Santa Ana Brain Injury Lawyer

Suffering a brain injury is a traumatic event that can potentially affect your way of life in ways that you can’t imagine. Depending on the severity of the head injury, victims may have to live with a permanent physical or cognitive impairment that could affect their working ability and maintain a healthy lifestyle. In fact, according to the Brain Trauma Foundation (BTF) about 2.5 million people sustain a traumatic brain injury each year and currently serves as the leading cause of death and disability in children and adults ages 1 to 44.

With such staggering numbers, the possibility of a person sustaining severe traumatic brain injuries is likely in a number of scenarios and if it does happen, it can lead to a variety of financial issues just by trying to pay for treatment. If you or a loved one has ever suffered from a traumatic brain injury due to an unfortunate accident then you may be entitled to fair compensation for the sustained damages.

At West Coast Trial Lawyers, our team of brain injury attorneys are ready to serve as your legal representation in this endeavor. We are a personal injury law firm with over 20 years of legal experience and our lawyers have worked on a variety of brain injury cases that were caused from car accidents to medical malpractice.

We have recovered over $1.6 billion in financial compensation to our deserving clients and we will continue to do our duty to fight for them when they need it the most. A brain injury case can be a complex experience to process, however, our personal injury lawyers are confident that they can get you the maximum compensation you deserve for your losses.

To schedule a FREE consultation, you can get in touch with our 24/7 legal team by calling us at (213) 927-3700 or by filling out our quick online contact form.

What Is a Brain Injury?

A traumatic brain injury (TBI) according to the National Institute of Neurological Disorders and Stroke is a brain dysfunction caused by a forceful bump, blow, or jolt to the head. Depending on the nature of the accident a brain traumatic brain injury can be classified as one of two different categories: Penetrating and Non-penetrating.

Penetrating

A penetrating head injury (sometimes referred to as an open head injury) is when an object pierces the skull and enters into the brain tissue causing damage to certain parts of the brain. As such, penetrating TBIs are serious injuries and are typically caused by actions such as gunshot wounds, blunt force trauma, shrapnel explosions, skull fractures, and falls. Depending on the depth and damage of the piercing, a penetrating TBI can be fatal, however, if it is not then victims would require immediate medical attention in order to survive.

Non-Penetrating

A non-penetrating head injury (sometimes referred to as closed head injury) is when an external force or blow has been applied to the head and it causes the brain to rattle inside the skull, resulting in bruising and tearing. While non-penetrating injuries are not inherently fatal, they can still cause physical and cognitive damage that can become fatal in the future if not treated carefully. This type of traumatic injury is usually caused by car accidents, falls, sports related incidents, and blunt force trauma to the head. Depending on the severity of the blow, recovery can sometimes take days, weeks, or even months to heal.

What Are the Most Common Causes of Traumatic Brain Injuries in California?

Traumatic brain injuries are often caused by sudden and violent external forces that damage the brain. From what is typically seen in Santa Ana, car accidents, falls, pedestrian accidents, and violent assaults are the most common causes of brain injuries. If you are filing a claim with a traumatic brain injury lawyer, it is best to familiarize yourself with each one to have a better understanding of your case.

Car Accidents

Car accidents are one of the most common causes of TBIs largely due to the force and impact that occurs in a car crash. According to a brain injury study conducted by the National Institute of Health, around 37% of all car accident victims have suffered traumatic brain injuries. Meanwhile, in an adjacent Motor Vehicle Traffic Crash report from the National Highway Transportation Safety Administration (NHTSA), there were around 6,102,936 police-reported traffic crashes with about 2,497,657 injured as a result. Whether you were in an auto accident with a car, bus, truck, or motorcycle, the possibility of receiving a TBI is never zero.

Pedestrian Accidents

Unlike motor vehicle accidents, pedestrian accidents have a higher likelihood of sustaining traumatic brain injuries due the impact pedestrians might face when a vehicle hits them. The NHTSA conducted a nationwide ranking of pedestrian fatality rates and California is ranked in the top ten of having the most fatal pedestrian accidents across the United States. With that in mind, the chances of encountering a severe TBI that ends up in a fatality is very likely and in cases such as that, a TBI claim can turn into a wrongful death claim.

