The brain controls vital physical functions, shapes our personalities, and allows us access to memory, cognition, and perception – so an injury to the brain is always cause for serious concern. However, not all brain injuries come from obvious head trauma; other types of bumps, jolts, and accidents can all result in hidden Traumatic Brain Injuries (TBIs) which may present no symptoms immediately but can have permanent, catastrophic, life-altering consequences. If you suffered a brain injury from an accident or other trauma, you should speak to a Menifee attorney skilled in handling brain injury cases today.
Brain Injury Statistics
The CDC estimates that close to 2.8 million people in the United States sustain a TBI every year, and at least 10 percent of those people require hospitalization. TBIs contribute to 30 percent of deaths in the United States related to injuries, and the total cost of TBIs between medical treatment and other indirect costs such as lost productivity, total over $60 billion each year. Though falls are the most usual cause of TBIs, other common causes include:
- Motor vehicle accidents;
- Assaults and violent crimes;
- Collisions during sports and recreational activities; and
- Workplace accidents.
TBIs may range from mild to severe, and depending upon the severity, require no more than a basic emergency room examination or could necessitate lifelong treatment, accommodations, and accessibility changes in order to perform normal daily functions.
Brain Injuries in Menifee
Menifee, with a population of nearly 94,000 and growing, is a prime location for accidents that can result in head trauma and brain injuries. The population density of Menifee is 687% higher than the California average, meaning there are more civilians and more vehicles operating in tighter quarters than almost anywhere else in the state. As a growing town, it is also the home of countless business and residential construction sites and a rapidly increasing number of business and retail establishments. These conditions are ripe for workplace accidents, motor vehicle accidents, and bicycle accidents – all prime causes of falls, head strikes, and other collisions responsible for TBIs.
How Do I Know if I Have a Brain Injury?
Medical evaluation is the only way to receive a proper diagnosis for TBIs and other head injuries. It is particularly important to seek out medical care after a bump, collision, or fall affecting your head as many TBIs are not immediately obvious in the aftermath of an accident. Symptoms will often not present right after a brain injury occurs – it may take days or weeks for them to develop, and it may not be obvious to the victim that the symptoms they are experiencing are tied to an underlying brain injury. Common symptoms include:
- Dizziness or coordination loss;
- Nausea and vomiting;
- Vision changes; and
- Personality or behavior changes.
If a medical evaluation reveals you have suffered a TBI or other brain injury, you should speak with a Menifee brain injury attorney to determine the best way to proceed.
How Do I Get Compensated for My Menifee Brain Injury?
The most common theory asserted to recover for brain injuries and other personal injuries is negligence. If you can prove that another party had a legal duty of care, breached that duty through an act or omission, and that breach caused your injuries, then that party is presumed negligent and incurs liability for your injuries unless they have a valid legal defense. Proving causation and breach can often be tricky, so finding an experienced brain injury lawyer is advisable.
What Can I Recover?
Once a party’s negligence is established, a victim can recover damages they can prove in court. Known as compensatory damages, these are meant to make you whole for losses you suffered because of another’s negligent conduct. Damages can be awarded for quantifiable losses and harms such as:
- Lost wages;
- Funeral expenses; and
- Medical bills.
This is particularly important with brain injury cases, as TBIs are often quite expensive to treat in the short term and manage in the long term. TBIs can incur massive medical bills and often impact the victim’s ability to live normally without expensive equipment, accommodations, or other treatment.
You may also be compensated for injuries that do not have a price tag but have harmed your emotional, psychological, or physical well being such as pain and suffering, permanent disability, emotional distress, and loss of consortium.
If the other party has acted particularly reprehensibly in causing your brain injury, you may also be entitled to an award of punitive damages meant to punish the offending party and deter others from similar behavior in the future. Punitive damages require additional elements be present and demand a different, higher standard of proof than negligence, so it is advisable to have experienced counsel navigate this tricky but potentially very lucrative argument.
What Steps Should I Take if I Suffered a Brain Injury?
If you have suffered a brain injury, there are several important steps you can take that can be advantageous to your health and help protect any legal claim you may have going forward.
- Seek Medical Attention – Both for your health and the health of your claim it is important you receive medical care as soon as possible, adhere to treatment plans and physicians’ orders, and keep records of all your incurred expenses.
- Gather Evidence – If possible, get police reports regarding your accident, secure the names of any witnesses, and photograph the scene and the aftermath of any accident.
- Do Not Delay ¬– California has a 2-year state of limitations for you to file most personal injury claims in court; after that time, you lose your right to sue and to recover any compensation.
- Contact an Attorney – to know your options and preserve your rights, contact a Menifee attorney experienced in brain injuries.
If you have suffered a brain injury in Menifee, contact the experienced Walton Law attorneys today. Our skilled attorneys have spent years representing clients like you and have secured millions in recovery for them. Let us help you understand your options and zealously advocate for maximum possible compensation for your injuries. 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. We will evaluate your case and assist you in achieving the best possible outcome from a bad situation.