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Dealing With Traumatic Brain Injuries After a Car Accident: Legal Strategies

Car accidents are one of the leading causes of Traumatic Brain Injuries (TBIs) in the United States, accounting for about 14% of all TBI-related hospitalizations and 19% of all TBI-related deaths.

 

A TBI is a brain injury resulting from a sudden blow or jolt to the head or skull penetration, which disrupts the brain’s normal function. A TBI can have severe and lasting effects on a person’s physical, cognitive, emotional, and behavioral abilities, affecting their quality of life and ability to work.

 

If you or a loved one has suffered a TBI due to a car accident caused by someone else’s negligence, you may be entitled to compensation for your medical expenses, lost income, pain and suffering, and other damages. However, pursuing a TBI claim can be a complex and challenging process, which requires the assistance of a skilled and experienced personal injury lawyer. So, our experienced personal injury attorneys will guide you through the legal process of pursuing compensation for a TBI claim in today’s blog post.

How Do You Prove Liability and Causation?

One of the key elements of a successful TBI claim is proving that the other party’s negligence caused the car accident and that the injury was a direct and foreseeable result of the accident. This is a key detail that our San Diego traumatic brain injury attorneys will help you to explore.

 

Negligence is the failure to exercise reasonable care and discretion a prudent person would exercise under similar circumstances. Some examples of negligence that can cause car accidents include:

 

  • Speeding
  • Distracted driving
  • Drunk driving
  • Running red lights or stop signs
  • Failing to yield or signal
  • Defective or poorly maintained vehicles
  • Road hazards or defects

 

To prove negligence, you must establish four elements:

 

  • Duty. The other party owed you a duty of care to act reasonably and safely on the road.
  • Breach. The other party breached their duty of care by acting negligently or recklessly.
  • Causation. The other party’s breach of duty caused the car accident and your TBI.
  • Damages. You suffered damages as a result of the car accident and your injury.

 

To prove causation, you must show that your TBI was not pre-existing or unrelated to the car accident and that an intervening or superseding factor did not cause it. You must also show that your TBI was a probable and natural consequence of the car accident and that the other party could have reasonably anticipated it.

 

To prove liability and causation, you will need to gather and preserve evidence, such as:

 

  • Police reports
  • Accident scene photos and videos
  • Witness statements
  • Medical records and bills
  • Expert opinions and testimony

How Do You Calculate and Document Damages?

Another critical element of a successful TBI claim is proving the extent and impact of your damages, which are the losses that you suffered due to the car accident and your TBI. This is another key detail that our car accident lawyers will help you to navigate.

 

Damages can be categorized into two distinct types:

 

  • Economic damages. These are the tangible and quantifiable losses you incurred, such as medical expenses, lost income, property damage, and other out-of-pocket costs.
  • Non-economic damages. These are the intangible and subjective losses you experience, such as pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium.

 

To calculate and document your damages, you will need to keep track of and collect evidence, such as:

 

  • Receipts, invoices, and statements for your medical treatment, medication, rehabilitation, assistive devices, and home modifications
  • Pay stubs, tax returns, and employment records for your past and future income, benefits, and earning capacity
  • Repair estimates, appraisals, and receipts for your property damage and replacement costs
  • Diaries, journals, photos, and videos of your physical and mental condition, symptoms, limitations, and activities
  • Testimonials, letters, and affidavits from your family, friends, co-workers, and experts regarding your pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium

How Do You Negotiate or Litigate a Settlement or Verdict for a TBI Claim?

Most TBI claims are resolved through a settlement or agreement between the parties to end the dispute and avoid a trial. A settlement can be reached at any stage of the claim process, either before or after filing a lawsuit and either with or without the involvement of a mediator or arbitrator.

 

A settlement can offer several advantages, such as:

 

  • Saving time and money
  • Reducing stress and uncertainty
  • Having more control and flexibility
  • Preserving privacy and confidentiality

 

However, a settlement may not always be possible or desirable, especially if the other party denies liability, disputes causation, or offers an unacceptable amount. In that case, you may need to take your TBI claim to trial—a formal and public process where a judge or jury decides the outcome of your case.

 

A trial can offer several benefits, such as:

 

  • Seeking justice and accountability
  • Obtaining a fair and full compensation
  • Setting a precedent and deterring future misconduct
  • Raising awareness and educating the public

 

Whether you choose to negotiate or litigate your TBI claim, you’ll need to have a solid and persuasive case, which requires the skills and expertise of a personal injury lawyer.

Claim the Compensation You Deserve From Your TBI Claim With Experienced Help From HHJ

If you or a loved one has suffered a TBI as a result of a car accident caused by someone else’s negligence, HHJ’s personal injury attorneys stand ready to assist.

 

A personal injury lawyer can help you deal with a TBI after a car accident by proving liability and causation, calculating and documenting damages, and negotiating or litigating a settlement or verdict.

 

If you or a loved one has suffered a TBI as a result of a car accident caused by someone else’s negligence, contact HHJ Trial Attorneys today for a free, confidential consultation.

 

 

 

 

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