A traumatic brain injury can occur from various causes, such as a car accident or aggressive contact sports. Victims may seem fine initially but develop debilitating conditions without warning. If you or a loved one have experienced a catastrophic injury like this and someone else is at fault, you need guidance to secure the help and compensation you need.
The team at Moody Law is ready to listen to your story and connect you with a qualified brain injury lawyer to manage your case. We are dedicated to each client’s emotional, physical, and financial recovery when they suffer the consequences of someone’s careless or negligent actions. Contact us today to schedule your free consultation and learn more.
Why Choose Moody Law for Your Brain Injury Case
Of the many kinds of injuries you could suffer, ones affecting the brain are some of the most impactful on all aspects of your life. You may lose physical ability, cognitive function, or a combination of the two. You could need to learn to walk or talk again. All this takes a tremendous amount of time and effort, leaving you with very little for dealing with an insurance claim or lawsuit.
Our team of brain injury attorneys have the background and knowledge to tackle these complex issues while you focus on your healing. Once we understand your circumstances, we can help you through a number of services we provide, including:
- Analyzing and presenting the evidence to support your case
- Calculating an appropriate damages demand
- Collecting all relevant evidence
- Demonstrating proof of negligence
- Determining all parties who bear liability
- Filing insurance claims correctly and on time
- Investigating how your injury occurred
- Managing your case and fighting fiercely for you in court
- Negotiating with insurance representatives for a fair settlement
- Presenting expert and witness testimony regarding your condition and the circumstances that caused it
- Pursuing all avenues for compensation
With an extensive background in the law, Josh Moody has spent time as a deputy, detective, and attorney in California. He puts the investigative skills and tenacity he developed in uniform to work helping his clients in the courtroom. He has built a top-notch team of TBI lawyers to serve the needs of their communities with skill and care.
How Brain Injuries Happen in California
The truth is, you can suffer a brain injury in nearly any situation where you hit your head or suffer violent trauma. However, there are some common instances where a brain injury is a likely outcome, such as:
The National Highway Traffic Safety Administration (NHTSA) estimates that 42,795 people died in motor vehicle traffic crashes in 2022. Many of those deaths are the result of a traumatic brain injury (TBI), and car accidents are the leading cause of TBI-related death for individuals aged 5-24.
Head-on, rear-end, T-bone, and rollover accidents carry the greatest risk of suffering a TBI since victims can be thrown from the car or be hit by objects inside the passenger cabin.
Slip-and-Fall or Trip-and-Fall Accidents
These kinds of accidents happen at home, while shopping, or even when traveling. They usually result from a hazard that has not been cleaned up or fixed, causing the victim to slip or trip and injure themselves when they fall. Brain injuries are very common in these incidents.
For example, slipping on water leaking from a cold food storage unit in a grocery store could cause you to hit the storage unit or floor with your head. The resulting concussion or more serious condition could lead to significant health concerns. In a premises liability case like this, the owner, manager, and potentially employees of the store could be held accountable for their negligence.
Contact sports such as football, soccer, boxing, and rugby are commonly associated with impact injuries by their very nature. However, individual sports, such as skateboarding, skiing, diving, and horseback riding, also carry a substantial risk of brain injury, even when the participant uses appropriate safety gear.
The Centers for Disease Control and Prevention (CDC) reports that an average of 283,000 annual ER visits are due to brain injuries related to sports and recreation activities. As many as 45% of TBIs result from contact sports, with 47% of concussions diagnosed in football players.
Assault or Violence
A source of traumatic brain injuries that many people overlook is when an individual is the victim of a crime or domestic violence. Being assaulted or mugged puts you at great risk of suffering a brain bleed, concussion, or damage to your skull. In domestic violence situations, the victim may be battered or beaten repeatedly, leading to progressive brain injuries.
Regardless of how you were harmed, you will need experienced and compassionate guidance from a reputable brain injury attorney like Josh Moody. We are ready to examine your case and determine how to support your recovery.
Different Types of Traumatic Brain Injuries
It is possible to suffer several different types of traumatic brain injuries. Some may be clearly apparent at the time of your accident, while others may take time for their symptoms to appear. If you suspect you have suffered a TBI, you should seek medical care immediately to either diagnose or rule out what could be a life-threatening condition.
Closed-Head Brain Injury
These are the most common kind of TBI. You may hit your head when you fall, perhaps slam into an open cabinet door, or be hit when an object falls off a shelf. The impact on the skull can cause damage to the brain inside. There may be no apparent symptoms at first, but the victim may later experience headaches, nausea, vomiting, and memory loss.
If you have suffered a closed-head brain injury, you should seek continued treatment and think back to what may have caused the problem. If someone else is to blame for your injury, you may be eligible to pursue an insurance claim or lawsuit for compensation with the help of a traumatic brain injury lawyer.
Penetrating Brain Injury
These injuries are often dramatic and life-threatening. When a foreign object penetrates the skull and brain, not only can the victim suffer a loss of movement control or cognitive ability, but they can be at risk for infection. Diseases like meningitis can increase the chance of death.
These conditions are far less common than injuries such as concussions, but they are more likely to occur as a result of someone else’s careless or malicious actions.
