Maison Law can guide you through the claims process when you’re in a car accident in Tulare. Injuries vary widely from car accident to car accident, but certain injuries are even more damaging–and none are more troubling than a traumatic brain injury (TBI). These kinds of injuries are going to affect not just you, but they also ripple out to family and friends who suddenly find themselves in a whole new role.
If you’re facing that kind of change, you don’t have to take on the legal side of things alone. Set up a free consultation with our team today.
Do You Need a Lawyer After a Brain Injury in a Car Accident?
Even with an injury as serious as a TBI, you don’t have to get a lawyer. But the truth is, brain injuries can complicate everything. On top of the medical care and uncertainty, there’s all the routine things that come with a car accident claim–paperwork, insurance calls, and questions about who’s responsible. Trying to manage that on your own, especially while also dealing with a TBI, can quickly become overwhelming. Here’s how our team can step in and help you:
- First, we’ll talk with you–at no cost–to walk through your situation and your rights.
- If you choose to move forward, we’ll launch a full investigation into what happened and who should be held accountable.
- We’ll collect medical records, witness statements, and anything else that supports your claim.
- Then we’ll deal directly with the insurance companies, so you don’t have to.
TBIs are different from most injuries–they often come with longer recoveries, higher costs, and more emotional strain. That’s why it helps to have someone in your corner who understands what’s at stake and knows how to handle the process. We’re here to make things easier, not harder.
What Can You Do to Build a Strong TBI Claim After Your Car Accident?
No one plans for a car accident–and certainly not one that results in a traumatic brain injury. But if it happens, you’ll want to take a few important steps to protect your health and your potential injury claim. That can be tough when you’re dealing with a TBI, but doing what you can early on can make a real difference. Here’s what you can do:
- Get emergency help right away – Call 911 so first responders can treat you at the scene. Whether it’s Tulare Police or California Highway Patrol, an official accident report also helps lay the groundwork for your claim. No matter how you feel right after the crash, go to the hospital and get checked for a brain injury. Symptoms aren’t always immediate.
- Try to gather evidence – If you’re able (or if someone with you can), take pictures or video of the scene–vehicle damage, road conditions, your injuries, anything that shows what happened.
- Stick with your treatment plan – Follow up with your doctor and keep all appointments. If you’re referred to a neurologist or brain injury specialist, go. Not just for your recovery, but because gaps in care can be used against you later.
- Document everything – Start a file with your medical records, hospital bills, accident reports, pay stubs showing missed work, and any communication with insurance companies. The more you have, the easier it is to show the full impact of the injury.
- Be careful with what you say – When speaking to police or insurance reps, keep it simple. Don’t guess, don’t speculate, and don’t say anything about fault. Just share the facts.
Even with legal support, the burden is still on you to show how this injury has affected your life. These early steps can give you and our team the foundation they need to take on the insurance company–and give you a better shot at a fair outcome.
Why Are Traumatic Brain Injuries So Hard to Recover From?
A TBI from a car accident can turn your life upside down, and the most frustrating thing about it is you can do everything right: wear your seatbelt, follow the law, and everything else–and you can still be left with a TBI in an accident. What’s more, while these injuries aren’t always visible from the outside, they’re often some of the hardest to deal with because of the following factors:
- Unpredictable symptoms – TBIs don’t follow a set pattern when it comes to symptoms. The Mayo Clinic explains that one day might bring headaches and memory loss; the next, you might deal with mood swings or fatigue. It’s exhausting–and not just physically.
- The healing process takes time – Brain injuries aren’t quick fixes. Recovery can stretch into months or even years, requiring rehab, ongoing medical care, and time off from work or school.
- Everyday life gets harder – Managing your job, your family, even simple errands can become overwhelming. You may find yourself withdrawing from others or struggling with anxiety and frustration.
- It gets expensive fast – Between ER visits, scans, specialist appointments, therapy, and lost wages, the financial side of a TBI can feel just as heavy as the physical one.
It’s true that a TBI is incredibly difficult to deal with, but there is good news. With proper treatment, legal guidance, and access to local support systems–including brain injury support groups and government resources–there is a way forward. But before you can reach that point, you have to go through the legal process. And that starting point is familiar: figuring out who’s responsible.
Who’s Responsible for Your TBI After a Car Accident?
Even with a TBI, the actual claims process is going to look similar to any other car accident with injuries. This means that the starting point is figuring out who’s responsible for causing the accident–also known as establishing liability. Here’s how liability generally works:
- Someone had a duty to drive safely,
- They failed to meet that duty (like by speeding, texting, or running a red light),
- This failure caused the accident that resulted in your TBI and other injuries.
This sets the ball in motion legally, but in reality, it can sometimes be difficult to suss out–particularly if the accident itself involves more people or scenarios. Regardless, though, liability for your injuries is usually going to fall on:
- Another driver who acted carelessly or broke traffic laws,
- A city or state agency if dangerous road conditions or missing signs played a role,
- A manufacturer if your vehicle or another had a defect that caused or worsened the crash.
The reason that liability is so important is that it effectively serves as a roadmap for how your claim is going to play out. It tells you who you’re filing against, but more importantly, who has to pay for your damages. And as you can probably tell with a TBI, your damages can get pretty significant.
What Damages Can You Get in a TBI Claim After a Car Accident?
When you suffer a traumatic brain injury (TBI) in a car accident, you’re not just dealing with a medical diagnosis–you’re dealing with a life that’s been disrupted on every level. Between hospital stays, time off work, and the long road to recovery, the financial strain can build up fast. That’s where damages come in.
If someone else was responsible for the accident, California law allows you to file an injury claim–and the goal of that claim is to recover financial support for everything the injury has cost you. Whether you decide to go with an insurance claim out of court or a lawsuit, that includes:
- Medical care and rehabilitation – From emergency treatment to MRIs, specialists, follow-ups, and long-term therapy, TBIs often require ongoing care that adds up quickly.
- Future medical needs – A TBI can mean permanent changes. If you’ll need future procedures, in-home care, or mobility support, those costs should be part of your claim too.
- Lost income – If you’ve had to take time off work–or if you can’t return to your job at all–those lost wages (and future earnings) are part of your financial damages.
- Pain and emotional distress – TBIs can affect memory, mood, and relationships. California law allows you to recover damages for the mental and emotional toll that comes with these injuries.
- Reduced quality of life or independence – Whether you can’t drive anymore, handle daily responsibilities, or participate in hobbies you once loved, your claim can also account for changes in your quality of life.
- Property damage – If your car or personal items were damaged in the crash, the cost of repairing or replacing those things can also be included.
These damages aren’t about a payout–they’re about helping you get back on your feet, or adjusting to a new way of life. Keep in mind though, that California gives you two years from the date of the accident to file your claim. That might sound like a lot of time, but building a strong case takes work–so the sooner you start, the better.
Free Consultations For TBI Victims After a Tulare Car Accident
At Maison Law, we know how overwhelming it can be to recover from a serious car accident in Tulare–especially one that causes a traumatic brain injury. You may be dealing with memory issues, headaches, mood swings, or worse. You may also be worried about how you’re going to pay your bills or support your family. That’s why we’re here. We take care of the legal work so you can focus on your recovery. Get started today with a free, no-obligation consultation.