Maison Law represents injury victims in Bakersfield. Any accident you find yourself in can leave you injured, but among the most severe injuries you face involve your head and brain.
These injuries are among the toughest to deal with, not just for you, but for your whole circle of friends and family. Our team of personal injury attorneys is here to assist you through this challenging time. To talk more about your options, contact us today for a free, no-obligation consultation.
When Do You Need a Lawyer?
Like any other injury claim, you don’t technically need a lawyer in a brain or head injury. At the same time, the nature of these injuries are such that it takes a different approach. Basically, brain and head injuries make everything tougher–including remembering important facts and details. Not only that, but it also makes moving forward challenging. So, while you don’t need a lawyer, having our team on your side can make things much easier for you and your family. Here’s what we can do:
- Investigating the accident
- Gathering evidence and information
- Working with injury experts to evaluate your damages
- Negotiating with insurance companies
- Representing you in court, if necessary
Most of all, we understand that the challenges you’re dealing with go beyond the legal system. At the same time, the legal process can be very important in your recovery. Our goal is to make this process as easy as possible for you.
What Are My Damages in a Brain or Head Injury Claim?
Again, a brain or head injury is among the most difficult injuries there are. It’s not complicated to see why: they involve an extremely vital part of the body, one that connects to virtually every other function you have. So, when this part of your body gets damaged, it’s going to mean a lot of problems. In legal terms, the impact of these types of injuries on your life or recovery moving forward is significant, as the medical, physical, emotional, and psychological changes you may experience are likely to be extensive.
It’s crucial to consider not only immediate medical expenses but also the long-term implications. In a claim, you may potentially recover things like:
- Medical expenses – These cover past, present, and future medical costs, including hospitalization, surgeries, therapies, and assistive devices.
- Lost wages – These are for any lost wages, benefits, and potential future income lost due to the injury.
- Property damage – These damages are for any repair or replacement costs for damaged personal property.
- Ongoing care – These cover expenses related to nursing care and home modifications.
- Pain and suffering – These damages address both physical pain and mental anguish resulting from the injuries.
- Emotional distress – In a similar vein, these damages address anxiety, depression, or other emotional challenges stemming from the injury.
- Loss of enjoyment of life – These damages are built around providing support for the inability to participate in activities enjoyed before the injury.
- Loss of companionship – These cover any strain on personal and family relationships caused by the injury.
These damages will differ from case to case, so yours may not match others’. Your recovery depends on the severity of your injuries and how effectively you present your case. In California, there’s a two-year statute of limitations to file your claim. Missing this deadline means you can’t recover damages.
Who Pays For Your Damages?
While your damages are an important part of the legal process, an arguably even more important aspect is who actually pays for them. Fortunately, this liability is no different in accidents that cause a brain or head injury–meaning it falls on the party that was negligent. In legal terms, negligence refers to:
- The duty of care someone has to take steps to keep you and others safe. When they are negligent, they breach that duty, which then leads to the accident that caused your injuries.
Not surprisingly, who is ultimately responsible is going to depend on the circumstances. This becomes really complicated when you consider that virtually any type of accident can lead to a brain or head injury. That said, most often, they happen in:
- Car accidents
- Slip and falls
- Workplace accidents
- Bicycle or motorcycle accidents
- Criminal assaults
- Medical errors
The circumstances of what caused the accident narrows down the possible liable parties, but it can still be shared among any of the following, depending on what happened:
- Drivers in car accidents
- Medical professionals for malpractice
- Manufacturers for product defects
- Government agencies for accidents on public property
- Employers for workplace injuries
- Owners or landlords for accidents on their property
- People who commit criminal acts
Coping with a brain or head injury is challenging, regardless of the cause. That’s why legal assistance is essential. Although it can’t reverse the injury, it can offer financial assistance and benefits to support your recovery. To make sure you have the best chance at that, though, you need to do what you can to strengthen your claim.
What You Should Do After an Accident
Obviously, because your damages are so important to your recovery, it’s vital to do what you can to strengthen your claim. Nevertheless, the severity of these injuries can present challenges–yet they still need to be taken:
- Seek medical help right away.
- Report the incident to any relevant parties like police, emergency services, employers and insurers.
- Document the accident with photos and details.
- Follow the doctor’s treatment advice.
- Keep records of all accident-related information.
It’s hard to overstate how important these steps are, but it’s made all the more challenging given the nature of a brain or head injury. Worse, even those injuries can vary. So, in order to be better prepared, it can help to look at some of the more frequent types of injuries you can experience.
What Are Some Common Brain and Head Injuries?
In Bakersfield (and anywhere else), head injuries are sadly common when an accident happens. While they can vary, here are some of the more common types of these injuries:
- Concussions – These are mild brain injuries from sudden hits to the head. They can cause things like temporary blackouts, confusion, and memory issues.
- Brain bruises – These are bruises on the brain from direct hits. They can cause bleeding, swelling, and damage to the brain tissue.
- Skull fractures – These are serious breaks in the skull bones.
- Diffuse Axonal Injuries (DAI) – This is when the brain’s nerve fibers get damaged from fast movements. It can lead to long-term thinking problems.
- Bleeding in the brain – This can happen in different areas and can be very serious.
- Penetrating injuries – These happen when objects go into the brain, causing big damage and often needing surgery.
Because these injuries are so serious, it’s really important to get help fast. Symptoms might not show up right away, but here’s what to keep an eye out for:
- Headaches, especially if they won’t go away.
- Passing out, even for a moment.
- Feeling sick and throwing up.
- Feeling dizzy or having trouble balancing.
- Feeling confused or having trouble concentrating.
- Acting differently than usual.
- Problems with your senses, like blurry vision or being sensitive to light.
- Cognitive issues, like remembering things.
- Problems sleeping or having seizures.
Your symptoms might change over time depending on your situation and how your body reacts. It’s important to keep track of any changes and stick to your treatment plan. And as always, we’ll be there to guide you if you decide to work with us.
Getting Legal Help After a Brain or Head Injury in Bakersfield
Dealing with any accident can be tough, especially if you’ve suffered a head or brain injury. These are some of the most difficult injuries to deal with, but our team at Maison Law is here to help you. With our experience and commitment, we can support you with your legal case and your recovery. To start the process, contact us today for a free consultation.