A traumatic brain injury (TBI) is a type of injury that occurs when an external force causes damage to the brain. This force can be a result of various incidents, such as a fall, a motor vehicle accident, a sports injury, or an assault.
TBIs can range from mild to severe, depending on the extent of the damage and the symptoms experienced by the individual. In severe cases, a traumatic brain injury can lead to long-term or permanent disabilities, such as persistent cognitive impairments, motor deficits, or communication difficulties. Recovery from a TBI depends on various factors, including the severity of the injury, the individual’s overall health, and the effectiveness of rehabilitation efforts.
Some accidental traumatic brain injuries can be due to the victims own negligence, however, if another person’s reckless or intentional action has caused you or a loved one to suffer from a traumatic brain injury, they may be held liable in a court of law. Contact us today to seek advice from our California brain injury lawyers. Paul Rosenbaum and Associates is dedicated to fighting for the rights of traumatic brain injury victims.
Filing a case with a brain injury attorney may be necessary in certain situations for several reasons:
Brain injury cases can be complex, and having an attorney who specializes in this area of law ensures that you have someone with the necessary knowledge and experience to handle your case effectively. They understand the legal processes involved, can navigate the complexities of insurance claims, and can provide guidance based on their expertise.
A brain injury attorney can help determine who is responsible for the injury. They will investigate the circumstances surrounding the incident, gather evidence, interview witnesses, and consult with experts if needed. Establishing liability is crucial for seeking compensation and holding the responsible parties accountable.
Advocacy and Representation
Dealing with insurance companies, legal procedures, and negotiations can be overwhelming, especially while coping with a brain injury. Having a brain injury attorney on your side provides you with an advocate who will represent your interests and fight for your rights. They can handle the legal aspects of your case, allowing you to focus on your recovery.
Access to Resources
Brain injury attorneys often have access to a network of medical experts, rehabilitation specialists, and other professionals who can provide valuable support for your case. For example, if you have endured a traumatic Brain Injury (TBI) you may wonder “Will insurance pay for rehab?” Our brain injury lawyers can help you find the necessary resources for your recovery and collaborate with these experts to build a strong case on your behalf.
Brain injuries can have severe and long-lasting consequences, resulting in significant medical expenses, lost wages, rehabilitation costs, and emotional distress. An experienced attorney can assess the full extent of your damages and work to maximize your compensation. They can negotiate with insurance companies, calculate the value of your claim, and pursue legal action if a fair settlement cannot be reached.
If the careless or malicious actions of another resulted in physical trauma, such as a traumatic brain injury, you likely have just grounds to seek financial restitution. Recovering financial Restitution for a brain injury can compensate you for:
In addition, the court may also award punitive damages. Receiving these depends on the facts of your situation or case and are awarded in order to punish the responsible party while simultaneously discouraging others from similar egregious actions.
To pursue restitution, you will need an experienced, skilled, and knowledgeable catastrophic injury lawyer. With over 30 years of experience, Paul Rosenbaum is there to guide you through the litigation process to help you pursue damages for your losses.
In California, there is a legal deadline, known as a statute of limitations, for filing a traumatic brain injury (TBI) lawsuit. According to the California Code of Civil Procedure, an individual has 2 years from the time of injury to file suit. (CCP § 335.1) This means that a lawsuit must generally be filed within two years of the incident that caused the brain injury. If the lawsuit is not filed within this timeframe, the court may dismiss the case, and the injured person may lose their right to seek compensation.There are, however, several exceptions listed below:
Age of the Injured Person
If the injured person was a minor at the time of the injury, the statute of limitations may be tolled (paused) until they reach the age of 18. Additionally, in cases involving medical malpractice or government entities, different rules and deadlines may apply.
If you have been injured due to medical malpractice, you have 3 years from the date of injury, or 1 year after you discover the injury, whichever occurs first. (CCP § 340.5)
Exceptions to this may extend the statute of limitations and may include: Fraud, Intentional Concealment, or the presence of a foreign body which has no therapeutic or diagnostic purpose or effect, in the person of the injured person. (CCP § 340.5)
If you are filing a suit against government agencies or offices for personal injury/death cases, you must file an administrative claim within 6 months of the date of injury. (Gov code 911.2) The government then has 45 days to respond to the claim. (Government Code section 912.4)
If they deny your claim, you then have six months from the day you were given the notice to file a suit in court. (Government Code sections 912.4, 912.6)
If they do not respond, you then have 2 years from the date of the incident to file in court. (Government Code section 945.6a)
Given the complexity of legal deadlines and the potential variations based on individual cases, it’s crucial to consult with a personal injury attorney experienced in traumatic brain injury cases as soon as possible. Get in touch with us today so that we can help provide specific guidance regarding the applicable statute of limitations and help ensure that your rights are protected within the required timeframe
There are several common types of traumatic brain injuries (TBIs) that can occur as a result of different types of accidents or incidents. Here are some of the most common types:
These are just a few examples of common traumatic brain injuries, and the severity and long-term effects can vary widely depending on the individual case. It is important to seek medical attention if a TBI is suspected, as proper diagnosis and treatment are crucial for the best possible outcome.
A brain injury can occur at home, work, on the road or on another person’s property. Here are some of the most common places and reasons where and why accidents resulting in TBIs can occur:
Regardless of if it was intentional or due to carelessness, traumatic injury victims are often able to file a lawsuit to receive compensation. Get a free consultation today and see if your case may qualify.
The effects of a traumatic brain injury can vary widely and may include physical, cognitive, emotional, and behavioral symptoms. Physical symptoms can include headaches, dizziness, nausea, fatigue, and sensory disturbances. Cognitive symptoms may involve difficulties with memory, attention, concentration, and problem-solving. Emotional and behavioral changes may include mood swings, irritability, depression, anxiety, and changes in personality.
If you or a loved one has experienced a traumatic brain injury from a preventable traumatic event, it’s important to seek experienced legal representation with a strong and extensive understanding of the laws and legal systems governing these claims. Our attorneys offer all of this and more, and will fight hard on your behalf to maximize your potential compensation.
Our attorneys will manage the entire process of your claim. They will see you through investigating to arguing your case to a judge and/or jury. Rest assured they will work tirelessly in their efforts to aid you in successful financial recovery. Contact us today to schedule a confidential consultation for your brain injury case.