left upright line design

Los Angeles Brain Injury Lawyer

A brain injury can change a person’s life in an instant. Even more mild brain injuries can cause changes in a person’s ability to think or feel like they once did. More serious brain injuries can be catastrophic, causing extreme emotional issues, paralysis, disability, and even death. One of the most devastating parts of experiencing a brain injury is that it is often permanent. Unlike most parts of the body, the brain cannot repair itself by regenerating new cells. This means that many of the issues caused by brain damage can never be healed, only adapted to and lived with.

Brain injuries can be physically, emotionally, and financially devastating for an injury victim and their family. But if you or a family member suffered a brain injury due to the negligence of another party, you may be able to recover damages for your losses. In California, brain injury victims can be entitled to compensation for their past and future medical expenses, their emotional distress, their lost earning potential, and more.

If you or a loved one has sustained a brain injury, contact LA Lawyers Group today to receive a free case evaluation. Our knowledgeable brain injury attorneys have an expert understanding of how California’s personal injury laws can help brain injury victims. Note that we offer our brain injury attorney services on a contingency basis-- we absorb 100% of the financial risk of your personal injury claim. You will never be charged a fee until we win or settle your case.
Free Case Evaluation
What is a traumatic brain injury?

What is a Traumatic Brain Injury?

A traumatic brain injury (TBI) is a brain injury that’s caused an impact to the head. All head injuries do not cause TBIs, but all TBIs are caused by head injuries. Some of the most common causes of traumatic brain injuries include car accidents, falls, blows to the head, sports injuries, and physical violence.

Traumatic brain injuries can range in severity. A mild traumatic brain injury, also known as a concussion, may cause symptoms such as confusion, memory issues, headaches, and nausea. A single mild TBI may be temporary, but multiple TBIs may lead to long term effects. A more moderate traumatic brain injury may cause more severe symptom presentation and may be temporary or cause permanent issues. Around 15% of people who experience a moderate TBI have persistent symptoms a year after their injury. Severe traumatic brain injuries can cause life changing and debilitating symptoms. A severe TBI causes cognitive, perceptual, physical, behavioral, and emotional symptoms that can be catastrophic.

It’s important to call attention to the fact that anyone who has a head injury or suspected brain injury needs immediate medical attention, no matter how mild the injury may seem. Even a brain injury that appears mild can be extremely dangerous without proper diagnosis and treatment. It’s always important to receive medical attention if you’re showing signs of a brain injury. If you’ve sustained head trauma, it’s best to seek medical care as soon as possible.

Best Lawyer in Los Angeles for Brain Injuries

Symptoms of a Traumatic Brain Injury

A brain injury can cause numerous symptoms, since the brain is responsible for controlling and regulating thousands of bodily processes. Brain damage symptoms are typically divided into four major categories: cognitive symptoms, perceptual symptoms, physical symptoms, and behavioral or emotional symptoms.

Cognitive TBI Symptoms
  • Difficulty Concentrating
  • Difficulty in Expressing Thoughts
  • Difficulty Processing Information
  • Difficulty Understanding Others
  • Impaired Decision-Making Ability
  • Inability to Understand Abstract Ideas
  • Memory Loss
Perceptual TBI Symptoms
  • Balance Issues
  • Change in Vision, Hearing, Taste, Smell, or Sense of Touch
  • Inability to Sense Time
  • Increase in Pain Sensitivity 
  • Spatial Disorientation
Physical TBI Symptoms
  • Extreme Mental Fatigue 
  • Extreme Physical Fatigue
  • Headaches and Migraines
  • Light Sensitivity 
  • Loss of Consciousness
  • Paralysis
  • Seizures
  • Slurred Speech
  • Tremors
Behavioral & Emotional TBI Symptoms
  • Dampened Emotional Response
  • Heightened Emotional Response
  • Impatience 
  • Increase of Aggressiveness 
  • Irritability 
  • Lowered Stress Tolerance
left line design

Proving Liability in a California Brain Injury Case

right line design

In California, a brain injury victim may be entitled to file a personal injury claim if their injury was caused by the actions of another person or entity. To recover damages through a personal injury claim, the claimant must prove that another party is legally liable for the losses caused by their injuries. How liability is proven will depend on the specific case, since, in the State of California, the circumstances that caused an injury affect the legal doctrine that applies to the case. Generally, liability in this type of case will fall under either comparative negligence or strict liability.

Comparative Negligence in a Brain Injury Case

Liability in most personal injury cases in California, including brain injury cases, is determined based on negligence. Legally, negligence is defined as the failure to use reasonable care to prevent harm to oneself or others. Essentially, California law states that when a person or entity commits a negligent act and it causes an injury, they can be held responsible for the losses caused by the injury. 

California is what’s known as a comparative negligence state. In essence, this means that negligence can be determined in percentages, so more than one party could be found negligent (and therefore liable) in an injury case. Negligence can be committed by a person, a company, a government agency, a group, or any combination of these types of individuals and entities. 

To prove negligence in a California personal injury case, you need to prove three things:

  1. The defendant owed the injury victim a duty of care (a duty to provide reasonable care to prevent harm). 
  2. The defendant failed to provide the injury victim with a duty of care. 
  3. The defendant’s failure to provide a duty of care caused the injury victim’s losses. 

