Maison Law represents brain and head injury victims in Livermore. If you or a loved one has suffered a traumatic brain injury(TBI), our personal injury attorneys can get you the compensation you need. Whether your accident occurred at work, in a car accident, a slip-and-fall, or due to a hazardous condition, our firm has years of litigation experience to help you win your claim. Contact Maison Law today for a free consultation and case evaluation.
Do I Need a Lawyer for a Traumatic Brain Injury (TBI) in Livermore?
TBIs are exceptionally dangerous injuries because most accident victims are unaware they’ve injured their neurological system until they begin showing symptoms years after the accident. TBIs often require extensive medical treatment that can last for the entirety of a person’s life. For those reasons, it is advisable to speak to an attorney about your accident.
After a TBI, an attorney can provide you with numerous benefits. Personal injury attorneys can navigate complex legal processes and negotiate with insurance companies to maximize your settlement. Most brain and head injury victims are not aware of their legal rights after an accident, and some may not even realize contacting an attorney is an available option. This only stands to benefit the insurance companies, leaving victims with a mountain of medical bills and permanent damage done to their lives.
A Traumatic Brain Injury Lawyer can help you with you by:
- Connecting you to trusted doctors for continued treatment
- Filing a lawsuit to get you compensation for your:
- Medical expenses
- Lost wages
- Pain and suffering
- Assigning liability to all additional parties responsible
- Communicating with insurance adjusters on your behalf
- Building your case by gathering concrete evidence to confirm your claim
- Representing you in court if your case goes to trial
Proving Your Brain and Head Injury Claim in Livermore
Whether you’re driving west on I-580 or walking through Nob Hills Foods, everyone owes the people around them, or the people entering their property a “duty of care”. Duty of care isn’t just a suggestion, it is a law everyone must follow. According to Civil Code 1714, people are responsible for their actions and preventing their property from harming others. The statute states:
“Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself. The design, distribution, or marketing of firearms and ammunition is not exempt from the duty to use ordinary care and skill that is required by this section. The extent of liability in these cases is defined by the Title on Compensatory Relief.”
To establish the actions of another caused your traumatic brain injury, you would need to prove the following:
- Duty of care: people and property owners have a duty to prevent any hazardous incidents that could injure someone
- Breach: another person or property owner failed to uphold their duty of care toward you
- Cause: another person or property owner’s carelessness was a direct cause of the accident
- Damages: You suffered verifiable damages and incurred heavy losses due to the traumatic brain injury sustained from the accident
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 rear-ended at a relatively low speed after leaving the parking lot of The Bankhead Theater after a concert. You hit your head pretty hard against the steering wheel. 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 Compensation Can I Receive for a Brain and Head Injury Settlement in Livermore?
An experienced personal injury attorney will help you receive a settlement to cover all damages related to your brain and head injury. The amount of compensation you can receive will be dependent on the insurance policy of the liable party, as well as the severity of the damages done to your life due to the nature of your accident. One of the damages you can recover is economic damages. These damages refer to things that can be calculated to an exact amount. Economic damages generally include the following:
- Present and future medical expenses
- Loss of income, as well as the reduction in your earning capacity you’ve suffered from your car accident
- Cost of living with your injury, such as making your home disability accessible, purchasing a wheelchair or crutches, hiring a nurse or housekeeper
- Damage done to your property during the accident
A second form of damages you can recover from your accident is non-economic damages. Non-economic damages are intangible losses that are not monetary. Non-economic damages include:
- Pain and suffering caused by your injuries
- Stress and anxiety due to the nature of your accident
- Your mental state after a life-changing accident
- Loss of ability to enjoy life
- Loss of companionship or consortium
- Scarring, disfigurement, and permanent physical disability
A third form of damages includes punitive damages, however, these are rarely rewarded in a personal injury case. For punitive damages to be rewarded, your injuries must be a result of another person’s intentional actions to do harm, or from extreme recklessness. An example of this in the context of a car accident would be drunk driving or road rage.
Contact a Brain and Head Injury Lawyer in Livermore
If you or a loved one has suffered a traumatic brain injury in Livermore, our team of attorneys at Maison Law will help you get medical treatment for your injuries, as well as compensation for your damages. Our firm stands up for the injured victims in Livermore whose lives have been upended by an unfortunate injury. Get your life back with the legal support of a personal injury law firm that cares. Contact Maison Law today for a free, no-risk case consultation. No upfront money is necessary for our services and we don’t get paid unless we win your case.
