Maison Law represents traumatic brain injury victims in California. A TBI is a rather broad injury, leading to various types of related complications you have to deal with. One of the most common is edema, or swelling of the brain. If you or someone you care about is experiencing this in relation to an accident, contact us today for a free consultation to talk about legal options.
Do You Need a Lawyer After a Brain Edema Injury?
Before we get into the specifics of a brain edema injury, you might be wondering if you need a lawyer if you want to pursue your legal options. Like any other injury, you don’t need a lawyer to file a claim after a brain edema. However, handling edema injuries requires a unique approach. These injuries make everything more difficult, including remembering important details and moving forward. While hiring a lawyer isn’t required, having our team can greatly ease the process for you and your family. Here’s how we can help:
- Explain your rights and options
- Investigate the accident
- Help you gather and compile medical records and reports
- Deal with insurance companies or represent you in court
We know the challenges go beyond just legal issues. Our goal is to simplify the legal process to support your recovery.
Who’s Liable For Your Brain Edema Injuries in California?
While getting damages through the legal process after a brain edema injury is crucial, it’s equally important to figure out who has to pay for these damages–or who’s liable. Like any other injury, liability rests on establishing “negligence.” Negligence is defined as:
- Failing to take reasonable steps to ensure safety, leading to an accident and your injuries.
Responsibility can vary based on the accident’s specifics, which is especially complex since many types of accidents can result in brain or head injuries. Common scenarios include:
- Car accidents
- Slip and falls
- Workplace accidents
- Bicycle or motorcycle crashes
- Criminal assaults
- Medical errors
Identifying the liable party depends on the accident’s cause and can involve:
- Drivers in car accidents
- Doctors, nurses, and surgeons for medical malpractice
- Manufacturers of defective products
- Local government agencies for accidents on public property
- Employers for workplace accidents
- Property owners or landlords for accidents on their property
- People that commit criminal acts
Dealing with brain edema is difficult, no matter what caused it. Legal help can’t cure the condition, but it can provide financial support for your recovery.
What Are Your Damages in a Brain Edema Injury Claim?
A brain edema is a serious injury affecting a critical part of your body, leading to significant challenges. The impact on your life can be extensive, with changes that may be medical, physical, emotional, and psychological.
This is the main thrust of the recoverable damages in a claim. Whether you decide to file an insurance claim out of court or a personal injury lawsuit inside the civil court system in California, you can potentially recover:
- Medical expenses and ongoing care needs, like therapy and assistive devices
- Lost wages or earning potential
- Repair/replacement costs for any damaged property
- Pain and suffering
- Emotional distress
- Loss of companionship or quality of life
- Wrongful death expenses
- Punitive damages, in cases of intentional negligence (like criminal acts)
Your specific damages will depend on the severity of your brain edema and the details of your case. In California, you have two years from the date of the injury to file your claim. Missing this deadline means you may not be able to recover damages. Even with these options, it’s ultimately up to you to show the extent of your damages.
How Can You Strengthen a Brain Edema Injury Claim?
Another difficult part of dealing with brain edema after an accident is that it doesn’t show up right away–at least that you can tell. As it progresses, its impacts become overwhelming. But if you want to recover damages, the initial steps you take after the accident are vital for your claim. Here’s what you can do to strengthen it:
- Call 911 for an ambulance – Call 911 for an ambulance so you can get immediate medical attention from EMTs at the accident scene. Follow up with a doctor or urgent care for more extensive treatment and care.
- Report the accident to someone in charge – Call the police, your employer, or tell the management of the store or property owner to file a report about the accident. This is often required by law and helps document the accident and gather important information.
- Gather evidence and information – If possible, collect evidence at the scene. Take photos, videos, and note details to support your account of the incident.
- Stay on top of your treatment – Follow the treatment plan put in place by your doctor and specialists to support your recovery from brain edema.
- Maintain thorough records – Keep detailed records of all related aspects, including medical bills, treatment plans, and communications with insurers.
Obviously, taking these steps in an accident that causes you a brain edema injury is going to be extremely difficult–if you’re able to at all. Your main focus needs to be on your health, but you still need this information and evidence to form the foundation of your claim. That’s why taking these steps is so important. If you can’t do it yourself, you can lean on our team and other trusted people in your life for help.
What Symptoms Come From Brain Edema Injuries?
When you experience a brain edema, it has a huge impact on your life. Regardless of the type of accident, these are among the most serious types of brain injuries that come up. According to Cleveland Clinic, a brain edema involves:
- Swelling of the brain caused by fluid buildup in the tissue
This, obviously, creates symptoms and complications that you’ll have to deal with like:
- Severe headaches
- Nausea and vomiting
- Dizziness and confusion
- Blurred or double vision
- Difficulty speaking
- Weakness or numbness
- Seizures
- Altered consciousness
Brain swelling can lead to several serious complications. It can increase pressure inside the skull, causing problems with thinking and memory. You might also experience issues with movement and coordination. Emotional and behavioral changes, like mood swings or irritability, can occur. In some cases, swelling can cause long-term brain damage or even lead to a coma. All of this means the legal process can be very important to your overall recovery, because it will give you the financial support you need to properly care for your injuries.
Free Consultations Brain Edema Injury Victims in California
Experiencing a brain edema injury in California can deeply impact you and your family. At Maison Law, we’re committed to supporting you and other injury victims throughout the state. We’ll make sure you have everything needed to build a strong claim and protect your legal rights. Contact us today for a free consultation to get started.