Brain injuries are one of the most serious types of injuries that can result from vehicle collisions. Brain trauma often requires extensive medical treatment and rehabilitation, which can have a profound impact on the victim’s financial stability. Understanding your rights and options for compensation is essential to securing long-term medical care and mitigating the economic impact of the required treatment.
In this blog, you will learn everything you need to know about brain injuries, their common symptoms, and the steps you need to take to pursue compensation. With the support of HHJ Trial Attorneys, you can protect your financial security and recover the damages caused by your injury.
Understanding Brain Injuries From Car Accidents
Vehicle collisions are one of the leading causes of traumatic brain injuries. The sudden impact of a crash can cause the brain to ricochet within the skull, which can lead to multiple brain-related injuries like concussions and contusions. Brain damage can also result from penetrating injuries from debris that can cause skull fractures and severe trauma.
The effects of brain injuries can range from temporary symptoms to permanent disabilities that impact every aspect of the victim’s life. After such significant injuries, it’s often difficult for the affected person to continue working and maintain relationships with friends and family.
Recognizing Brain Injury Symptoms
Brain injury symptoms can be noticeable immediately, which is typical of penetrating injuries because they have outward physical signs. However, some symptoms may not be immediately apparent and only present later. Common symptoms include persistent headaches, memory problems, and difficulty concentrating.
Many brain injury victims first notice changes in mood or personality, along with balance issues and sleep disturbances. Additional symptoms of a potentially undiagnosed brain injury include sensitivity to light or sound, nausea, and dizziness, all of which can interfere with the patient’s ability to function as they did before.
Due to the possible late onset of brain injury symptoms, it is crucial to seek medical attention after an accident. Even if you feel unharmed initially, proper documentation of your injuries and symptoms will play a vital role in future legal claims.
Your Legal Rights After a Brain Injury
If you’ve suffered a brain injury due to another person’s negligent actions, you can seek compensation for your damages. Medical expenses typically comprise the most significant portion of these damages, including emergency room, diagnostic testing, hospital stay, and rehabilitation costs. You may also be entitled to compensation for ongoing medical care and any anticipated future medical expenses.
Lost income is another crucial compensation category, which includes your wages lost during recovery, reduced earning capacity, lost benefits, and the costs of career retraining. Additionally, non-economic damages are common and can cause as much harm as economic damages. Pain and suffering, emotional distress, loss of consortium, and mental anguish all qualify as non-economic damages that can result from traumatic brain injuries.
The Legal Process for Brain Injury Claims
To secure fair compensation for a brain injury, victims must navigate a complex legal process that can be physically and emotionally taxing. Most cases begin with insurance negotiations, in which insurers try to minimize their client’s liability because brain injury damages can be substantial. While working with an attorney is not required, their experience and education can ease the burden of these negotiations.
Your brain injury attorney will collect crucial evidence for your defense to prove the extent of your damages. The needed evidence includes medical records, accident reports, witness statements, income documentation, and expert testimonies. Your attorney will use their negotiation skills and the evidence gathered to ensure you are not pressured into accepting an unfair settlement offer.
If a fair settlement cannot be reached through negotiation and mediation, your case may proceed to court. The litigation process involves filing a formal lawsuit, conducting investigations, and participating in court proceedings, after which the judge or jury will determine your compensation.
Time Limitations
The statute of limitations is when you can pursue a case after the initial injury. This timeframe can vary as brain injury symptoms may only present after the statute has expired. However, filing after the deadline requires additional evidence proving when the injury was discovered and why a case wasn’t filed initially.
The official timeframe varies depending on the regulations in your state. In California, the statute of limitations for filing a brain injury lawsuit is two years from the date of the injury. This time limit is another important reason for seeking medical attention immediately. Diagnostic scans can catch many subtle brain injury markers before the symptoms become apparent to the patient and their family.
Protecting Your Rights After an Accident
There are several steps you should take immediately to protect your rights after suffering a brain injury in a car accident. As discussed, seek professional medical attention as soon as possible. Once you have seen a doctor, follow their treatment recommendations to the letter. Your claim may be dismissed if you do not follow your treatment plan and go to your appointments.
Next, you must document everything related to your accident. Maintain records of all medical expenses, prescriptions, scans, surgeries, treatments, psychological counseling, rehabilitation, etc. It can be helpful to keep a journal tracking your recovery and mental state that can be referenced when you make your claim.
Protect Your Future
While no amount of money can make up for a traumatic brain injury, fair compensation can secure your future and protect the financial security of your family. Compensation will give you access to quality medical care, long-term care needs, and family support.
Every brain injury case is unique, and the outcome of your case will depend on various factors, including the severity of your injury and the strength of your evidence. Working with a qualified legal professional will assure you the compensation you receive is what you deserve.
To schedule a free consultation, contact HHJ Trial Attorneys. Our experienced attorneys will offer the expert guidance and support you need to successfully navigate your brain injury claim. We handle the legal complexities so you can focus on your recovery.
