At Maison Law, we stand by injury victims in Modesto. We understand that every injury presents unique challenges, but none are as impactful as those affecting the brain and head. These injuries can upend every aspect of your life, but rest assured, you have legal options to explore. Contact our Modesto personal injury lawyers today to set up a free consultation to talk about your case.
Should You Hire Our Lawyers?
Simply put, you don’t need a lawyer to represent you in an injury claim, since there’s no legal requirement that says so. But, particularly with a brain or head injury, having our team represent you can make a huge difference. The reason for this is that these types of injuries are extremely challenging in terms of your ability to remember what happened, even crucial details. Worse yet, these types of injuries frequently worsen over time, making it more difficult to go through the legal process the longer you wait.
By working with our lawyers and team, we can make the process easier and simpler for you and your family through:
- Collecting medical records
- Reconstructing accident scenes
- Consulting with experts
- Evaluating injuries
- Negotiating with insurance companies
- Handling administrative tasks
- Offering comprehensive assistance
Our overall goal is to help you through these challenges with patience. The very things that make a strong case are sometimes made difficult by the nature of brain and head injuries, but our team will support you through the entire process.
What Causes Brain and Head Injuries?
Despite their nature, a brain or head injury can happen in virtually any accident. With that said, there are certain kinds of accidents that are more likely to lead to them. Throughout Modesto, you can expect these injuries in:
- Car accidents – These injuries can happen in any kind of car accident, but are especially pronounced in head-on collisions where the impact forces are concentrated on the head and brain.
- Bicycle or motorcycle accidents – Not surprisingly, they also happen in instances where riders either don’t wear a helmet or suffer direct impact to the head after being struck or hitting the ground.
- Slip and falls – These injuries can happen due to sudden impacts with hard surfaces or objects after falling.
- Workplace accidents – You can also experience these injuries at work, and they’re especially prevalent in industries with heavy labor, where the risk of head injuries from falls, equipment mishaps, or other incidents is increased.
- Medical malpractice – Errors or mistakes during medical procedures or treatments can result in head or brain injuries.
- Criminal acts – Assaults or battery cases where deliberate harm is inflicted on you can result in injuries to your head or brain.
Liability
Regardless of the cause, coping with a brain or head injury presents significant challenges.From a legal perspective though, the severity of brain and head injuries does not change the standard process. As an injury victim, you have the right to pursue an injury claim, with liability being determined by negligence. In these scenarios, negligence means the responsible party:
- Failed in their duty of care to ensure your safety and prevent the accident that caused your injury.
This can be more complicated depending on where and when the accident happens. However, in most cases, these parties may be responsible for brain or head injuries:
- Drivers
- Property owners, managers, or landlords
- Employers
- Manufacturers of products or parts
- Government agencies
- Individuals committing criminal acts
- Third-party contractors
Dealing with a brain or head injury is tough, no matter how it happens. That’s why legal help is crucial. While it can’t undo the injury, it can provide financial support and benefits to aid your recovery. Working with our team improves your chances of recovery.
Damages in a Brain or Head Injury Claim
More so than perhaps any other type of injury, your damages are extremely important with brain or head injuries. Not only do you have to deal with the short-term health challenges present, but the long-term implications that come out of these injuries. Most of the time, you’re looking at lifelong damage. Still, you can file either an insurance claim or personal injury lawsuit to recover certain damages, like:
- Medical expenses – These damages relate to all past, current, and future medical bills, including hospital stays, surgeries, therapies, and necessary devices.
- Lost wages – These cover any income you’ve lost, including benefits and potential future earnings due to the injury.
- Emotional distress – These damages relate to the anxiety, depression, or other emotional challenges resulting from the injury.
- Property damage – These damages Cover repair or replacement costs for damaged personal property.
- Ongoing care expenses – These are related to expenses for nursing care and home modifications you’ll need.
- Pain and suffering – These take into account any physical pain and mental anguish.
- Loss of quality of life – These provide financial support for the inability to enjoy activities you did before the injury.
- Loss of companionship – These cover strain on relationships with family or spouses, which can be significant with a brain or head injury.
- Wrongful death expenses – These cover funeral and burial expenses if the injuries turn out to be fatal.
Strengthening a Claim
Because your damages are so extensive with these types of injuries, actually calculating and showing the extent of them can seem daunting, and maybe even insufficient right after the accident. With that said, it’s your job to show the extent of your damages and do whatever you can to strengthen your claim. Here’s how:
- Get medical care – Your top priority should be getting medical help. If possible, receive care at the accident site from EMTs to stabilize your condition. Afterwards, make sure you seek further treatment from a doctor or urgent care.
- Report the accident – Contact the police to report the accident. Not only is this often required by law, but it’s also beneficial as it allows the authorities to attend the scene, clear the accident, and create a report containing vital information.
- Gather evidence – If feasible, gather evidence at the scene. Take photos, videos, and note relevant details about the accident to provide an accurate account of what happened.
- Keep up with treatment – Follow the treatment plan outlined by your doctor and other specialists to aid in your recovery.
- Track your damages – Keep thorough records of all aspects related to the accident and your injury, including medical bills, treatment plans, and correspondence with insurance companies.
These steps are important regardless of the type of head or brain injury you have. Still, the nature of brain and head injuries make taking these steps a challenge. Our team can help you in this regard, and can help you put together the key details.
Get Help from Maison Law After a Brain or Head Injury in Modesto
A brain or head injury is never easy to deal with, impacting not just you, but your friends and family. Maison Law’s knowledgeable brain and head injury lawyers in Modesto understand the difficulties these injuries bring and can provide the assistance and direction you need. To learn more about your legal options, contact us today for a free consultation.
