Maison Law represents brain and head injury victims in Los Angeles. If you or a loved one has sustained a traumatic brain injury (TBI), you may face overwhelming expenses such as rehabilitation, medical care, Medicare, and psychotherapy. However, there are legal options to get you the relief you need. At Maison Law, we understand the seriousness of traumatic brain injuries and how essential it is to recover the maximum amount of damages for injured victims.
Contact Maison Law today for a free consultation and case evaluation to learn about your legal options.
Do I Need a Lawyer for a Brain and Head Injury in Los Angeles?
After a traumatic brain injury, an insurance firm will most likely try to settle by offering compensation worth far less than the damages you’ve sustained from your injury. This is a common tactic because most injured victims do not realize that the insurance company is looking to minimize their damages and offer them the lowest settlement possible.
A personal injury attorney can inform you as to what a fair settlement should be based on the details of your case. For that reason, it is recommended to speak with a reputable attorney before accepting any settlement offer the insurance company makes. The attorneys at Maison Law will seek maximum compensation from the insurance company by filing a personal injury lawsuit on your behalf. This lawsuit will include compensation for:
- Present and future medical expenses
- Loss of income, as well as the reduction in your earning capacity you’ve suffered from your TBI
- 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
- Pain and suffering caused by your injuries
- Stress and anxiety due to the nature of your accident
What is the Average Payout for a Brain and Head Injury in Los Angeles?
While there is no typical settlement amount for brain and head injury claims, there are three settlement amounts TBI accident victims can expect from their claim based on the details of their injury. These settlements include:
- Low settlement: low settlements usually consist of minor accidents with little to no injuries. Medical bills and property damage costs are usually low in minor accidents, so the settlement amount will reflect the cost of damages.
- Moderate settlements: moderate settlements apply to accidents with moderate injuries such as whiplash, fractures, and bruises. These injuries will require some medical treatment, as well as some missed work. The recovery period can be somewhat long, but victims typically make a full recovery.
- High settlements: high settlements involve severe injuries, resulting in long-term medical treatment, permanent disability, or fatalities. These cases usually receive substantial compensation due to the extent of medical expenses, lost wages, pain and suffering, as well as the extent of negligence which caused the accident.
Types of Traumatic Brain Injuries (TBIs)
A TBI is an injury to the brain that impacts its functionality due to increased swelling and expansion of the brain within the skull. TBIs are most often caused by a hit, an unexpected blow, or a forceful bump that jolts a person’s head, causing the brain to rattle. More severe TBIs involve an object piercing a person’s skull and harming the brain. However, those are less common and the majority of TBIs occur without the skull being penetrated.
TBIs come in all shapes and sizes, depending on the severity of the accident. The types and grades of TBIs include:
- Mild TBI/Concussion: concussions are the most common type of TBI, making ¾ of all TBIs in the United States according to Virginian Rehabilitation and Wellness. These typically result from a brief loss of consciousness, which causes a person to feel confused for about a day at the most.
- Moderate TBI: loss of consciousness for more than 30 minutes, resulting in confusion for the victim for up to one week.
- Severe TBI: loss of consciousness for over 1 day with observable changes to the brain through a CT scan or MRI.
How Does the Discovery Rule Apply to Brain and Head Injuries in Los Angeles?
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 while driving through the parking lot of the Griffith Observatory. 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.
When is a Demand Letter Sent During a Brain and Head Injury Lawsuit in Los Angeles?
A demand letter is most often sent after you’ve completed your treatment for your injuries. This is so the liable party that you are suing can get a full picture of your injuries and the impact they’ve had on your life, ultimately painting a picture of what a fair settlement will look like based on your damages. A demand letter typically includes the following:
- Outline of the accident and injuries
- Requests a dollar amount for damages
- Medical expenses
- Lost wages
- Pain and suffering
- A deadline for when the offer expires
- Warns of legal action that will be taken if the matter cannot be settled
Sending a demand letter kicks off the negotiation process because it asks for a specific amount of money for the injuries you’ve suffered. By law, the insurance company must respond and negotiate in good faith to settle the claim. So, it may take a month or two to arrive at a settlement amount once the demand letter has been sent.
It is important to note that a settlement demand letter can only request an amount of compensation within the liable party’s insurance policy limits. For example, if the party you are suing has an insurance policy that covers up to $500,000, then you could not demand more than $500,000. However, if the settlement demand letter expires and your lawsuit goes to trial, then the insurance policy cap is removed and a judge or jury can settle the case for any amount they deem fair.
Contact a Brain and Head Injury Lawyer in Los Angeles
If you or a loved one has suffered a traumatic brain and head injury in Los Angeles, then it is recommended to put the power of an experienced personal injury attorney at Maison Law on your side. Head injuries are very serious conditions and we understand the importance of victims need to recover the full extent of their damages. For legal representation in Los Angeles, contact Maison Law today for a free, no-risk consultation and case evaluation. There are no upfront fees and you don’t pay a cent until we’ve won your case.
