Maison Law represents brain and head injury victims in Dinuba. If you or a loved one has sustained a traumatic brain injury (TBI) in Dinuba, you may face overwhelming expenses such as rehabilitation, medical care, Medicare, and psychotherapy. However, there are legal options available to hold the liable party accountable for compensating you for all your damages.
Contact Maison Law today for a free consultation and case evaluation to see what legal options are available to you.
Do I Need a Lawyer for a Brain and Head Injury in Dinuba?
If you’ve suffered a traumatic brain injury, it is not only important to seek medical treatment but also to speak with a personal injury lawyer about your legal options. Brain and head injuries carry heavy, medical costs that insurance companies will be looking to minimize or outright deny. An experienced attorney will hold them liable and keep them from passing the blame back to you. Other benefits of partnering with an attorney after a traumatic brain injury include:
- Filing a lawsuit against all at-fault parties
- Gathering evidence through investigators, interrogatories, discovery requests, and depositions
- Protecting you and your family’s rights to fair compensation, even if you were partially at fault for your injury
- Negotiating a fair settlement
- Representing you at trial if a settlement cannot be reached
What Factors Influence a Brain and Head Injury Settlement in Dinuba?
Personal injury lawsuits tend to be settled out of court. How much they settle for, however, can be dependent on the following factors:
- The age and earning potential of the victim: the lost income is reached by combining the victim’s life expectancy and their earning potential had it not been for the fatal accident.
- Whether or not the victim was partially responsible: California is a “shared fault” state and the victim can be assigned blame for their death, reducing the amount of compensation.
- Insurance policy limits of the at-fault party: drivers are required to have insurance and most do. However, most car insurance policies have caps. So, if the cap is met, then you’ll have to resort to other alternatives for compensation.
Brain and Head Injury Litigation in Dinuba
In traumatic brain injury litigation, the issue typically centers around the specific nature, extent, and duration of the victim’s injuries. Liability in a severe TBI can become complicated to dispute, but the overall value of your injury will be determined by how your damages are litigated. It is important to work with an experienced Traumatic Brain Injury Lawyer to get fair compensation for the medical, emotional, and financial costs of your injury.
Traumatic brain injuries can be difficult and complex cases to manage, but the personal injury attorneys at Maison Law are experienced TBI lawyers who understand how to reach a successful settlement for TBI victims in Dinuba. From securing expert witnesses to deposing liable parties, Maison Law is prepared to win your case and get you the compensation you need.
What is the Discovery Rule?
The discovery rule delays the statute of limitations if you could not have reasonably known about your injuries right away. It is not unusual for a TBI to remain symptomless for months or even years after the incident occurred. For example, let’s say you get side-swiped at a relatively low speed while driving through the parking lot of Platinum Theaters. You hit your head pretty hard against the driver-side window. Your head hurts, but there’s no visible damage.
You and the other driver check your vehicle and note that no damage is done. So, you both continue on your way. Years later, however, you begin to have neurological issues that your doctor says must be from a time when you suffered some sort of blunt trauma to your head. In this situation, the “discovery rule” applies as the two-year clock does not start running until the day your injury was discovered. Thus, giving you the legal right to file a claim against the other driver’s insurance.
The discovery rule could also apply to car accidents in the following scenarios:
- A defective car part contributed to the accident, but you had no way of knowing about it within the statute of limitations
- Your initial medical evaluation did not reveal anything, but later your injury developed and required treatment
- You were unknowingly exposed to chemicals during the accident and suffered health problems as a result
It is important to note that even if you’re involved in a low-speed accident, it is recommended to file the claim with your insurance and get checked out by a doctor. It will only hurt your case to delay medical treatment if you decide to take legal action.
What are the Long-Term Effects of Brain and Head Injuries?
No brain and head injuries are the same. Every person will respond differently after suffering a traumatic brain injury with some people showing symptoms right away, while others will have symptoms that gradually become apparent over time. TBIs are unique injuries in the sense that they can take years to become evident to the injured victim, usually resulting in long-term or even permanent brain damage if left untreated. Long-term effects on the brain from a brain and head injury include:
- Physical impairments: difficulty eating, breathing, and exercising
- Cognitive disabilities: affects a person’s ability to think, organize, and act independently
- Impacted basic functions: issues with hearing, reading, writing, speaking, and trouble with numbers can lead to long-term communication issues
- Emotional trauma: emotional stress and anxiety due to the nature of how the injury occurred
- Impacted movement: if the brain’s movement portion is injured, muscles may become stiff or spastic, interfering with a victim’s ability to speak, eat, move, or breathe correctly
Contact a Brain and Head Injury Lawyer in Dinuba
If you or a loved one has suffered a traumatic brain injury in Dinuba, the personal injury attorneys at Maison Law will seek the maximum amount of compensation for your damages. Due to the complexities surrounding the statute of limitation for a traumatic head injury, we recommend you speak to one of our attorneys as soon as possible, so you do not unintentionally forfeit your right to compensation. Contact Maison Law today for a free consultation and case evaluation. We don’t charge our clients upfront and you will not pay a cent until we’ve won your case.