Since California is a comparative negligence state, you also want to prove how much each party’s negligence contributed to the accident. This is especially important in cases where an injury victim may have been partially, but not entirely at fault for their injury. In California, a person who is partially at fault for an accident may still recover damages-- these damages will just be reduced by their percentage of fault. For example, if an injury victim is 10% at fault for an accident, they may have a $1,000,000 settlement reduced to $900,000. Retaining a personal injury attorney is particularly critical in cases where a victim is partially at fault for their injuries, since a personal injury lawyer will be able to advocate on the victim’s behalf and make sure that they are only assigned a percentage of fault that is correct and fair. 

Strict Liability in Faulty or Defective Product Cases

If a brain injury is caused by a faulty or defective product, strict liability laws would apply to the injury case. California has extremely strict product liability laws. If a defective product causes a brain injury, companies that were involved in the making or distribution of the product can be held strictly liable for the injuries caused by the product. This includes the product manufacturer, the product designer, and the seller of the product. 

There is no need to prove negligence in a product liability case. The fact that the product is defective is reason enough for liability in the state of California. However, you do still need to provide proof of the following: 

  • The defendant designed, manufactured, or sold a defective product. 
  • The defects present in the product were present when it left the defendant. 
  • The victim used the product in a reasonable way.
  • The defect caused the victim’s losses.
How to get damages in a brain injury lawsuit

Damages Available in a Los Angeles Brain Injury Case

People who have suffered a brain injury due to the actions of another party may be entitled to recover compensation for their losses. Brain injuries can vary widely in scope and severity, so each individual brain injury victim’s losses may be different. Accordingly, a brain injury settlement amount may vary widely from person to person. 

Depending on their unique situation, a brain injury victim may be entitled to compensation for:

  • Medical Bills
  • Future Medical Expenses 
  • Lost Wages
  • Loss of Future Income
  • Emotional Distress
  • Pain and Suffering
  • Loss of Enjoyment of Life
  • Loss of Consortium 
  • Property Loss

Some damages, like past medical bills, are easy to calculate. Other damages, such as a loss of quality of life or emotional distress, can be harder to put a dollar amount on if you’re unfamiliar with typical brain injury settlement ranges. However, an expert personal injury attorney that has experience settling and prosecuting brain injury cases will have a strong understanding of the monetary compensation an individual may be entitled to for these types of intangible losses.

left line design

How a Brain Injury Attorney Can Help You After an Accident

right line design
An attorney that specializes in representing brain injury victims can help victims and their families in a multitude of ways, including by:
Guiding You Through the Process
Filing a brain injury claim can be extraordinarily complicated, but a personal injury attorney will know the exact steps you need to take after your accident, as well as when you should take them. Your attorney will be there to serve as your guide through this challenging process.
Maximizing Your Compensation
A personal injury lawyer that has experience settling and winning brain injury cases will have a thorough understanding of the type of compensation you could receive for your past and future losses. A person injury attorney can use this knowledge to help you maximize the amount of damages you recover. A personal injury lawyer can also work to make sure you explore all the available avenues through which you may be able to recover damages.
Dealing With Insurance Companies
A personal injury attorney can deal with insurance companies on your behalf. They can file a claim and aggressively negotiate settlement amounts in order to ensure they make a fair offer that’s appropriate for your unique injury case.
Proving Fault and Damages
Unfortunately, people will typically not admit their guilt in a brain accident case. So, victims must furnish proof that a defendant is liable for the damages caused by an accident. They also must furnish proof of the amount of damages in order to recover that amount. A personal injury attorney will be able to help you furnish all available proof of fault and damages so that you have the best chance of proving a defendant’s fault and recovering maximum damages.
Filing a Lawsuit
Sometimes an insurance company refuses to offer a settlement amount that would be appropriate and fair in proportion to a victim’s injuries. When an insurance company refuses to negotiate in good faith, a brain injury trial lawyer can file a lawsuit to ensure that their client receives fair compensation for their losses.
Relieve Burden
Knowing that you have an expert advocate on your side can relieve a great deal of stress. When you know that you have an advocate fighting for you and making sure you are not taken advantage of, you can relax and focus on what’s truly important: your recovery and well-being.
left upright line design

Get Help From a Los Angeles Brain Injury Attorney

If you or a loved one has experienced a brain injury due to the negligent actions of another party, contact LA Lawyer’s Group today for a free case evaluation. Our dedicated, compassionate brain injury lawyers have extensive experience handling brain injury cases and they fight tirelessly to help our clients obtain justice. The brain injury attorneys at our Southern California law firm have helped brain injury victims recover compensation for losses such as medical expenses, pain and suffering, lost wages, lost future income, loss of enjoyment of life, wrongful death, and more.

Call LA Lawyers Group today at (213)LAWYERS (529-9377) to receive your free consultation with one of our Los Angeles brain injury lawyers.
Free Case Evaluation

L.A. Lawyers

4529 Sherman Oaks Ave
Sherman Oaks, CA 91403
Phone: (213) LAWYERS

Get Your Free Consultation:

Follow Us
© Copyright 2020 L.A. Lawyers. All Rights Reserved. 
| Sitemap