The human brain is the hub of the body – regulating vital functions, molding personalities and behaviors, and controlling memory and cognitive functions. Ironically, despite its critical importance it is an incredibly delicate organ and has limited power to heal in some circumstances, so any injury to the brain is no laughing matter. The CDC estimates nearly 2.8 million Americans suffer brain injuries annually at a cost of over $60 billion directly and indirectly. TBIs factor in to 30 percent of injury-related fatalities in the United States each year.
Though injuries can occur from obvious causes like blows to the head, many more Traumatic Brain Injuries (TBIs) may happen from less traumatic bumps, jolts, falls but present no symptoms immediately following the damage to the brain; a victim also may not associate symptoms such as personality changes and sleep disturbance with injury to their brain. If you have suffered a brain injury in any sort of accident, you should speak to a Lake Elsinore brain injury attorney today to see if you may be entitled to compensation for your injuries.
Risk of TBI-Causing Accidents in Lake Elsinore
Lake Elsinore, with its year-round pleasant climate and picturesque scenery popular with motorcyclists, namesake lake, bustling tourism industry, and extensive system of bicycle paths, is a prime location for accidents that can result in head trauma and brain injuries. Additionally, the city is continually growing and has reached over 66,000 residents with a high population density of over 1,746 residents per square mile with constant construction projects taking place. These circumstances come together to make Lake Elsinore a town where workplace accidents, motor vehicle accidents, motorcycle accidents, bicycle accidents, and other causes of brain injury causing collisions and occur on a regular basis.
Causes of Brain Injuries
Traumatic brain injuries are most commonly caused during falls, but many other common situations may result in TBIs. These include assaults and other violent crimes, collisions when engaged in sports, motor vehicle accidents, trauma sustained in a workplace accident, and accidents during recreational activities. Though some brain injuries may not be severe, others can be life-changing and create a crushing financial, physical, and emotional burden for victims and their loved ones.
Additionally, TBIs have an exceedingly high potential for victims to worsen their injury through failure to seek treatment and continuing damaging activity. This happens because TBIs often don’t present symptoms for days, weeks, or months afterwards; this gives victims the false idea they were not injured and can go about life as usual.
How Do I Whether I Sustained a Brain Injury?
Evaluation by a doctor is the only way to diagnose brain injuries. It’s critical to seek medical care after any bump, collision, or fall affecting your head because of the latency of most TBI symptoms. Some symptoms of TBIs may include:
- Loss of taste;
- Dizziness or coordination problems;
- Nausea and vomiting;
- Cognitive difficulties;
- Vision loss; and
- Personality or behavior changes.
If medical evaluations confirm you suffered a brain injury, you should contact a Lake Elsinore attorney experienced with brain injuries to learn if you may be entitled to compensation for your injury.
Can I Recover for My Brain Injury?
In Lake Elsinore, personal injury victims most commonly argue another party acted negligently to recover damages. Establishing negligence – which makes another party liable for your harms – requires proving:
- The party had a legal duty of care to you,
- They breached that duty, and
- Their breach caused your injuries.
Once these elements are satisfied, the accused party will be presumed negligent unless they raise a valid legal defense and victims can recover compensatory damages to make them whole for injuries they can substantiate in court. Damage awards can issue for concrete harms like lost future earning potential, hospital bills, and burial costs; they may also be awarded for psychological injuries including pain and suffering and emotional distress. These damages are of critical importance for TBI victims, because brain injuries are usually incredibly costly in both the short and long-term. Massive medical bills are common, as is a victim’s ability to fully return to work during their lifetime. Victims also may require equipment, therapy, assistance, or other accommodations to perform day to day activities for the rest of their lives.
Victims may also be entitled to punitive damages if they can establish the negligent party conducted themselves reprehensibly and acted with malice, fraud, or oppression. Designed to punish the offending party and deter similar behavior in the future, punitive damages demand a different, higher standard of proof than when establishing mere negligence and are often exponentially higher in amount than compensatory damages. Due to the difficulties of pursuing punitive damages successfully, it’s wise to retain experienced counsel to design and execute this what could be a very lucrative argument.
What Should I Do if I Suffered a Brain Injury in Lake Elsinore?
If you have suffered a brain injury, taking a few simple actions can have an enormous positive effect on your health and the health of any potential legal claims you may bring. Though it may seem daunting, the effort is worth it.
- Seek Medical Attention – It is important you receive medical care as soon as possible, follow all treatment plans and physicians’ orders, take medications as prescribed, attend all medical appointments, and keep records of all your treatment, injuries, and expenses.
- Gather Evidence – If you were injured in an accident, if possible, obtain copies of any police, emergency responder, or workplace reports created about the accident, gather witness information, and take photographs of the scene.
- Act Quickly – For most California personal injury claims, there is a 2-year statute of limitations within which you must file your lawsuit in civil court or else face a permanent statutory bar to financial recovery through the legal system.
- Contact A Skilled Brain Injury Attorney in Lake Elsinore – If you have suffered a brain injury in Lake Elsinore, reach out to the experienced Walton Law attorneys at once. Our experienced attorneys have spent years providing compassionate, dedicated, personalized representation to clients like you and have secured millions of dollars in damages for their injuries. Let us help you understand your options and work to secure the best possible outcome for you. Contact us 24 hours a day, 7 days a week at (866)-338-7079 or via our online Contact Page to schedule a no-risk case review. There is no obligation and you pay nothing until we win your case. Let us get you the compensation you deserve so you can focus on getting your life back on track.