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A traumatic brain injury is abrupt physical damage to the brain, often caused by a jolt or blow to the head, that interrupts normal brain activity. Injuries can range from a mild concussion to severe head trauma with permanent disabilities. Trauma to the brain can cause both short- and long-term physical, cognitive, emotional and social impairments. After suffering a brain injury, your life may never be the same.
Suppose you or a family member recently sustained a brain injury due to the actions of another party. In that case, it’s understandable to feel a potent mix of frustration, uncertainty, and distress over your injury and the potential future implications it can hold for your family. However, when another party bears responsibility for an injury as severe as a traumatic brain injury, it is vital to know your options for holding them accountable. An experienced Novato brain injury lawyer can be your best possible asset in this incredibly challenging situation.
Brain injuries typically require extensive emergency medical treatment immediately after they happen, but the victim is also likely to require ongoing medical care for several months or even years following the initial recovery process. Additionally, the victim may require lifelong medical care and in-home support, depending on the severity of their injuries. Some brain injuries leave victims completely unable to live independently, even after recovering as much as is medically possible.
Rush Injury Law can provide the legal representation you need to hold a negligent party accountable for causing the brain injury you or your loved one recently experienced. If you do not have legal counsel assisting you, you would need to navigate the complex civil claim process while simultaneously managing your recovery and household obligations. Even if you think you have the flexibility to manage this, a Novato brain injury lawyer can allow you to focus on recovery while they handle your legal affairs on your behalf. Ultimately, hiring an experienced attorney to represent you is an investment into the quality of your recovery.
Founding attorney Mr. Rush created Rush Injury Law to protect and stand up for the rights of brain injury victims. We understand that brain injuries cause not only financial burdens for the injury victim, but also lasting effects that carry over into all other aspects of their life.
We know the challenges you face, both physically and mentally, as you work toward recovery. Financial hardship resulting from the accident that caused your brain injury should not be one of your worries. Let our staff work to get you the settlement you deserve.
Learn more about how we can help by calling 415-985-7225 to schedule a free consultation.
There are two types of brain injuries: penetrating and closed. A victim suffers a penetrating head injury when a foreign object fractures or penetrates the skull. The object enters the brain and damage is localized to specific areas where the object traveled. Penetrating brain injuries are most commonly caused by violence, workplace injuries, and falls. For example, a gunshot can easily cause a devastating penetrating brain injury, and this type of injury would also be possible from falling onto certain types of debris or from a falling object in a dangerous workplace. Penetrating brain injuries are medical emergencies that demand immediate treatment and can easily be life-threatening.
In a closed brain injury, a sudden jolt or blunt trauma to the head causes the brain to strike the inner walls of the skull. Although the skull provides the brain with some protection, damage in closed brain injuries is often widespread, negatively affecting normal functions throughout the brain. The most commonly reported type of closed brain injury in Northern California is concussions. These injuries often occur from car accidents, sports injuries, and slip and fall injuries. Concussions can cause a wide range of symptoms and leave victims more vulnerable to future concussions. The recovery period for a concussion may only be a few weeks, or the victim may experience adverse symptoms for months or even years.
Brain injuries are classified into three categories based on the severity of the injury. Factors include loss of consciousness and brain imaging results. The categories are as follows:
Even a mild brain injury, such as a concussion, can cause lasting damage and should be taken seriously. Most brain injury victims face challenging roads to recovery, and some may never recover completely. Ultimately, the human brain is incredibly complex and unpredictable. Two people may suffer seemingly identical brain injuries and yet have entirely different symptoms and recovery experiences. One may be wholly debilitated, while the other appears to make a full recovery. One of the most challenging aspects of most brain injury claims filed in Northern California is that the full range of symptoms may not immediately appear.
Unlike other forms of bodily trauma, brain injuries have minimal outward physical manifestations. Depending on the type and severity of the brain injury, symptoms can run the gamut from subtle to obvious. Many symptoms develop immediately after an accident, but delayed symptoms should not be ignored. Common symptoms include:
Symptoms of brain injuries can come in waves and vary significantly in severity. For example, a brain injury victim could experience relatively mild symptoms for the first few weeks after their injury, and then those symptoms gradually worsen. It’s also possible for a victim to have severe symptoms that persist long before they appear to make a substantial recovery, only for their symptoms to return later. It may take months or even years before a brain injury victim can accurately determine the full scope of the symptoms their injury has caused.
