Maison Law represents injury victims in Fremont. Across the many different types of accidents you can find yourself in, the most serious injuries often involve trauma to your head and brain. When you suffer these injuries, you’re going to need guidance and support. Our Fremont personal injury lawyers can provide you and your family with this support. Contact us today to set up a free, no-obligation consultation.
Do You Need a Lawyer?
Unlike other accident situations, head and brain injuries are a bit different–and need to be approached differently. At the same time, whether or not you need a lawyer depends on your needs. There’s a slight chance that your accident and injuries will be relatively minor, at which point you probably don’t need legal help.
However, the vast majority of victims in these situations need specialized attention, given the mental and emotional complexities that can hinder the recollection of events and crucial details for their claims. As such, our team will be there to help by:
- Identifying the responsible party for your brain injury.
- Assisting you in gathering and reviewing your medical records.
- Working with our accident reconstruction team to piece together what happened.
- Directing you to specialists for the medical care you need. We’ll also lean on them for testimony.
- Collaborating with experts to assess the extent of your brain injury.
- Participating in negotiations with insurance providers and other relevant parties.
- Managing the day-to-day tasks and obligations associated with your brain injury claim.
- Making things easier for you.
It’s natural for most brain injury victims to feel uncertain about where to seek assistance. Brain injuries often demand not only extensive medical attention but also considerable legal support. Above all, they require patience and understanding. At Maison Law, we’re proud to give all of these services to our clients.
What Are Your Legal Options?
Legally speaking, your options don’t really change when there’s an accident that leaves you or a loved one with a brain or head injury. You’ll still have the option to file an injury claim against the responsible party, either through an insurance claim or personal injury lawsuit.
It’s also the same in terms of figuring out who is responsible. Liability for these types of injuries still rests on negligence, which involves:
- A breach of the duty (responsibility) to act in a way that keeps you safe and free from injuries.
This ultimately comes down to the type of accident and the circumstances around it, but those who could be liable include:
- Employers for workplace injuries
- Property owners or landlords for accidents on their property
- Drivers in car accidents
- Medical personnel for malpractice
- Product manufacturers for defects
- Government agencies for accidents involving public property
- Third parties whose negligence contributes to the injury
Damages
Your damages with these types of injuries are going to be very important to your quality of life or recovery moving forward, due to the fact that the medical, physical, emotional, and even psychological changes you’ll face are likely to be extensive. Beyond immediate medical expenses, it’s essential to consider long-term implications. In a claim, you can potentially recover:
- Medical bills and expenses, covering past, present, and future medical costs, including hospitalization, surgeries, therapies, and assistive devices.
- Lost earnings, covering any lost wages, benefits, and potential future income due to the injury.
- Property damage, which is meant to provide repair or replacement costs for damaged personal property.
- Ongoing care expenses, such as nursing care and home modifications.
- Out-of-pocket expenses, which cover transportation, medications, and medical equipment directly related to the injury.
- Pain and suffering, addressing physical pain and mental anguish from the injuries.
- Loss of enjoyment of life, which provides support for the inability to participate in activities enjoyed before the injury.
- Loss of companionship, which supports strain on relationships with family members or spouses.
- Emotional distress, addressing anxiety, depression, or other emotional challenges stemming from the injury.
By understanding your rights and seeking appropriate damages, you can better cope with the challenges posed by a head and brain injury. But it’s also important to respond effectively so that you can protect your health and options. Also, you have to file your claim within the two-year statute of limitations in California.
What Do You Need to Do After the Accident?
Facing any accident brings its share of challenges, and nearly all of them bring uncertainty. But again, a head or brain injury is like any other injury situation in what you need to do in the aftermath. However, the severity of these injuries can make some of these steps difficult–but still necessary:
- Get medical help right away.
- Take pictures and gather details about the accident.
- Follow the doctor’s instructions for treatment.
- Notify relevant parties like employers and insurance companies.
- Keep records of everything related to the accident and injury.
- Focus on recovery and getting better.
It’s not surprising that these accidents and injuries are difficult. Our team can help you with some of these steps, but it’s important to reach out to others for help in this situation, including friends and family.
What Can Cause Brain and Head Injuries?
Because of the brain and skull’s fragile nature, any sudden impact can lead to a brain injury. Here are common scenarios where these injuries occur:
- Car accidents – High-speed collisions often cause head and brain injuries as the head hits surfaces like the steering wheel, dashboard, or windows, resulting in traumatic brain injury (TBI). Whiplash motion from sudden acceleration-deceleration can also lead to these injuries.
- Workplace accidents – Accidents at work, especially in construction or industrial settings, can cause severe head trauma due to falling objects or equipment malfunctions. Slips, trips, and falls in the workplace can also result in head injuries if the head impacts a hard surface.
- Falls – Falling from heights or slipping on slippery surfaces is a common cause of head injuries, particularly among older adults and young children.
- Medical errors – During surgeries or medical procedures, errors can sometimes cause head and brain injuries. Examples include surgical mistakes resulting in brain damage, improper anesthesia administration causing brain hypoxia, or medication errors leading to adverse neurological effects.
- Criminal acts – Victims of assault or domestic violence often sustain head and brain injuries from blows like punches, kicks, or blunt force trauma.
- Collisions – Collisions in sports or recreational activities can cause head and brain injuries. Whether during a sports game or recreational pursuits like cycling or skiing, the impact can result in varying degrees of head trauma depending on the force and nature of the collision.
Common Brain and Head Injuries
The unfortunate reality is that virtually any accident can lead to brain and head injuries, which can then vary in terms of severity. Along the same lines, any brain injury can devolve or turn into a more traumatic brain injury (TBI). Usually though, common brain and head injuries include:
- Concussions
- Skull fractures
- Diffuse Axonal Injuries (DAI)
- Traumatic Brain Injuries (TBI)
- Brain bleeds (hematomas)
- Contusions or bruises
- Swelling of the brain (edemas)
While your symptoms are going to depend on your situation and how your body responds, they can also improve or worsen over time. It’s important to stay on top of any changes and keep up with treatment. And remember, we’ll be there to support you through the entire process.
Experienced and Dedicated Legal Support After a Fremont Brain or Head Injury
Coping with any accident can be difficult, but even more so when you suffer a head or brain injury. These are some of the most challenging injuries you’ll face, but our team at Maison Law will be there to help. With our experience and dedication, we can support your legal claim and your recovery. To get the process started, contact us today for a free consultation.