Traumatic brain injuries are a devastating result of accidents or acts of violence. Often, victims sustain life-changing effects reaching into just about every part of their lives. Physical and cognitive abilities are affected, as are relationships and psychological and financial well-being. After suffering a traumatic brain injury, victims’ perspectives of the future change from hopeful and exciting to unstable and frightening.
The Victorville brain injury lawyers at Moody Law work to bring hope back to brain injury victims by fighting to get them fairly compensated for the losses they have sustained. We are dedicated to upholding injury victims’ rights and holding negligent parties financially accountable for the damage they have caused.
Understanding Brain Injuries
Traumatic Brain Injuries (TBIs) occur “when a sudden external, physical assault damages the brain,” according to Johns Hopkins Medicine, and are “one of the most common causes of disability and death in adults.” Though their effects range from mild to severe, even TBIs considered mild, such as concussions, can have lasting consequences.
There are two main categories of TBIs: closed and penetrating. Closed injuries are non-penetrating–there is no breaking of the skull and no penetration or puncturing of the brain. They are caused when the brain moves back and forth rapidly inside the skull, causing brain tissue and blood vessels to bruise or tear. Penetrating injuries are also called “open head injuries” and occur when something breaks the skull and punctures the brain.
TBIs can produce “focal” damage, when only one area of the brain is affected, or “diffuse” damage, which affects more than one area. Sadly, as reported by Johns Hopkins Medicine, most research indicates that once destroyed or damaged, brain cells do not regenerate. Still, some recovery–especially for young people–is possible as undamaged parts of the brain work to compensate for the injured areas. That said, every injury is different, making it impossible to predict the extent of an individual’s recovery, and rehabilitation efforts are lengthy–a lifelong process for some.
How a Brain Injury Can Affect Your Life
The consequences of a brain injury are not only physical. As the brain plays a key role in governing and stabilizing a person’s physical, cognitive, and social-emotional well-being, the effects of brain injuries can reach into all those areas. The effects also come with financial costs, putting the victim and their household’s financial stability in danger.
Physical Effects
The possible physical consequences of a TBI are extensive. They include, but are not limited to:
- Paralysis or weakness
- Muscle spasms or tremors
- Loss of balance and coordination
- Decreased endurance and limited mobility
- Changes in the ability to see, hear, taste, touch, and smell
- Difficulty swallowing or speaking
If the brain cannot communicate with body systems effectively, those systems can fail. For example, victims may not be able to breathe without artificial help or may lose control of their bladder and bowel functioning.
Cognitive Effects
Victims can experience cognitive effects along with physical consequences or alone. Resulting cognitive problems can include:
- Confusion and shortened attention spans
- Memory problems
- Reduced ability to problem solve, think critically, or make judgments
- Inability to follow more than a one-step direction
- Diminished self-awareness or awareness of others
Social-Emotional Effects
These consequences often appear as changes to personality and the victim’s ability to interact appropriately with others. For example, they may have difficulty making and keeping friends, be unable to “read a room” or recognize social cues, show irritability or apathy, act impulsively, and lack the ability to regulate their emotions. It is not uncommon for TBI victims to experience anxiety and depression.
Financial Effects
These effects reduce a person’s capacity to work and demand significant medical treatment and care. The inability to work and earn, at least in the capacity they once did, along with the likely loss of medical insurance and the increased medical bills, put victims in severe financial straits.
Securing the financial resources needed to maintain access to care and keep food on the table and a roof overhead is critical to TBI victims and their families. If you or someone you love has sustained a TBI, reach out to an experienced brain injury lawyer who can fight to get those resources by holding those accountable for causing these extensive damages.
How Brain Injuries Happen
Brain injuries can happen in just about any situation, unfortunately. Though it is no surprise that violent accidents or events can lead to brain injuries, even a simple slip or fall can produce devastating results. The National Institute of Neurological Disorder and Stroke (NINDS) reports several leading causes of brain injuries.
Falls
Whether from a high place, downstairs, or on a patch of slick pavement, the Centers for Disease Control and Prevention (CDC) cites falls as the most common cause of TBIs, as reported by NINDS. Older adults and young children are the most vulnerable.
Blunt Force
Events where victims are struck by or struck against an object often produce TBIs. Sports-related injuries fall into these categories. Football and hockey players, for example, continuously crash into each other or the ground. Construction workers are also at high risk for these events as construction sites are equipped with machinery used to move heavy equipment or materials from one place to another, and workers can be struck by those machines or materials.
Motor-Vehicle Accident
Drivers, passengers, pedestrians, and cyclists are all at risk for TBI if involved in a motor vehicle accident. Clearly, pedestrians and cyclists are least protected upon impact with the vehicle or roadway, but drivers and vehicle occupants also face a high potential for injury. The force of the impact alone can cause the head to whip violently back and forth, and victims may experience blunt force trauma when struck by or slammed into part of the involved vehicles.
Acts of Violence
Some TBIs are caused by acts of domestic or child abuse, such as shaken baby syndrome. Gunshots, beatings, or penetrating the skull and brain with a weapon can all produce serious TBIs whether the victim is intended or unluckily caught in the crossfire.