Violent Assaults

Violent assaults are defined as physical altercations that sometimes involve a weapon such as firearms and blunt objects. According to the National Library of Medicine, traumatic brain injuries derived from assaults can leave long-term physical, cognitive, and emotional conditions on the victim and may require rehabilitative services such as physical and behavioral therapy. Considering how many possible TBIs are caused by firearms and blunt force objects, victims need to hire a brain injury attorney to ensure themselves that their road to recovery is not paid out of pocket.

Falls

The CDC has determined in a fall fact sheet that traumatic head injuries are the most common injury found in falls with about three million people being treated per year. It has even been calculated that one out of five falls causes a serious injury such as a brain injury. Due to the fact that anybody can trip and fall due to external factors or by chance, it is imperative that you seek medical attention if you believe you have sustained a serious head injury in a fall.

What Kind of Compensation Can I Receive for a Brain Injury?

Typically in brain injury cases, accident victims are awarded with economic and non-economic damages in order to compensate them for any accrued medical expenses and emotional damage that may have occurred. For example, economic damages such as lost income, medical bills, pain and suffering, emotional distress, and quality of life adjustments are all things that can compensate for brain injury victims. While the total value will be dependent on the severity and scale of the accident in question, most severe brain injury cases are typically valued around the six to seven figure range to accommodate victims for all of the costs.

Are There Time Limits for Filing a TBI Claim in California?

According to section 335.1 of California’s code of civil procedure, all personal injury cases, including traumatic brain injury claims must be filed within two years of the accident date. If not then you risk running into the statute of limitations and would not be able to pursue compensation for your damages. In fact, any attempt to file a claim after the two year mark would be immediately dismissed in the California court system. The only exception to the two year rule is unless the victim is a minor, in jail, legally insane, living out-of-state, or disabled. 

West Coast Trial Lawyers Is Here To Help

If you or a loved one has suffered a brain injury due to someone else’s negligence, you may sue to recover damages. As brain injuries can accumulate high medical bills, it is imperative that you hire an experienced brain injury lawyer to represent your case so you can recover compensation for damages such as lost wages, emotional distress, rehabilitation costs, past medical bills and future medical expenses.

At West Coast Trial Lawyers, our team of brain injury attorneys are ready to take on your case and represent you during this stressful time in your life. We are a law firm that specializes in personal injury claims and with over 20 years of legal experience, our personal injury attorneys are confident that they can get you the compensation you deserve for your damages.

We have recovered over $1.6 billion in financial compensation for our deserving clients and we will continue to fight for their rights. Whether you have sustained a moderate head injury or severe brain damage, our attorneys handle each case with the utmost care and respect that it deserves and will be there every step of the way to address any questions or concerns that may arise in your case.

We run on a contingency-fee basis, meaning that you pay no fees until you win. To schedule a FREE consultation for your case, we welcome you to reach out to our 24/7 legal team by calling us at (213) 927-3700 or completing our easy online contact form.

Frequently Asked Questions About Santa Ana Brain Injury Claims

How Much Does Brain Injury Rehabilitation Cost?

Depending on the severity of the brain injury and the length of rehabilitation, treatment can cost anywhere between the six to seven figure range annually. Of course, the type of treatment will vary on a case-by-case basis and whether the injury in question is extreme or not, it is best to hire a traumatic brain injury lawyer in order to get the best treatment possible for the victim in order to increase their chances at a full or even partial recovery.

How Much Money Can You Get From a Brain Injury?

The amount of money one can get from a brain injury will be dependent on the severity and extent of the injury. For example, should a brain injury victim sustain a severe injury that has left them with paralyzed and requires constant medical treatment, they can be compensated anywhere well within the high six figure to seven figure range. To get a more accurate estimation for your personal injury claim, it is recommended to consult with a Santa Ana brain injury attorney.

Can I Still Get Compensation if I Was Partially at Fault for My Injury?

If you were partially responsible for causing the accident that you have sustained your injury then according to California Civil Code 1431.2, a portion of your total awarded compensation will be subtracted to account of your partial responsibility. For example, if you were 20% responsible for causing the accident in question, then 20% of your total awarded compensation will be subtracted to give the at-party some financial leeway and to hold you accountable for your actions.