Traumatic brain damage and head injuries are known for being some of the most devastating types of injuries a person can endure. Even initially minor brain injuries can wind up having lasting consequences and leave victims with permanent disabilities or require around-the-clock care, thus altering the course of the injury victim. If you are going through something similar, you are not alone.
Working with our knowledgeable and trial-proven Hesperia brain injury lawyers at Moody Law could be the best way to get the financial support you deserve and ensure the liable party is brought to justice. With help from an experienced Hesperia personal injury attorney, you can fight for maximum compensation and start to pick up the pieces of your life. Contact our legal team to request a 100% free consultation today. When you do, you can learn more about whether you have grounds for a brain injury lawsuit, the value of your damages, and what to expect once you decide to file a personal injury claim.
Examples of Head Injuries and Brain Trauma
The type of head injury you experience could have a significant impact on the outcome of your case. While there is no one specific type of injury you must suffer to have grounds for a personal injury claim, the more your brain injuries have affected your life, the more you could reasonably expect to recover as part of your case. Your dedicated brain injury lawyer at Moody Law will have extensive experience handling many types of head injuries and brain trauma. Some of the most common types of brain injuries our clients have endured include:
- Anoxic brain injuries
- Brain hemorrhage
- Brain tumor
- Concussion
- Closed head injury
- Contusions
- Diffuse axonal injuries
- Edema
- Encephalitis
- Hematomas
- Hypoxic brain injuries
- Moderate traumatic brain injury
- Penetrating brain injury
- Second impact syndrome
- Shaken baby syndrome
- Skull fracture
- Stroke
These are just a few examples of brain injuries that could impact virtually every aspect of your life. If you are struggling with another type of head injury that was not included in the list above, do not feel discouraged. Do not give up on your claim. Contact our brain injury attorneys to discuss your legal options in greater detail and figure out what your next steps should be.
Traumatic Brain Injuries Can Be Caused by Various Types of Accidents
Working with a brain injury attorney may be the best way to maximize your financial compensation. You need an experienced legal advocate who has extensive knowledge of personal injury lawsuits and insurance claims. No matter what type of accident you were involved in, our intensive investigation into the cause of your injuries will help us reveal the identity of those responsible. Our clients have overcome countless types of accidents, incidents, and events. Some of the most common accidents known for resulting in traumatic brain injury and head trauma include:
- Animal attacks and dog bites
- Slip and fall accidents
- Work-related accidents
- Construction accidents
- Drunk driving accidents
- Medical malpractice
- Nursing home abuse and neglect
- Motorcycle accidents
- Commercial truck wrecks
- Car accidents
- Uber/Lyft accidents
- Pedestrian accidents
- Bicycle accidents
We are also prepared to help families who may have lost a loved one due to a fatal traumatic brain injury. Wrongful death claims are similar to personal lawsuits, with specific laws impacting how the case unfolds, types of recoverable damages, and parties who can collect damages, which requires considerable knowledge of California’s wrongful death laws. Find out whether you have grounds for a claim when you meet with our personal injury attorneys at Moody Law.
What to Expect From Your TBI Claim
It is not unusual for head injury victims to feel intimidated at the thought of demanding justice. After everything you have been through, you may have little energy or resources available to pursue your case. Fortunately, with a respected brain injury attorney on your side, you do not need to worry about any of the legal details regarding your case. Once you have a powerful legal advocate working for you, you can focus on your healing journey while our team works on helping you understand how the claims process works, investigating the cause of your injuries, and building a compelling case against the at-fault party.
Liability and Fault for Your Damages
Our traumatic brain injury lawyers make investigating liability and proving fault for your damages our top priority. The type of accident that caused your injuries will point us in the direction of those responsible. For example, if you suffered brain trauma in a motor vehicle wreck, one or more of the following parties could share responsibility for your damages:
- Negligent drivers
- Trucking companies
- Auto parts designers and manufacturers
- Motor vehicle dealerships
- The California Department of Transportation (Caltrans)
- Safety inspectors
- Motor vehicle technicians
- Auto parts distributors and retailers
- Cargo loaders
- The city of Hesperia
- Other third parties
Conversely, if your brain injury was caused by a slip and fall accident, we will more than likely turn to the property owner where the accident occurred to determine whether they failed to uphold their duty of care. You can rest easier knowing our team will complete an extensive investigation to figure out who should be held accountable for your losses.
Grounds For a Brain Injury Claim in Hesperia
Far too many brain injury victims hold themselves back from pursuing a claim because they believe they do not have legal grounds to stand on. However, you do not need to suffer a catastrophic injury or come close to death to be entitled to compensation when someone else’s negligence is responsible for causing your injuries.
Traumatic brain damage is difficult enough. You should not be stuck covering the costs if someone else is to blame. Your traumatic brain injury lawyer will review the way in which your injuries occurred to determine whether you have grounds for a claim. The elements of negligence must be present as follows:
- Duty of care
- Breach of duty
- Causation
- Damages
Essentially, we must present evidence that convinces the jury the defendant owed you a duty of care and made a decision or failed to take action, ultimately breaching their duty of care and causing you to endure significant injuries and damages. If we could show that another party’s negligence was the proximate cause of your brain trauma, the insurance company can be held accountable, and the jury and judge presiding over your case can compel the defendant to compensate you for every loss.