Explosions
Explosions are not everyday occurrences for most people. For those involved in the military or those working on construction sites, blasts from roadside bombs or demolitions bring the threat of TBIs.
Before accepting offers of compensation from insurance companies or other entities, speak with a Victorville traumatic brain injury attorney from Moody Law. Your attorney will evaluate your situation and determine the true value of your case, and protect you from agreeing to offers that do not serve your best interests.
What Compensation for a Brain Injury Covers
When you experience a TBI, you typically sustain extensive losses. The potential compensation for a brain injury caused by someone else’s negligence can also be extensive. While the particulars of each case are unique, you can expect your traumatic brain injury lawyer in Victorville to pursue compensation covering:
- Medical bills and future care needs. Your attorney will consult with your medical team and other medical experts to anticipate your continuing costs. Since brain injuries can lead to other body-system failures or complications, it is important to consider all likely outcomes
- Loss of income. The effects of your injury will require time away from work to recover and may prevent you from ever returning to work in “full” capacity or at all. Your attorney will calculate your lost wages and lost future earnings and benefits
- Property damage. If you sustained your injury in a motor vehicle accident involving your vehicle, your vehicle may require repair or replacement
- Other related costs. You may be unable to fulfill other responsibilities, such as childcare, driving, or managing household duties, temporarily or permanently. The expense of hiring others to fulfill these responsibilities will be factored into the settlement demand
- Pain and suffering. Your physical pain and emotional suffering matter and deserve acknowledgment
- Reduced quality of life. The effects of your TBI can diminish or destroy your ability to care for yourself independently, take part in social gatherings, engage in vacations, special events, or recreational activities as you once did, decreasing your overall enjoyment of life
Valuing your losses is a challenging process best left in the capable hands of experienced traumatic brain injury lawyers. Your attorneys will assess your situation with great care and compassion and with an eye toward the future, working to ensure all your needs are met, and justice is served through your compensation.
Brain Injury Settlement Amounts
Settlement amounts vary from case to case and depend on several factors. While no one can predict your settlement amount, you can count on the Victorville, CA, TBI attorneys from Moody Law to fight for the highest settlement amount possible.
California’s Pure Fault System
California’s pure comparative fault system allows victims injured by another person’s negligence to seek compensation from the at-fault party to cover their (the victims’) damages, even if the victim bears some fault for the incident leading to those damages, as established in California Civil Jury Instructions (CACI) item 406. However, if the victim does hold fault, the compensation they collect can be reduced by that percentage of fault.
As a victim, you need to be prepared for the at-fault party’s representatives’ efforts to assign you blame–even unfairly–so they can reduce their payout. By partnering with a TBI attorney, you protect yourself from falling prey to those tactics and your settlement from an unfair reduction. Your attorney will fight to defend you from inflated blame and to keep your settlement intact.
Injuries and Consequences
The extent of your injuries and their consequences have a significant bearing on your settlement amount. The more debilitating your injuries, and the more they prevent you from doing, the higher your potential settlement amount. A skilled TBI lawyer will recognize these consequences and consider their future implications when calculating a fair settlement amount.
Quality Representation
For a positive outcome to your case, trust your case to Victorville TBI lawyers who:
- Have a comprehensive understanding of California’s personal injury laws
- Have the experience and resources to gather extensive and convincing evidence
- Are highly skilled negotiators
- Are prepared to argue your case in court if needed
The attorneys at Moody Law have these abilities, are dedicated to fighting for the rights of California’s injury victims, and look forward to partnering with you.
How Victorville Brain Injury Lawyers Can Help
Connecting with skilled traumatic brain injury attorneys as soon as possible after a TBI puts you in the best position to see a positive outcome to your case. California has a two-year statute of limitations for suing the negligent party whose action–or inaction–led to your TBI and resulting damages. To give your brain injury attorneys time to investigate your case and still file within that deadline, connect with Moody Law promptly.
While you focus on recovering and adjusting to the many changes affected by your injury, your attorney will:
- Investigate the event leading to your accident and identify the negligent party
- Collect evidence to prove the at-fault party’s negligence caused the accident leading to your injuries and damages
- Calculate your losses and send a demand letter to the at-fault party’s representatives
- Complete all legal filings within California’s deadline
- Negotiate with the at-fault party’s representatives to come to a settlement agreement out of court
- Represent you at all court proceedings if the at-fault party refuses to make a fair offer, and you must take your case to trial
Securing representation from a skilled brain injury attorney in Victorville can make a world of difference to your case and your future. Our team will work tirelessly to bring you substantial results.
We Are Ready to Get to Work
There is so much to deal with after an accident causing a TBI. Attending medical appointments and getting treatment, working with employers and human resources, finding coverage for life’s everyday responsibilities, and worrying about what the future holds are all part of the overwhelming aftermath. Making another phone call might not be what you want to do, but calling or messaging Moody Law for a free consultation is an important step in potentially resolving some of your worries. An experienced, attentive traumatic brain injury lawyer from our team will work to get you a settlement to cover the many losses you have sustained, bringing a measure of justice and restoring a sense of hopefulness to your future.