Maison Law represents injury victims in Madera. Every injury brings its share of challenges, but none are more serious than injuries involving your brain and head. These injuries change virtually everything about your life, but you still have legal options. To learn more about these options, contact us today to set up a free, no-obligation consultation.
Why Would You Need a Lawyer?
Unfortunately, brain and head injuries require a unique approach compared to other accidents. While minor incidents may not require our lawyers, most cases involve issues with recalling events, remembering important details, and an overall need for special attention.
Our team offers support by identifying responsible parties, gathering medical records, reconstructing accidents, arranging medical care, assessing injuries, negotiating with insurers, managing tasks, and providing overall assistance. Most brain and head injury victims often feel uncertain and require extensive medical and legal support. Our team at Maison Law offers patience and understanding, all with no upfront cost to you and your family.
How Should You Respond With These Injuries?
What to do after an accident, especially one involving head or brain injuries, can be daunting. However, the initial steps to take remain similar to any other injury situation, despite the added challenges posed by the severity of these injuries:
- Medical care – First and foremost, get medical attention. Ideally, this will be done at the scene of the accident with EMTs to stabilize you. From there, make sure to get further care with a doctor or urgent care.
- Report the accident – Call the police to report the accident. In most cases, you have to do this by law, but it’s a good idea because it will allow the police to report to the scene, clear the accident, and create a report with important information.
- Gather evidence – If you’re able, try to gather evidence at the scene. Take pictures, videos and gather relevant details about the accident to provide an account of what happened.
- Follow your treatment plan – Follow the treatment plan prescribed by your doctor and other specialists to aid your recovery.
- Maintain thorough records – Keep detailed records of all aspects related to the accident and injury, including medical bills, treatment plans, and correspondence with insurers.
Brain and Head Injuries
What makes these types of injuries so difficult is that they can happen in virtually any type of accident, whether it be a car crash or slip and fall. This, obviously, opens up various scenarios where you could be facing these difficult injuries. Worse yet, head and brain injuries rarely stay static, meaning that even small head injuries can eventually progress to more severe brain injuries. Most often, though, you’re looking at facing:
- Concussions
- Skull fractures
- Diffuse Axonal Injuries (DAI)
- Traumatic Brain Injuries (TBI)
- Brain bleeds (hematomas)
- Contusions or bruises
- Swelling of the brain (edemas)
It’s crucial to stay vigilant about any changes in symptoms and follow treatment plans. Our team will be here to help you every step of the way.
Liability and Damages in Brain and Head Injuries
Legally speaking, the severity of brain and head injuries don’t change the legal process. You, as an injury victim, have the legal right to file an injury claim. In terms of liability, it’s also no different: it hinges on negligence. In a typical accident, this refers to the party that:
- Breached their duty of care to keep you safe and not cause the accident that injured you.
This gets a little easier depending on the circumstances, like where and when the accident happens. Most of the time, though, the following parties will share liability in a typical accident that leaves you with a brain or head injury:
- Drivers
- Property owners, managers, or landlords
- Employers
- Product or part manufacturers
- Government agencies
- Individuals that commit criminal acts
- Third party contractors
Damages
In terms of damages, looking at a brain or head injury is different from that in a typical accident. Basically, If you’ve suffered these injuries, the damage–physical, emotional, and psychological–will likely be significant. Besides immediate medical costs, you’ll need to think about the long-term effects. This makes what you’re able to get in a claim very important. So, in a typical injury claim, you can recover:
- Medical expenses – These cover past, present, and future medical bills, including hospital stays, surgeries, therapies, and needed devices.
- Lost wages – This covers any wages or income you’ve lost, including benefits and potential future earnings due to the injury.
- Emotional distress – These damages cover the anxiety, depression, or other emotional challenges resulting from the injury.
- Property damage – These damages are for any repair or replacement costs for damaged personal property.
- Ongoing care – These damages are related to any expenses for nursing care and home modifications.
- Pain and suffering – An important category of damages with these injuries relate to the physical pain and mental anguish you experience.
- Loss of quality of life – These damages are for financial support for the inability to participate in activities enjoyed prior to the injury.
- Loss of companionship – This covers any strain on relationships with family or spouses, which can be significant with a brain or head injury.
Obviously, these damages are going to vary from case to case, meaning that your damages won’t necessarily be the same as others. At the same time, what you’re able to recover depends on the extent of your injuries and how well you present your case. Also, as with any injury claim in California, there’s a two-year deadline (statute of limitations) by which you need to actually file your claim. Miss the deadline, and you won’t be able to recover damages.
How Do Brain and Head Injuries Happen?
Again, a brain or head injury can happen in any type of accident. That said, there are a few types of accidents where these injuries are more common. Most of the time, they happen in:
- Vehicle accidents, especially head-on crashes
- Bicycle or motorcycle accidents
- Accidents at work, especially in construction or heavy-labor industries
- Medical mistakes or errors (malpractice)
- Criminal acts, like assaults or battery
- Slip and falls
Regardless of the cause, facing a brain or head injury isn’t easy. That’s why the legal process becomes so vital. It can’t take back what happened, but it can give you access to financial support and benefits that will at least push your recovery in the right direction. Working with our team gives you an even better chance at recovering from these injuries.
Contact Maison Law After a Madera Brain or Head Injury
There’s no denying that a brain or head injury is difficult. Not only are there physical injuries, but changes in your emotional and psychological makeup. The strain that these injuries can put on you and your family are enormous, but you don’t have to face the situation alone. At Maison Law, our experienced Madera brain and head injury lawyers understand the challenges that come from these accidents and can give you the support and guidance you need. To learn more about what you can do, contact us today for a free consultation.
