Maison Law advocates on behalf of workers suffering from a brain and head injury (TBI) in Fresno. If you or a loved one has suffered a traumatic brain injury (TBI), Maison Law can manage your claim and maximize your compensation. Most injured victims believe there is no other recourse than workers’ compensation to recover damages, but that is not always the case. Contact Maison Law for a free consultation today and see what legal options are available to you.
Do I Need a Lawyer?
To begin receiving workers’ compensation benefits, you do not need a lawyer, but an attorney can greatly benefit your workers’ compensation claim. For example, If workers’ compensation has under-compensated you, provided you with inadequate care, or terminated your treatment or compensation too soon, an attorney can file a lawsuit against them to ensure you receive everything you’re entitled to. An attorney will also file a lawsuit against the party responsible for your injuries (if necessary) and get you additional compensation for the following:
- Present and future medical expenses
- Loss of income, as well as the reduction in your earning capacity you’ve suffered from your work-related accident
- Cost of living with your injury, such as making your home disability accessible, purchasing a wheelchair, hiring a nurse or housekeeper
- Damage done to your property during the accident
- Pain and suffering caused by your injuries
- Stress and anxiety due to the nature of your accident
- Your mental state after a life-changing accident
- Loss of ability to enjoy life
- Loss of companionship or consortium
- Scarring, disfigurement, and permanent physical disability
What is the Average Payout for a Brain and Head Injury in Fremont
While there is no typical settlement amount for brain and head injury claims, there are three settlement amounts TBI accident victims can expect from their claim based on the details of their injury. These settlements include:
- Low settlement: low settlements usually consist of minor incidents with little to no injuries. Medical bills and property damage costs are usually low, so the settlement amount will reflect the low cost of damages.
- Moderate settlements: moderate settlements apply to moderate injuries such as whiplash, and concussions. These injuries will require some medical treatment, as well as some missed work. The recovery period can be somewhat long, but victims typically make a full recovery.
- High settlements: high settlements involve severe injuries, resulting in long-term medical treatment, permanent disability, or fatalities. These cases usually receive substantial compensation due to the extent of medical expenses, lost wages, pain and suffering, as well as the extent of negligence which caused the injury.
Factors that Affect Brain & Head Injury Settlement Amounts in Fresno
Brain injury cases often settle for the highest figures amongst personal injury accidents. This is because brain injuries can result in permanent damage and serious health complications, requiring ongoing and future medical care. The following factors will greatly influence the settlement you can expect to receive:
- The severity of your injury
- Your characteristics:
- Age
- Occupation
- Overall health
- Education
- Insurance policy of the liable party
- Your percentage of liability (if any) in the accident
Symptoms of Brain and Head Injuries (TBI)
Millions of people suffer brain and head injuries each year. According to the Vail Foundation of Health, every nine seconds a person will sustain a brain injury, resulting in more than 3.6 million injuries per year. Sometimes, a person can suffer a head injury and not realize that their brain has been impacted. The following symptoms are how you can tell if you’ve suffered a brain injury:
- Physical symptoms:
- Pupil dilation
- Blurred vision
- Slurred speech
- Nausea/vomiting
- Fluid draining from the nose or ears
- Cognitive Symptoms:
- Drowsiness
- Disorientation
- Loss of consciousness
- Forgetfulness
- Persistent frustration and irritability
- Perception Symptoms
- Loss of balance
- Sensitivity to light
- Random mood swings
- Depression and anxiety
- Lack of energy
Fresno Employer Brain & Head Injury (TBI) Safety Responsibility Under OSHA Law
According to OSHA, 20% of all workplace head injuries occur due to slipping, tripping, or falling. Oftentimes, these head injuries occur due to a violation of OSHA regulations. In California, you have the right to request an OSHA inspection without the fear of employer discrimination.
By law, your employer is responsible for providing the following to keep workers safe:
- Providing a safe working environment, meaning they are tasked with adhering to all the regulations that govern the company’s work. An example would be a construction site. The owner would have the duty to follow all safety regulations relating to construction.
- Provide daily inspections on equipment and sections of the workplace that are prone to hazardous conditions to make sure they adhere to OSHA standards.
- Provide all employees with safety information. The employer should hang OSHA posters, labels, and other safety signs so that all employees have access to the information.
- Your employer needs to provide training so that employees can handle the daily tasks and are knowledgeable about how to deal with hazardous situations.
FAQs
Q: How much are TBIs worth?
A: Depending on the details of the injury, TBIs can be worth anywhere from thousands of dollars to millions. Every circumstance is different and certain factors can bring value to the case or reduce what a case is worth. An experienced TBI attorney will be able to help give you an accurate estimation of what your case is worth.
Q: What is a 40% TBI Rating?
A: Every TBI receives a percentage ranking. A TBI ranking reveals the impact a TBI will have on an injured victim’s life. A 40% ranking means your TBI will have an effect on your daily life and hinder your work performance, along with your social life.
Q: What causes a TBI?
A: TBIs can result from any sort of sudden and aggressive trauma to the brain. Typical causes include car accidents, explosions, sports injuries, or combat injuries.
Q: Do I have to be “knocked out” to have a TBI?
A: No, people can have a negative change in brain function without being “knocked out.”
Q: Who is affected by TBI?
A: According to the Brain Trauma Foundation, the most affected individuals of TBIs are the youth and elderly people who experience serious falls. 28% of all TBIs result from falls.
Contact a Fresno Brain & Head Injury (TBI) Workers’ Compensation Lawyer
It is recommended to speak to a lawyer as soon as you suffer a work-related brain and head injury. Maison Law specializes in the complex legal process of workers’ compensation claims and representing workers suffering from serious head injuries. Our firm will file a lawsuit against workers’ compensation and the liable party to ensure you are compensated for all your physical, emotional, and financial damages. For expert legal counsel in workers’ compensation cases, contact Maison Law today for a free consultation and case evaluation. There are no upfront charges for our services and you will not have to pay a cent unless we win your case.
