Maison Law helps traumatic brain injury victims in California. Our team of experienced California personal injury lawyers knows how tough accidents and injuries can be, especially when they involve concussions. These injuries can create serious challenges, affecting not just you but also your friends and family. Contact us for a free consultation to explore your legal options.
Why Do You Need a Lawyer After a Concussion Injury in California?
Unlike most other injuries, concussions can make the legal process tricky. You don’t have to hire a lawyer, but these injuries require special handling. Issues like memory loss and worsening symptoms can complicate building a case. Although not required by California law, our legal team’s support can greatly impact your case.
We will thoroughly investigate the accident, gather important evidence, and consult with experts to assess your injuries. We will handle negotiations with insurance companies on your behalf and, if necessary, represent you in court.
If you’ve had a concussion, focusing on your health is crucial. At the same time, managing the legal side is important for your recovery. Our goal is to simplify this process and provide the support you need.
What Legal Options Do You Have After a Concussion?
When you experience a concussion in an accident, it gives you the same legal options as you would with any other type of injury. This means you can file an injury claim to recover “damages” from whoever is responsible. Before we get into that, we can talk about your options, which include:
- Filing an insurance claim out of court
- Filing a personal injury lawsuit
Similar to other head injuries, a concussion brings significant physical and financial challenges, including medical bills and lost wages. Serious concussions often have long-lasting effects, making financial support crucial. Once your claim is filed, though, you can potentially recover:
- Medical expenses – These cover all costs for medical care related to your concussion, including hospital stays, surgeries, ongoing therapies, and necessary medical equipment, both past and future.
- Lost wages – This covers the income you’ve lost due to being unable to work, including any missed benefits and potential future income you may not earn because of your injury.
- Property damage – These include costs to repair or replace personal items that were damaged in the accident, like your car if you were in a car accident.
- Pain and suffering – These damages cover the physical pain and mental struggles you experience as a result of your concussion.
- Emotional distress – These damages address the psychological impacts such as anxiety, depression, and other emotional challenges that result from the concussion.
- Loss of enjoyment of life – This covers the decrease in your ability to enjoy activities and hobbies you once found fulfilling.
- Loss of companionship – These damages address the strain or disruption in your personal and family relationships caused by your concussion.
- Wrongful death expenses – If the concussion results in death, these damages can cover funeral costs and other related expenses.
Again, these damages are crucial for your recovery, especially since concussions often bring lifelong challenges and changes. In California, you have two years from the date of the accident to file your injury claim. From there, though, you need to figure out who pays for your damages.
Who Pays For Your Damages in a Concussion Injury Claim?
A huge part of the legal process is figuring out who pays for your damages. In legal terms, this is known as “liability,” and hinges on the concept of negligence. This means that someone:
- Had a duty to keep you safe and free from hazards
- They failed in that duty
- The failure led to the accident, which caused your injuries
In real-world terms, how the accident happened is going to be very telling. Usually, a concussion results because of:
- Car accidents
- Bicycle accidents
- Motorcycle accidents
- Slips, trips, or falls
- Workplace accidents with faulty equipment or falls
- Assaults or domestic violence
- Collisions during recreational activities or while playing sports
Obviously, this narrows things down a bit. Most of the time, liability will rest with the following:
- Drivers
- Employers
- Homeowners or landlords
- Store owners or management
- Perpetrators of criminal acts
- Product manufacturers
- Government agencies if the accident happens on public property
With liability established, it effectively sets the course of your claim. But you don’t automatically get damages just by filing a claim. You have to put together a strong and compelling case.
What You Should Do to Strengthen Your Concussion Injury Claim
Whenever there’s an accident that results in a concussion, it’s obviously pretty scary. Unlike other injuries, a concussion is going to impact your ability to take the steps that need to be taken to strengthen an injury claim. At this point, you can rely on our team and others for help, but one way or the other, the following needs to be done:
- Get medical care immediately – Call 911 for an ambulance right away, and follow up with further care from a hospital or doctor. Follow your doctor’s advice for recovery, which will usually involve a professional evaluation to assess the extent of your injury.
- Document the accident scene – Take photos and gather details about how the concussion happened.
- Report the accident – If the concussion happened at work, inform your supervisor or employer. Likewise, if it happened at a store or property, tell the owner so they can fix the issue. Or if it happened in a car accident or on public property, call the local police.
- Keep records and follow treatment – Keep all documents related to the accident and treatment. Focus on your health and follow your doctor’s advice.
These steps are crucial because concussions can be complex and vary in severity. To be well-prepared, you need to know what you’re facing.
What Are Some Common Symptoms That Come With Concussions?
One of the most difficult parts of a concussion (or really any other head injury) is that it causes a wide range of complications. According to the Mayo Clinic, concussions come with a variety of symptoms like:
- Headaches – Your brain’s movement inside the skull can cause headaches.
- Dizziness and imbalance – A concussion affects balance and coordination, leading to dizziness.
- Nausea and vomiting – A concussion can upset your brain’s control of nausea and vomiting.
- Memory issues – Concussions can cause lapses of memory and concentration.
- Noise or light sensitivity – A concussion may make bright lights and loud sounds feel overwhelming.
- Fatigue – Concussions and other brain injuries can cause extreme tiredness.
- Blurred vision – Concussions can affect your vision, making it hard to see clearly.
- Confusion – Brain disruption from a concussion can lead to disorientation and difficulty thinking clearly.
Understanding your injuries and symptoms is vital to address the challenges of your concussion. Still, every situation is different. That’s where our team can step in and give you the tailored support you need.
Concussion Injury Victims in California Can Rely on Maison Law
If you’ve had a concussion from an accident in California, you can rely on Maison Law for help. We understand the serious impact of these injuries and the challenges they bring. Our experienced team of traumatic brain injury lawyers will support you through every step. Whether you need to file an insurance claim or a lawsuit, we’ll gather the evidence to help you get the damages you need. Contact us today for a free consultation to get the process started.
