Accidents happen every day, and some are clearly more serious than others. However, while bumps, bruises, and jolts may seem minor, these sorts of injuries to the head can have serious consequences such as Traumatic Brain Injuries (TBIs). These injuries can affect brain function and permanently disable someone in the blink of an eye. The CDC reports more than 2.8 million TBIs annually, and this number has been increasing steadily.

In Murrieta, while motor vehicle collisions cause the most TBIs for children 15 and up as well as adults, sports accidents, falls, violent crimes such as muggings and assault, and workplace accidents can also result in life changing TBIs. Victims of these types of accidents may be entitled to compensation for their injuries, so speaking with an experienced Murrieta brain injury attorney is advisable.

What Symptoms Are Present with a Brain Injury?

Because the brain controls a lot of functions that are not obvious on the surface – consciousness, memory, and personality among them – the symptoms of a TBI may not present immediately after an accident. Symptoms vary and may include:

  • Dizziness and loss of coordination;
  • Personality and behavior changes;
  • Fatigue;
  • Disorientation;
  • Nausea;
  • Vision changes; and
  • Headaches.

For this reason, it is important to seek medical help as soon as possible after an accident to evaluate the victim and set up monitoring and observation if a TBI is suspected.

Long Term Brain Injury Effects

Even after the initial trauma of the accident, TBIs often carry long-term effects which may interfere with your ability to live independently or carry out normal day-to-day life even if treated.

Behavior impairments, physical impairments, and cognitive disabilities affecting such areas as memory and speech can turn self-sufficiency, employment, or interpersonal relationships into impossible tasks. Worse yet, these disabilities affect your financial future while the treatment and modifications you may require for living rack up massive expenses you will have to pay.

How Do I Win My Murrieta Brain Injury Case?

For TBIs and other personal injuries, the most common argument for a victim to recover damages is that another party’s negligence caused their injuries. To prove negligence, the victim must demonstrate:

  • Duty – The party had a legal duty of care to the victim.
  • Breach – That party, through affirmative act or omission, breached their duty of care.
  • Causation – The breach caused the victim’s injuries.
  • Harm – The victim actually suffered an injury.

After establishing these elements occurred, the party will be presumed to have acted negligently and will be liable for the victim’s damages if they cannot assert any valid legal defenses. It is advisable to speak with a Murrieta attorney experienced in brain injuries and personal injury law to understand how the facts of your situation may best be presented in conjunction with a negligence claim.

How Much Is My Case Worth?

As with any personal injury, it is normal to wonder what your case is worth. TBIs can be particularly expensive, because they often incur massive expenses to cover both treatment and the long-term (even lifelong) impacts and limitations made a victim must endure. Brain injuries, falling under the personal injury umbrella, may be awarded both compensatory and exemplary damages in a civil lawsuit.

Compensatory damages are designed to compensate a brain injury victim for the harms they suffered as a result of a party’s negligence. These damages and may be economic or noneconomic in nature. Exemplary or punitive damages are meant to punish a wrongdoer’s behavior and deter others from repeating their conduct in the future.

Compensatory Damages

Economic compensatory damages are meant to compensate a victim for quantifiable damages suffered that they and can prove through things like paystubs, records, and receipts. Damages may be awarded for, among other things:

  • Medical expenses;
  • Funeral expenses; and
  • Loss of future earning potential.

An award of noneconomic compensatory damages is meant to reimburse a victim for harms they suffered are not quantifiable. Mental trauma, emotional after-effects, and psychological trauma do not have a set value, but courts and juries may award damages for harms such as:

  • Mental anguish;
  • Pain;
  • Scarring or permanent disability; and
  • Loss of consortium.
  • Punitive Damages

Punitive damages are meant to punish the injuring party’s vile, reckless, or reprehensible behavior and deter other parties from engaging in the same or similar conduct in the future. A brain injury victim must show they are eligible for a compensatory damage award before they can recover punitive damages. The standard of proof to recover punitive damages is also higher than the standard to recover for negligence.

What Should I Do Now?

If you are a brain injury victim in Murrieta, there are many important tasks you should complete in order to protect your health and any legal rights and claims you may have.

Get Medical Help

After any accident it is important to seek medical treatment. Additionally, TBI symptoms may not be visible until weeks or months after an accident, so receiving an evaluation and following up with your treatment provider is vital. It is also very important that you comply with treatment plans from your medical providers, take all prescribed medications, and attend any appointments made for treatment.

Do Not Delay

Brain injury victims generally must file a claim within 2 years from their date of injury or else risk losing their right to recover under California’s statute of limitations. Failing to file within the designated time will bar their personal injury claim and result in them losing their claim for recovery permanently.

Consult an Attorney

If you have suffered a brain injury, it is wise to speak the experienced Murrieta brain injury attorneys at Walton Law today. These skilled professionals can help you evaluate your case, help you understand your options, and advocate for you to receive the maximum possible compensation.

Our knowledgeable attorneys have spent years advocating for clients like you and secured them millions in recovery. Contact us 24 hours a day, 7 days a week at (866)-338-7079 or via our online Contact Page to set up your no-risk initial consultation. You will not pay unless we win your case.

We will review your unique situation and help you achieve the best possible outcome from an unfortunate situation.

Murrieta Office Location

26636 Margarita Rd #100,
Murrieta, CA 92563
(951) 240-5522