Traumatic brain injuries (TBIs) are a serious public health concern, affecting millions of people each year. The impact of these injuries can range from mild concussions to severe brain damage, profoundly affecting the victim’s quality of life. The Centers for Disease Control and Prevention (CDC) reported over 69,000 fatalities due to TBIs in 2021. That is roughly 190 TBI-related deaths each day. If you or someone you love has sustained a TBI due to the negligence of another party, you may be able to recover compensation for your damages and losses.
At Salamati Law, we understand the physical, emotional, and financial toll a TBI can take on individuals and their families. However, a successful settlement or verdict can provide victims with the financial means to move forward. Schedule a free consultation today with an experienced traumatic brain injury attorney in Los Angeles.
Tenacious Advocacy from a TBI Lawyer
A TBI may require years of intensive rehabilitation and recovery– a daunting prospect for even the most financially stable victims. Hospital and medical bills can quickly pile up, putting some at risk for bankruptcy and home foreclosure. For this reason, it’s imperative to choose a lawyer who will advocate on your behalf, fighting tirelessly for the maximum value of your claim.
You can rely on our in-depth expertise in personal injury and premises liability law, which enables our team to pursue every channel of legal recovery. Over the past decade, we have procured millions in verdicts and settlements for our clients– helping them overcome a catastrophic injury with dignity and the economic means to get the best treatments available. We provide aggressive, client-focused advocacy through every aspect of the legal process, allowing victims to focus on their health and recovery.
Common Causes of TBIs
A TBI is a sudden injury to the brain caused by an external force, such as a blow, bump, or jolt to the head or a penetrating injury. TBIs can range from mild (like a concussion) to severe, leading to long-term cognitive, physical, and emotional impairments. The most common causes of TBIs include the following:
- Slip & Fall Accidents
- Motorcycle Accidents
- Car Accidents
- Truck Accidents
- Construction Accidents
- Bike Accidents
The Long-Term Impact of a Traumatic Brain Injury
The long-term effects of a traumatic brain injury (TBI) can vary depending on the severity of the injury and the area of the brain affected, which can include:
- Physical Limitations: For many, mobility becomes a significant challenge. Muscle weakness, spasticity, and poor coordination can make basic motor functions difficult or impossible without assistance. This may lead to the use of mobility aids like canes, walkers, or wheelchairs, and in severe cases, reliance on caregivers for daily tasks.
- Chronic Pain: Chronic pain is another common consequence. Persistent headaches, nerve pain, and muscle stiffness can persist for years after the initial injury.
- Cognitive Impairments: For many, a TBI can disrupt the ability to think clearly, causing trouble learning new things, remembering important details, making decisions, or solving problems.
- Sensory Disturbances: TBIs often disrupt sensory functions. People might experience double vision, changes in taste, persistent ringing in the ears, or unusual sensations like tingling or pain. These disturbances can affect the overall quality of life.
- Communication Challenges: Speaking, reading, or writing may be difficult. This can make social interactions and professional tasks more difficult, adding another layer of frustration to daily life.
- Behavioral Changes: Behavioral issues are common, including difficulties in managing social situations, maintaining relationships, and exercising self-control, such as dealing with anger or frustration.
- Emotional Effects: The emotional toll of a TBI can be significant. Many experience ongoing depression, anxiety, mood swings, or irritability.
The long-term effects of TBI require comprehensive management and support to address the complex and evolving challenges.
The Legal Process for TBI Cases in Los Angeles
While the fact pattern of every traumatic brain injury (TBI) case is different, the legal process typically involves several key steps:
Filing a Lawsuit
A personal injury lawsuit is typically filed by your lawyer in the civil court of the jurisdiction where the injury occurred or where the defendant (the party being sued) resides or conducts business. Depending on the nature of the case and the amount of damages sought, the lawsuit may be filed in either a state or federal court. Your lawyer will choose the appropriate venue based on these factors.
Gathering Evidence
Your Los Angeles traumatic brain injury lawyer will gather a range of evidence to establish the extent of the injury, its impact on your life, and who is responsible. This evidence typically includes:
- Medical Records: Comprehensive documentation of the diagnosis, treatment, and prognosis of the brain injury, including hospital records, imaging scans (CT or MRI), and reports from neurologists or other specialists.
