The effects that a Traumatic Brain Injury (TBI) has on both the individual that suffers from it, as well as on their loved ones, are deep, challenging, and heavily strenuous in several ways at once. Some of the burdens can be eased by receiving financial compensation, specifically if the injured party has proof to claim their TBI was caused by the negligence of another party.
In that case, they will need legal assistance and representation that is highly-experienced in TBI claims and has successfully won many of them for their clients. Davana Law Firm provides clients with an experienced brain injury attorney to represent them in TBI cases all across Los Angeles, working tirelessly to ensure they receive the highest amount of compensation possible.
Below, we discuss what goes into the process of receiving compensation from receiving a traumatic brain injury:
What Conditions Are Considered TBIs?
In general, a traumatic brain injury involves a strong impact to the head, causing either minor or major injuries to both the skull and brain. A TBI can occur from car accidents, slip-and-fall accidents, and numerous other incidents that cause head trauma.
To assist in learning whether you or your loved ones are entitled to financial compensation, here are some of the different types of TBIs that can occur:
- Diffuse Axonal: An injury where the brain’s long connecting nerve fibers, known as “axons”, are torn by head trauma that causes the brain to shift and rotate within the skull. A diffuse axonal injury (DAI) often results in a coma, as well as further injuries to several different parts of the brain.
- Cerebral Contusion: a bruise formed in the brain that may result in internal bleeding. Additionally, a contusion that has an effect on both sides of the brain is called a “Coup-Contrecoup” injury.
- Concussion: a brain injury caused by a hitting or violently shaking the head. The result can involve temporary loss of certain cognitive functions, such as loss of memory, coordination, or energy, as well as brain-related symptoms like dizziness, confusion, and chronic headaches.
- Open Head Injuries: Among the most severe forms of TBI, this injury often occurs when an object penetrates the skull and reveals the brain. It is even more serious when considering the likelihood of bone fragments entering the brain due to the object’s impact.
Effects of TBI That Entitle You to Compensation
While there are a number of TBI types, there are many more effects and symptoms that result from them, causing tremendous issues beyond that of the injury, including emotional, mental, and financial problems. These hindrances can affect one’s livelihood, as well as the overall stability they once had.
Here are some examples of issues that may entitle you or your loved one for compensation:
- Lost Wages
- Rehabilitation from Injuries
- Pain and Suffering
- Inability to Work
- Loss of Companionship
- Previous & Ongoing Medical Expenses
- Home Safety & Caregiving Expenses
How Are TBI Claims Valued?
The best way to fully and accurately value the amount of compensation you are entitled to through you or your loved one’s TBI claim is with an experienced brain injury attorney present.
He or she will weigh each factor and detail of your claim thoroughly in order to make sure you receive the best possible amount of compensation. They will put together a profile to determine how you or your loved one’s TBI has affected your personal and professional livelihood. They will then put together the evidence to help prove the validity of your claim and the negligence of the accused party.
Forms of evidence include:
- Medical record detailing the effects and symptoms of the TBI
- Doctor’s notes on the medical treatment or caretaking you would need to properly treat your injury.
- Testimonies from friends, colleagues, and family in which they detail how your TBI has affected you personally and professionally.
A Note on Comparative Negligence
Finally, in addition to everything we’ve discussed thus far, we also want to provide a key piece of information for you to consider when it comes to your claim.
In the past, California law mandated that if an injured party was even 1% negligible for their own injury, even though the party they are making a claim against is 99% responsible, they would not be entitled to any compensation.
Fortunately, the law has changed to what is now called “comparative negligence”, which involves determining the percentage each party is at fault, with the defendant only being responsible for the number of damages they are at fault for.
For example, if a plaintiff suffers a TBI injury that leaves them with $100,000 in damages and is 40% to blame for the accident that caused it, then the defendant is subsequently 60% at-fault and thus must pay $60,000 dollars in damages to the plaintiff instead of the full amount.
Unlike some states that employ this rule unless the plaintiff is over 50% at fault, California law allows for damages to be paid even if the plaintiff is beyond 51% at fault, ensuring they are able to recover no matter what.
Davana Law Firm: Diligent Brain Injury Attorney in Los Angeles, CA
Recovering from a traumatic brain injury is an enormous strain on those who received one, as well as their families. Compensation for damages can help ease that strain and help you and your loved ones move forward. At Davana Law, our drive is to help our clients do so through our dedication to ensuring they receive quality brain injury attorney representation for their personal injury case in Los Angeles county. Our team gained experience through winning hundreds of cases for clients throughout LA, including for TBI compensation, dog bite injuries, slip-and-fall injuries, and many more.
Contact us at (818) 501-1055 for more information about our full-scale legal services and how we can serve you.