Traumatic Brain Injury (TBI), as well as other brain-related injuries, affects hundreds of people daily. If you’re a victim of a brain injury caused by a third party’s thoughtless or wrongful actions, in a traffic accident, you may face complications in recovery. While nothing can reverse your suffering, a personal injury lawsuit can help you obtain the compensation you deserve to regain your life.
The process may not be simple, but the right team can assist you on your journey. HHJ Trial Attorneys can do just that. This guide will demonstrate how we can help you build a solid case for your California-based injury lawsuit.
What do I need to prove to win a TBI lawsuit in California?
The majority of TBI cases require you to prove negligence of the party that caused your injury. This proof is composed of four components:
- Duty of care: The defendant owed the victim a legal duty of care
- Breach of duty: The at-fault party breached that duty by failing to act with the lawful level of care
- Causation: The breach of care caused the accident
- Damages: The plaintiff suffered actual harm as a result of the breach
It’s imperative to prove all four components for a successful lawsuit. Having an experienced attorney is beneficial for a successful outcome.
What evidence supports a traumatic brain injury claim?
Proving negligence in TBI cases is rarely straightforward because these injuries are often ‘invisible’ to the naked eye, and symptoms may not appear or be diagnosed until days or weeks after the accident.
You may feel as if your injuries aren’t serious, but it’s vital to seek professional medical attention to assess the extent of the damage. Receiving an immediate healthcare check after an accident will provide beneficial evidence that can support your claim. A testimony from a certified medical practitioner of your injury assessment and findings is some of the best evidence in proving your injuries and claiming damages in court.
Other forms of evidence you need to support your claim include:
- Police reports
- Statements from the conflicting party involved in the accident
- Footage of the accident itself
- Photos of the scene
- Statements from third-party individuals or eyewitnesses
It’s essential to follow the recommended treatment plan laid out by your doctor. That can only strengthen your credibility, proving that you’re taking your rehabilitation seriously.
What is the statute of limitations for a TBI case in California?
Acting quickly is important when dealing with brain injuries. In California, the statute of limitations requires that personal injury lawsuits be filed within 2 years of the date of injury. However, when a brain injury is not immediately visible, California’s “delayed discovery” rule may, in some cases, start the filing deadline when you knew or reasonably should have known about the injury and its cause. These rules are complex, and missing a deadline can completely bar your claim, so it’s critical to speak with an attorney as soon as you suspect a brain injury after an accident.
Deadlines are important when laying a claim for compensation. So it’s advisable to reach out to a lawyer as soon as possible, especially when your injury is revealed a while after the accident.
What damages can I recover from a traumatic brain injury case?
Brain injuries from car accidents often leave lasting complications that have financial implications. It’s common for victims to incur thousands of dollars’ worth of damages caused by injuries. Recoverable expenses may include:
- Hospital bills
- Post-accident medical treatment
- Loss of income
- Loss of future earnings
- Prescribed medication
- Mental and physical suffering
The sum you may be entitled to all depends on the extent of your injuries and your recovery journey. Our team at HHJ Trial Attorneys works assertively to recover the damages that apply to your situation.
What are the most common challenges in a traumatic brain injury case?
TBI lawsuits often bring more hurdles than people expect. However, with a strong legal team by your side, you don’t have to be concerned about what challenges to expect.
How do you prove a traumatic brain injury?
Unlike a broken bone, a traumatic brain injury can remain invisible if you don’t know what symptoms indicate the damage. If you notice subtle behavioral, cognitive and emotional changes, it’s imperative to consult a healthcare practitioner or visit the ER. Medical records will support your case in court or negotiations with the other party.
What if my TBI symptoms appeared weeks after the accident?
TBIs sometimes don’t show immediate symptoms. Headaches or memory loss may only appear weeks after the incident, often providing the insurance company with room to argue a disconnect between injury and accident.
How do I prove the severity of my brain injury?
Insurers regularly try to downplay the extent of TBIs, often labeling them as concussions. So, it’s necessary to keep a medical journal and provide medical records and necessary proof of the impact on your daily life.
How do you prove a brain injury was caused by the accident?
It’s important to establish a definite link between your injury and the accident. Insurers will argue that your injuries are pre-existing conditions, but our legal team can disprove that.
Do I need a lawyer for a traumatic brain injury lawsuit?
While there is no legal requirement to seek legal representation, working with experienced attorneys will considerably improve your chances of a successful case. An attorney well-versed in TBI trials collaborates with you from start to finish to ensure a verdict of compensation in your favor.
Our team at HHJ plays a vital role in empowering those affected by traumatic brain injuries and other damages. Our reputation for calculated advocacy and transparent support ensures you don’t navigate this journey alone. Competitors in court know that we are assertive and have a reputation for winning compensation for our clients.
Contact us today for an obligation-free consultation.