Diffuse Axonal Injury
A diffuse axonal brain injury describes damage that significantly affects a person’s cognitive functions. In many cases, the frontal lobe of the brain is damaged, leading to issues with memory, concentration, and the ability to process information. Victims of this type of brain injury may suffer dizziness, confusion, and slurred speech. They are at high risk of a coma.
When a Brain Injury Occurs Is Important
Brain injuries can be primary, meaning they happen suddenly and all at once, or secondary, meaning they develop over time. A primary brain injury has an immediate impact on the brain’s function, leaving victims unable to think clearly or control their physical movements. They may or may not lose consciousness.
Secondary injuries occur over the minutes, hours, and days following an incident. For example, swelling or bleeding of the brain after your head hits the window during a T-bone car accident could cause a primary injury of a concussion but also initiate a secondary injury when your brain swells. The compression on your brain, as it expands inside the skull, can lead to additional problems with the brain’s function.
Symptoms Associated with Traumatic Brain Injuries
When the damage to your brain is not immediately noticeable, such as with penetrating injuries, you may not realize you need medical attention until your health is at risk. Whiplash, a neck injury, is commonly associated with rear-end car accidents, but the same rapid back-and-forth movement can also cause a concussion.
Some common symptoms associated with an injury to the brain include:
- Difficulty swallowing or speaking
- Emotional irregularities, such as mood swings
- Failure to form sentences or understand others
- Inability to speak clearly
- Losing consciousness or struggling to stay awake
- Loss of coordination
- Memory loss
- Sleep disturbance
Your family members or friends may notice these conditions before you do. After a car accident or slip-and-fall, you may attribute these symptoms to fatigue. However, any change resembling these problems should be reported to your physician right away. A thorough medical exam can determine if you need treatment.
Building a Powerful Brain Injury Case With Moody Law
When someone else is at fault for your personal injury that results in brain damage, you need the services of a highly skilled traumatic brain injury lawyer. Your medical and other bills can skyrocket easily, and you may require extensive treatment over a long period to fully recover. You should not have to foot the costs yourself if the liable party can be identified.
Attorney Josh Moody works with a broad network of experts in medical, accident reconstruction, and other fields to fully investigate each case. We will ensure your injuries are diagnosed and treated, and we will draw up an estimate of your expected costs once your claim is settled.
Insurance companies strongly oppose paying out large claims, so they will try to deny responsibility. If you go up against them on your own, they depend on you not understanding the policy or how the system works. Instead, you can turn to our team to aggressively negotiate on your behalf. We gather robust evidence such as:
- Accident reconstruction reports
- Criminal records
- Driving records
- Expert testimony
- Medical records and receipts
- Scans, surgical notes, and recommendations
- Store accident reports
- Photos and video from the scene of your injury
- Police reports
- Witness statements
What Does It Cost to Pursue a Brain Injury Claim?
When you are recovering from a brain injury, you are already facing huge bills to pay for your medical care. You are also likely out of work until you are better. This is a challenging combination since you must take care of your needs and support your family. The thought of adding high legal fees to your concerns can be overwhelming.
Fortunately, our team recognizes this problem and takes steps to alleviate your worries. Attorney Josh Moody offers free initial case reviews so that you can learn about your options at no cost. Once you decide to hire our team, we negotiate our fees as a percentage of the settlement we secure for you.
This means that you do not pay an upfront retainer. You do not have to go into debt or borrow money to seek justice against those who hurt you. In fact, with our contingency fee structure, you do not pay us anything unless we do obtain a settlement or jury verdict for you. We are confident in our experience and dedication, and we are sure that you will be, too.
Types of Damages Victims May Claim in a Brain Injury Case
Seeking compensation in an insurance claim or lawsuit related to a brain injury depends on providing substantial evidence demonstrating negligence against the at-fault party. It also revolves around showing bills, receipts, and other documentation detailing all your economic and non-economic losses. Economic losses can include anything with a fixed price, such as medical bills, lost income and benefits, prescription medications, travel for treatment, and the costs of rehabilitation therapy.
Non-economic damages are less tangible but still significant. With brain injuries, these subjective losses include the loss of earning capacity, loss of enjoyment of life, inability to provide comfort and guidance to your children, isolation, grief, and depression. All the ways your life has been changed as a result of the brain injury can be included in your damage demands.
Because brain injuries can be so life-altering, the settlements are often very large. Victims may need lifelong medical care, unable to return to work. Their families could suffer a financial crisis, and this must be accounted for in the compensation the liable party pays. Each case is unique, so you will need to speak with an experienced brain injury lawyer to understand the full value of your specific case.
Contact Moody Law to Discuss Your Brain Injury Claim Today
The life of you or your loved one can be irrevocably changed after a traumatic brain injury. Fighting the insurance companies and defense attorneys on your own can be extremely stressful and difficult. You need a brain injury lawyer who is on your side throughout the entire process.
The attorneys at Moody Law will put the full force of their background, training, and skills to work for you and your family. Our team will listen to your story and begin building a claim with the aim of securing the best possible outcome. Contact us to schedule your free consultation today.