You May Have Multiple Legal Options Available
It is not unusual for brained victims to be overwhelmed by the claims process. You may have no idea how to get started or which legal options are most suitable for your case. Fortunately, our traumatic brain injury attorneys will closely evaluate your situation and craft a powerful strategy that aims to ensure you receive maximum compensation for your damages and suffering. Far too many head injury victims lose out on compensation they would otherwise deserve because they are not open to exhausting all opportunities for financial relief. Here are some of the top ways to demand the liable party compensate you for your losses:
Insurance Claim Filings
Filing a claim with the insurance company is one of the first steps in most brain injury claims. No matter what type of accident caused your brain injuries, liable parties will often have insurance coverage in place. For example, if you were injured in a work-related accident, your employer may have worker’s compensation insurance coverage. If you suffered brain trauma in a motor vehicle crash, the driver that hit you should have auto insurance coverage. If you were injured in a slip and fall accident on public or private property, the property owner should have homeowner’s insurance or general liability insurance coverage.
Unfortunately, insurance coverage is often not enough. The insurance company will only pay out up to the maximum required based on the policy terms. This means if the policyholder only purchased the minimum amount required, you may have excessive damages the insurer does not compensate you for. For example, California auto insurance laws require all motorists to have at least $30,000 per accident in bodily injury liability coverage. This is designed to cover your medical expenses after a car accident. However, if your medical bills are over $100,000, the insurance company will only be required to pay up to $30,000.
You can expect the insurance company to push back, as insurance adjusters will be looking for opportunities to protect the insurance company’s profits and pay out as little as possible on your claim. Your dedicated traumatic brain injury attorney will be fully prepared to handle these unscrupulous insurance company tactics. When you have your personal injury lawyer step in and handle the negotiations with the insurer, you can show the insurance company you mean business and protect yourself from being taken advantage of or tricked into settling for less than your brain injury claim is worth.
Personal Injury Lawsuits
Our TBI lawyers are always prepared to bring our client’s cases to trial. All too often, insurance coverage is not enough, and liable parties are unwilling to settle claims fairly outside of court. When the at-fault party does not have insurance coverage, does not have enough insurance coverage, or is otherwise unable or unwilling to offer to cover your expenses without going to trial, our team will be ready to advocate for your right to maximum compensation before a judge and jury.
The burden of proof in personal injury lawsuits is based on a preponderance of the evidence, so the Information and evidence we obtain throughout the course of our investigation will be valuable. In many brain injury claims, multiple parties can share culpability for the accident. Although your case may be more complex, if several parties are responsible for the injuries you sustained and your resulting damages, they can share the financial responsibility.
How Much Your Hesperia Brain Injury Claim is Worth
Every brain injury claim is different. Your TBI lawyer will discuss the various ways your life has been affected by the accident you were involved in and the brain injury you suffered to accurately calculate the value of your claim. There are a wide variety of damages that may be recoverable as part of your personal injury lawsuit and insurance claim.
Non-Economic Damages
Non-economic damages are some of the most difficult to calculate because they do not have a financial worth until they are quantified by your attorney. Just because non-economic damages do not have a monetary value does not make them invaluable. In fact, the considerable effect non-economic damages have on your life is precisely why they should be accounted for when calculating the value of your brain injury case. Some examples of non-economic damages that could be recovered include:
- Emotional distress
- Loss of consortium
- Pain and suffering
- Permanent disability
- Inability to participate in intimate relations
- Disfigurement and skin scarring
- Embarrassment
- Inconvenience
- Anticipation, apprehension, and fear
- Indignity and shame
- Diminished quality of life
Economic Damages
Your TBI attorney will also need to review your financial records, bank statements, receipts, and other official documents to determine the value of your economic damages. These are easier to calculate due to their fixed financial worth. Some potentially recoverable economic damages you could be entitled to a traumatic brain injury include:
- Total coverage of your current and future medical expenses
- Loss of income, wages, tips, employee benefits, and future potential earnings
- Personal property damages, including vehicle repair costs or replacement fees
- Damage to your credit score
- Increases to your health, life, and auto insurance premiums
- Other out-of-pocket expenses
Get Help From Our Experienced Brain Injury Attorneys Today
Our TBI attorneys have spent many long years advocating for our client’s rights to total financial compensation. Let us put our experience to work for you and your family. With Moody Law fighting for the highest payout possible, you have a chance to recuperate from your injuries without the weight of the world holding you back. Whether we need to negotiate an insurance settlement or present a compelling case before a judge and jury, our personal injury team will do everything possible to help you get through this difficult time in your life.
Are you ready to take charge of your future? Connect with a respected Hesperia brain injury lawyer at Moody Law today. Our firm is proud to serve all of Hesperia, Victorville, and injury victims across Apple Valley. Complete our convenient contact form or call our office to schedule your free, no-obligation consultation.