YOU HAVE OPTIONS AFTER SUFFERING A TBI
Severe traumatic brain injury (TBI) ranks among the most devastating injuries an accident victim can suffer. It can have life-altering consequences for both the injured person and their families. If you or a loved one has sustained traumatic brain injury due to an act of negligence by another party, the Glendale personal injury attorneys at The Aratta Law Firm can help you pursue the maximum compensation available to cover your medical treatment, pain and suffering, and other losses. Call (818) 550-1111 to schedule a consultation.
WHAT IS TRAUMATIC BRAIN INJURY?
TBI is an injury to the brain caused by an external force. It is a disruption in the brain’s normal function caused by a blow, bump, or jolt to the head or by a penetrating head injury. Mild traumatic brain injury may affect the brain temporarily. Severe TBI may involve bruising, bleeding, torn tissues, and other physical damage to the brain that is life-threatening or cause long-term complications or impairments.
WHAT TYPES OF ACCIDENTS CAN CAUSE TBI?
Traumatic brain injury has many different causes. Among the most common are:
Falls: TBI caused by a fall can happen in the workplace, on a construction site, or in slip or trip and fall accident on someone else’s property. Falls are the leading cause of traumatic brain injury overall, and particularly among children and older adults.
Sports injuries: People who participate in high-impact or extreme sports have a higher risk of traumatic brain injury. TBI is common in sports such as football, baseball, soccer, hockey, boxing, skateboarding, and lacrosse.
Explosive blasts: Explosions can cause traumatic brain injury, and so can penetrating wounds, blows to the head with flying debris, falls, and bodily collisions with objects following a blast.
WHAT COMPENSATION IS AVAILABLE FOR TBI VICTIMS?
In California, individuals who suffer traumatic brain injury through the negligence of another may seek economic, noneconomic, and, in some cases, punitive damages.
Economic Damages for TBI
Economic damages are designed to compensate the injured for financial losses. After a serious traumatic brain injury, you may be entitled to seek the following economic damages:
- Property damage
- Medical expenses
- Lost earnings
- Therapy and rehabilitation
- Residence in a nursing facility
- In-home care
- Modifications to the home
- Assistive/adaptive equipment and medical devices
- Loss of future income or earning capacity
- Future medical care and related expenses
- Household services you would have provided if not for the injury
Noneconomic Damages for TBI
You may also seek compensation for non-monetary losses, which may include:
- Pain and suffering, past and future
- Physical impairments
- Mental impairments
- Diminished quality of life
- Loss of consortium (right of association or companionship with a husband or wife)
- Emotional distress
As there is no easy way to put a dollar figure on noneconomic damages, juries have broad discretion in determining amounts.
Punitive Damages for TBI
Also known as exemplary damages, punitive damages are designed to punish the defendant and deter similar actions in the future. Under California law, punitive damages may be awarded for particularly egregious behavior, such as drunk driving. To receive punitive damages for traumatic brain injury, you must show that there was malice (intentional misconduct), oppression (willful, conscious disregard of your rights), or fraud (intentional misrepresentation, deceit, or concealment) by the party responsible for your injuries.
WHY YOU NEED A LAWYER
Medical expenses alone may exceed millions of dollars over the course of a victim’s lifetime for traumatic brain injuries. Loss of future earning capacity damages can be significant when TBI results in full disability. TBI claims are high-stakes cases, and insurance companies have teams of attorneys on the payroll to fight these claims and attempt to minimize compensation payouts. You need a tough legal advocate with a successful track record on your side, who has the knowledge, skills, and resources to face down the opposition and fight aggressively for the compensation you deserve.
If you or your loved one has suffered a traumatic brain injury in an accident caused by another party’s negligence, The Aratta Law Firm will review and assess the injury case in detail and prepare the best plan of action and stand by you and your family throughout the entire process. Call us today at (818) 550-1111 for a risk free consultation. You are not alone in this fight.