Best Brain Injury Accidents Attorneys in Los Angeles
Unlike the many other injury types, brain injuries are a lot more complicated and take a while to heal. Unfortunately, for many victims, even after time has passed for recovery, trauma is still endured. Whether a brain injury occurs because of another person’s intentional or unintentional acts, you can file a claim to seek compensation for any of the damages done. However, to succeed in a case like this and get the settlement that you deserve, you need the best brain injury accident attorney in Los Angeles, CA.
A traumatic brain injury (TBI) claim is a very complicated one that could involve claims against several people. It could be an inexperienced doctor who fails to exercise the care and skill expected or from a reckless driver. You can also file a claim against the truck company or a co-worker. The goal is for you to get the compensation you deserve for the damages that occurred.
If you or anyone in your family has suffered a severe brain injury from an intentional or negligent act, the compensation sought should include economic damages, medical expenses for physical damage, and non-economic damages. Sometimes, punitive damages may also be sought after to deter such person and others from acting similarly. This is why a professional attorney who is an expert in traumatic brain injury becomes very important.
What Are the Major Legal Issues in a Traumatic Brain Injury Case?
From several years of experience handling brain injury cases, we can tell that TBI legal rights in Los Angeles, CA, are very complicated, with several legal issues.
Carefully analyzing and investigating these legal issues is very important to your case. It helps determine the worth of the compensation and the nature of the mild traumatic brain injury settlements to be reached.
The significant issues to be established by a brain injury lawyer include:
The Duty of Care
Where there is a brain injury caused by a doctor, co-worker, driver, or truck company, the first issue to be examined is the duty of care. Your attorney should establish that there was a duty of care on the defendant to act in a particular way. For example, a doctor is expected to exercise a very high level of skill and care when treating a patient. This duty is not one that is assumed in a case like this. It must be established as it is the foundation for the success or otherwise of the claim.
- The Breach of Duty of Care
It is not enough for a lawyer to establish that there is a duty of care in a brain injury claim. The lawyer must also determine that such a recognized legal obligation was in itself breached. This way, it is possible that as a result of the defendant’s act, the injury occurred.
A doctor will only be liable for his/her actions when established that the injury caused is a result of the breach of duty of care legally expected of them.
A truck company, on the other hand, is expected to keep its trucks fit for use. The truck company becomes liable when it is established that the trucks were not suitable for driving and results in a brain injury.
- The Cause of the Brain Injury
Causation is another significant legal issue in a brain injury claim. Causation means that it was the direct action of the defendant that resulted in the injury. It must be established that there was an unbroken chain of events that links the act of the defendant to the current state of the victim. Direct acts of the victim that could result in causation can be a breach of duty of care, negligent action, or failure to act in a certain way.
- Damages Suffered
The nature of the damages suffered by the victim is what determines the level of compensation. In drafting a comprehensive brain injury claim, your attorney has to consider losses suffered.
Medical experts’ opinions on the victim’s state, before and after the accident, are critical on measuring compensation based on damages. Considering the role that medical experts have in reaching traumatic brain injury settlements, let us examine why they are essential.
The Role of Medical Experts in Traumatic Brain Injury Cases
The best brain injury accident attorney in Los Angeles, CA, should have a medical expert on its retainer. You need one to access the situation immediately. This will not only help in getting due compensation but also quick medical assistance. Besides giving an in-depth analysis of the situation, medical experts could also be called to testify in court on behalf of the victim. Other roles that medical experts play in a traumatic brain injury case include:
- To Establish Causation
Causation, as stated earlier, is a significant issue to be established in a brain injury case. Establishing causation can sometimes be a difficult task for an attorney who has no medical knowledge. A medical expert helps establish causation by creating a link between the act (where applicable) of the defendant and the victim’s current state.
When concluding, medical experts make recourse to the past medical records of the victims and carry out a prognosis to determine the cause and extent of the damage. Where it is cognitive brain damage, the experts not only help with analysis but also puts together pieces of evidence that may help the case.
- To Determine the Best Possible Settlement
Determining the best possible settlement a brain injury victim is entitled to can be very difficult. This is because it goes beyond the present loss, to cover future losses and incapacities that may result from the damage. From an expert’s prognosis, one can view the extent of the damage, the cost of treatment, and future disabilities of the victim.
The analysis given by a medical expert goes a long way in determining the settlement cost or establishing a case successfully in court. You need to note that no significant mild traumatic brain injury settlements can be reached without a medical expert’s services.
- To Assist Jurors in Drawing Just Conclusions
Jurors may be experienced in the law field, but have little or no knowledge about medical technicalities. Concluding on their own without the help of medical experts might result in injustice. So, one of the many ways medical experts are essential to a traumatic brain injury claim is that they help jurors reach just conclusions. Through their testimonies, they can shed more light on the case and help the jurors navigate better. The best traumatic injury attorney utilizes medical experts’ help to simplify his/her cases, convince the court, and ensure a just settlement is reached.
Compensation in a Brain Injury Claim
As a victim of a brain injury accident, you need an attorney immediately. The reason for this is to ensure you get the compensation you deserve from other’s actions. Compensation that may be from a brain injury claim differs based on the circumstances of each case. However, general compensation includes:
Cost of Treatment
The brain is a delicate part of the body that requires immediate attention when any damage is done to it. When you or your loved one is involved in an accident that results in a brain injury, the first thing to do is to seek medical attention. Compensation sought from the claim is expected to cover every cost spent on treatment. This includes paying for medical services, medical doctors, drugs, and other care that may be required.
Time and Wages Lost During Treatment
Recovering from a brain injury can sometimes take a very long time. This may result in you losing wages from work or possibly losing the job.
Through your attorney, you can claim compensation for time and wages lost while in treatment or recovering. Where damages are severe and permanently incapacitated, you can also claim compensation for future loss.
Here, a careful analysis of the type of job you do, the payment structure, and life expectancy in Los Angeles is carried out to determine compensation worth.
Asides from the economic damages, you can also seek compensation for non-economic damages in a traumatic brain injury case. This compensation covers pain, suffering, emotional, or psychological trauma suffered as a result of the incident. Several factors are considered to keep the compensation level in check to avoid undue exploitation.
Seeking the services of a traumatic brain injury lawyer in Los Angeles, CA, immediately after there is an accident gives you an advantage over the defendant in the case. It also ensures that your case is filed within the time stipulated to avoid it from being statute-barred.
TBI settlements in Los Angeles, CA, can be very tricky, complicated, and sometimes frustrating. This is why our brain injury law center in Los Angeles, CA, makes sure to give you the best possible representation in and out of court.
Are you looking to hire the best brain injury lawyers in Los Angeles, CA? Then you should look no further than Los Angeles Personal Injury Attorneys! Contact Us today to schedule a consultation and start an analysis of your brain injury case or that of your loved ones.