A Brain Injury Attorney Will Fight For Your Rights
It has been estimated that approximately 2% of Americans are currently in need of lifelong help just to complete daily tasks after enduring a serious brain injury. To put it in more relatable terms, that percentage translates into 5.3 million people. Unfortunately, a majority of traumatic brain injury victims no longer have control over their lives and will not be able to enjoy the simple pleasures most of us take for granted.
The brain is perhaps the most unique and complex organ in the human body. We still do not fully understand it. One thing is certain: once brain cells have been damaged by trauma, they will stay that way for the duration of a victim’s life.
These types of injuries are always delicate and can be caused by many different circumstances. Listed below are just five of the most common reasons for a traumatic brain injury:
- Car Accidents. Perhaps the most common reason for TBI. Any type of accident that involves cars, motorcycles, bicyclists and pedestrians is a leading cause of many traumatic brain injuries.
- Sports Injuries. Serious concussions and brain injuries are common in extreme and high impact sports.
- Falls. Traumatic brain injuries that occur from falls are mostly seen in young children and the elderly and may occur as a result of a fall in the bath, from a bed or a ladder, or down a flight of stairs.
- Explosive Blasts. Explosive blasts are a common reason as to why many active duty military personnel suffer serious brain injuries. Research suggests that the pressure wave that passes through a victim’s brain has the potential to significantly disrupt otherwise healthy brain functioning.
- Violence. Assault, domestic violence, child abuse, and gunshots are all common causes of serious brain injury.
If you have suffered a traumatic brain injury in the city of Irvine due to someone’s negligence, you may be entitled to compensation for medical bills, lost wages, pain and suffering, and possibly more. Please don’t hesitate to contact us 24/7 at (949) 334-9200 or feel free to email us at [email protected] to schedule a free consultation with our experienced, caring and compassionate legal team. At West Coast Trial Lawyers, we are always here to answer any questions you may have about brain injury claims in Irvine.
Steps To Take If Severe Head Trauma Occurs
In the event that you or a loved has suffered a head injury, you must be very careful. These injuries are delicate. If you suspect a traumatic brain injury, the best course of action is to call 911 and request immediate assistance. However, there are important steps you can take in the moment to help an injured individual:
- DO NOT move an injured person. This is important: please make sure that an injured person is lying down with head and shoulders at slight elevation. Once again, please DO NOT move someone you suspect may have traumatic brain injury and avoid moving their neck. Finally, you must never remove a head trauma victim’s helmet, if they are wearing one, for any reason.
- Stop The Bleeding. If you have a piece of sterile gauze or a clean piece of cloth, use it to apply firm pressure on the wound. DO NOT apply direct pressure to the wound if you have reason to suspect the individual may have a skull fracture.
- Monitor Breathing/Alertness. Keep a close eye on a victim’s breathing and level of alertness. Administer CPR if a person no longer shows signs of breathing, coughing, or movement.
- Minimize Choking Risk. When an individual is vomiting, you must roll their head, neck, and body on their side.
Filing A Brain Injury Claim
If you suffered a traumatic brain injury as a result of someone’s negligence or deliberate acts, you have the right to hold that party accountable and recover financial compensation for your injuries and losses. There are essentially two types of lawsuits involving brain injuries, depending on the circumstances of the injury: those caused by negligence and those caused by faulty products.
What is negligence? Negligence is an individual’s failure to act reasonably when he or she had a legal duty of care to do so. Negligent acts can be committed by just about anyone, including individuals, companies, or groups of people. However, injuries or property loss must be caused as a result of a negligent action.
If you suffered a brain injury as a result of someone’s negligent acts and you want to pursue a brain injury claim, you must prove that the defendant owed you a duty of care; that the defendant acted in a way that violated this duty of care; and that the defendant’s violation of their duty of care caused your brain injury.
For example: if a driver was drunk and crashed into you, causing you to suffer a brain injury, that person would be guilty of negligence and would be liable to you for your injuries.
What are product liability claims? These claims have nothing to do with negligent acts. Products liability claims are brought against companies who are guilty of producing or selling a defective product which then causes a brain injury.
These types of cases revolve around: Defects in the design process, defects in the manufacturing process, or inadequate warnings about hazards or insufficient instructions about how to properly use a product.
For example, say that someone purchases a defective bicycle helmet, experiences a bicycle accident, and then suffers a brain injury as a result of that defective helmet.
For example, a brain injury victim who wants to bring a product liability lawsuit for a defective helmet must show that:
- The defendant designed, manufactured, and/or sold a faulty helmet
- The helmet had a design, manufacturing, or warning defect when it left the defendant’s possession
- The plaintiff used the helmet reasonably
- The defect in the helmet caused a brain injury
West Coast Trial Lawyers Is Always Here To Help
If you have sustained a brain injury 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. An Irvine brain injury attorney at our firm can recover financial compensation for the losses you have suffered, including your medical bills, property damage, lost wages, and pain and suffering from your injury. Call us today at (949) 334-9200 or email [email protected] to schedule a free consultation with our experienced, caring and compassionate legal team.