- Expert Testimony: Opinions from medical experts, including neurologists, neurosurgeons, or rehabilitation professionals can explain the severity of the injury and its long-term effects.
- Witness Statements: Testimonies from people who witnessed the accident or have observed changes in your behavior, cognitive abilities, or quality of life after the injury.
- Accident Reports: Documentation from police reports, workplace incident reports, or other official records that describe how the injury occurred and who was involved.
- Economic Evidence: Evidence of financial losses, such as medical bills, lost wages, and future earning capacity, often supported by financial experts or economists.
- Personal Testimony: Your own statements, along with those of close family or friends, detailing how the injury has affected your daily life, emotional well-being, and ability to function normally.
- Photographic and Video Evidence: Visual records that may include photos, video surveillance, or images of the injured party’s physical condition before and after the incident.
Negotiating with Insurance Companies
A traumatic brain injury (TBI) lawyer negotiates with insurance companies by presenting a strong, evidence-backed case that highlights the severity of the injury and its long-term impact. The process typically involves the following steps:
Your lawyer sends a formal demand letter to the insurance company outlining the facts of the case, the liability of the responsible party, and the amount of compensation sought. This letter is supported by detailed evidence, including medical reports, expert testimonies, and financial losses.
During negotiations, they anticipate and counter the insurance company’s tactics, such as undervaluing the claim or disputing liability, and may present further evidence or expert witnesses to solidify your position.
Insurance companies often start with low settlement offers. A skilled lawyer rejects these offers, countering with a demand that reflects the claim’s true value based on the evidence presented. If negotiations stall or the insurance company refuses to offer a fair settlement, your lawyer may file a lawsuit. The threat of a trial can put pressure on the insurer to settle, as trials are often costly and risky for them.
Types of Compensation Available for Traumatic Brain Injuries
The damages awarded in TBI cases generally fall into three categories: economic, non-economic, and, in some instances, punitive damages.
Economic Damages
Economic damages cover the tangible and quantifiable financial losses that result from a TBI and may include past, present, and future medical costs, lost wages, and diminished earning capacity.
Non-economic Damages
Non-economic damages refer to compensation awarded for losses that do not have a clear monetary value. These damages address an injury’s subjective, intangible impacts, such as pain and suffering, emotional distress, loss of consortium, and loss of enjoyment of life.
Punitive Damages
Punitive damages punish the defendant and deter future harmful actions, influencing the overall settlement amount. However, they are only granted in cases where the defendant’s actions go beyond negligence and involve willful misconduct or gross indifference to the safety and rights of others. If you believe your case may involve punitive damages, it is essential to work with a skilled serious injury attorney who can effectively present the case for these damages.
Building a Strong Case
When pursuing a TBI case, our team works to prove that the defendant’s negligence led to your injury. It requires thoroughly investigating how their actions—or failure to act—led to your injury. We delve into the specifics of the incident, carefully analyzing how they breached their duty of care. For example, in a car accident, we evaluate key factors like excessive speed, distracted driving, or driving under the influence, all of which may contribute to establishing negligence.
Because TBIs often present complex, invisible, or delayed symptoms, building a compelling case requires more than just physical evidence. We work with some of the top neurologists, brain injury specialists, and medical professionals who can clearly articulate the severity of your injury and provide in-depth medical insights. These experts help explain the intricacies of brain injuries, making it easier for judges and juries to understand their profound effects on your daily life, health, and future.
With lifetime care and treatment costs potentially reaching millions of dollars, victims must obtain full and fair compensation. Salamati Law is committed to ensuring that your financial recovery reflects the true scope of your injury, providing the resources you and your family need to navigate the road ahead.
Contact Salamati Law for a Free Consultation
After suffering a traumatic brain injury, you need legal representation of the highest caliber. Mounting hospital and medical costs can yield an uncertain future for victims and their families. Call us to schedule a free, no-obligation consultation with a Los Angeles brain injury attorney at Salamati Law. We will determine if you have grounds for filing a personal injury or premises liability claim. Since we work on a contingency basis, there are no legal fees unless we recover compensation. Reach out today. Se Habla Español.