Prompt diagnosis is essential to treating brain injuries. Even if symptoms are not immediately obvious following a motor vehicle accident or slip-and-fall injury that resulted in trauma to the head, seek medical attention right away.
In cases of a penetrating head injury, doctors may perform surgical treatment to repair skull damage and prevent a secondary injury. For closed head injuries, treatment often focuses on relieving pressure in the brain, minimizing swelling and maintaining blood and oxygen flow. Following the initial treatment, medical professionals focus on restoring lost functional abilities. In cases where a full recovery is not possible, treatment plans include rehabilitative strategies.
It’s common for brain injury victims to face complicated recoveries. Some may develop permanent complications that prevent them from working or living independently in the future. Others may experience unpredictable medical complications that make it impossible for them to enjoy any consistency in their day-to-day life. When these injuries happen because of the negligence of other parties, victims need to know their legal rights and the value of reliable representation from a Novato brain injury attorney.
If another party caused you or a loved one to suffer a brain injury, you have the right to hold them accountable for all your resulting damages under California’s personal injury statutes. The first step in a personal injury claim is identifying the party or parties responsible for causing the victim’s brain injury. For example, if you sustained a brain injury when a drunk driver hit your vehicle, the drunk driver would be the defendant in your claim and would bear responsibility for your damages.
Once the plaintiff in a personal injury claim has accurately identified the defendant or defendants responsible for their brain injury, the next phase is proving the defendant was negligent in some way that directly caused the plaintiff’s claimed damages. California personal injury laws allow plaintiffs to claim compensation for their immediate and future medical expenses following any personal injury, their lost income, their lost earning capacity, and their pain and suffering. The plaintiff and their Novato brain injury lawyer must prove the full scope of the plaintiff’s damages and provide unambiguous evidence that those damages only occurred because of the defendant’s negligence.
Success with your brain injury case may require physical evidence, eyewitness testimony, and input from relevant expert witnesses. You may not only require their assistance to prove the defendant’s liability for your damages and the full scope of your damages. Many plaintiffs in brain injury claims initially undervalue their claims until they secure legal representation from reliable Novato brain injury attorneys.
California’s personal injury laws uphold that injured plaintiffs have the right to seek total compensation for the damages they sustained due to the actions of a negligent defendant. Essentially, the plaintiff has the right to seek compensation to make them “whole” again after a personal injury. However, brain injuries have a very high chance of permanently changing the victim’s life. If you intend to take legal action after you or a loved one suffered a brain injury because of another party’s actions, it is crucial to consult an experienced Novato brain injury lawyer who can help you maximize your recovery.
Some of the damages you may be able to claim in your brain injury case include:
The potential recovery from your Novato brain injury claim could be far more substantial than you initially expected. When you choose Rush Injury Law as your Novato personal injury lawyers, we will do everything we can to uncover every possible avenue of compensation that you can lawfully claim in your case.
It’s important to note that pain and suffering is likely to form the bulk of your recovery from a brain injury claim. The court will consider all evidence to determine the severity of your injury and the scope of the long-term and permanent effects you will experience. Your Novato brain injury attorney can seek pain and suffering on your behalf using various formulas. If you are likely to make a full recovery, they may aim for “per diem” pain and suffering compensation that awards a certain amount for each day until you reach maximum medical improvement, but if your injury caused permanent disabilities, then they will likely seek a large lump sum to reflect the severity of your injury and the difficulties you face in the future.
It’s nearly impossible to calculate the total financial impact of a brain injury until some time after the injury, when the effects are more measurable. While it’s essential to take your time so that you can accurately assess the full scope of your damages from a brain injury, it is equally important that you do not delay in securing the legal representation you need to file a personal injury claim for your brain injury. The expenses of a brain injury can be staggering. Just compensation can help you make the life adjustments you need. Let us help you get it.
Schedule a free consultation with a lawyer by calling 415-985-7225 or by sending us an email. From our offices in Novato, San Francisco and Santa Rosa, we serve clients throughout Marin County and Northern California.
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