personal injury claims. We have won over 5,000 cases and recovered more than $1 billion in settlements for our clients. As we continue to deliver client satisfaction with each case we handle, we are confident that we will get you the compensation you deserve for your losses.

To schedule a free consultation, please contact our 24/7 legal team by calling 213-927-3700 or filling out our quick contact form.

Filing a Brain Injury Claim in California

If you sustained a brain injury due to the negligence of another party, you may be entitled to file a personal injury claim to acquire recoverable compensation for your losses. In order to provide a convincing and well-constructed case, you will need to show proof of the other party’s negligence. The three elements of negligence you must have in your personal injury claim include the following:

  • The defendant owed you a duty of care;
  • The defendant breached their duty of care; and
  • The defendant’s failure to comply with their duty of care was the main cause of your injuries and damages

Brain Injuries Caused by Defective Products

A company that produces or sells a defective product without notifying the store or consumer of the hazard can be found liable for causing a brain injury. According to California’s product liability law, those who are involved in the chain of distribution, such as a product designer, manufacturer, or seller, can be held strictly liable for injuries caused by their faulty product. Generally, strict liability cases involve:

  • A product defect during the design process
  • A product defect during the manufacturing process
  • No warnings available concerning the safety hazard
  • No instructions given on how to properly use the product

If you are planning on pursuing a product liability lawsuit after sustaining a brain injury, you are required to show proof of:

  • You using the product in a reasonable manner
  • The product designer or manufacturer selling the product with a defect
  • The product defect being the main contributor of your brain injury
  • The product had a design or manufacturing defect when it was no longer at the hands of the defendant

For example, Jordan purchased a faulty bicycle helmet. He was unaware of the product being defective. Once Jordan arrived home, he wore the helmet and began riding his bicycle. As Jordan was roaming around town on his bicycle, he didn’t notice a pothole ahead of him and rode directly over it. Jordan lost control of his bicycle and fell on the ground. The helmet immediately broke apart, which caused Jordan to sustain a head injury.

Under this circumstance, Jordan is eligible to file a personal injury claim against the manufacturer and distributor for providing him with a defective product.

Working After a Brain Injury

Talk to Your Employer
You are not required to discuss full, in-depth details about your brain injury to your employer. However, you should provide them with information about your health if it is putting you or others at risk of falling behind with work-related duties. We suggest giving your employer a heads up about certain topics, which include the following:

  • Your limitations. You should be open with your employer about any restraints or limitations you have that are affecting your productivity. Your employer should understand where you are coming from and provide you with reasonable accommodations to make your tasks easier to fulfill.
  • Your sick pay. Make sure you are keeping track of your sick pay entitlement. Do not feel nervous or anxious about speaking to your employer or asking questions about it either.

Ask for an Accomodation
According to the Americans with Disabilities Act (ADA), employers are required to provide reasonable accommodations to disabled employees. This may include the following:

  • Provide more breaks
  • Offer less work hours
  • Assign a different work position
  • Give less work to complete
  • Give you enough time to gradually return to work

We suggest giving an employer an update on your health status from time to time to give the employer an idea of what types of adjustments to make in order to provide reasonable accommodations that are best suited for your current situation.

If you are fully capable of performing past work-related duties, your employer can remove all reasonable accommodations and allow you to work the same way you did prior to your brain injury.

Go Easy on Yourself
It is common for victims of a brain injury to head back to work in a state of fear or anxiety over how their work performance will be after taking such a long hiatus. Remember to keep an uplifting and positive attitude as you return back to work. Instead of focusing on making mistakes, try to think of solutions that will help you overcome those errors. Figuring out an approach to a problem will help you become better prepared and more organized.

Lastly, you should not set unrealistic expectations of yourself. This can often lead to disappointment if it is not achieved. Set boundaries for yourself and make sure you are not being overworked. Your health should always be your first priority.

Communicate With Your Co-Workers
You are not required to notify your co-workers about your condition, but if you believe that it would be best to let them know what’s going on, you have all the right to speak to them about it. Informing your co-workers about your limits can make it easier for them to have an idea of what you may be capable of doing and what you may need extra help with. It is likely that your co-workers may provide special arrangements on their behalf to make it convenient for you to complete your tasks.

It is all up to you to decide on how much information you plan on sharing with your co-workers. You are given the right to let them know or keep it private if asked.

West Coast Trial Lawyers Is Here to Help

If you have sustained injuries as a result of someone’s negligence or deliberate acts of malice, you have the right to hold the guilty party responsible for your losses. Our California brain injury attorneys at West Coast Trial Lawyers can recover compensation for the losses you have suffered.

Contact us today by calling 213-927-3700 or filling out our contact form to schedule a free consultation with our experienced, caring, and compassionate legal team..

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