A traumatic brain injury can lead to immense challenges that may impact how you work, enjoy time with friends and loved ones, and even take care of yourself. Dealing with the aftermath of those devastating injuries can leave you struggling physically, emotionally, and financially.
If you suffered a traumatic brain injury due to someone else's negligence, working with a San Diego brain injury lawyer can help you recover the compensation you may deserve for those devastating injuries and the challenges that go along with them.
Did you suffer a traumatic San Diego brain injury due to the negligence of another party? Contact Rawlins Law Accident & Injury Attorneys today to learn more about your right to compensation from our San Diego traumatic brain injury attorneys.
A brain injury case changes the lives of everyone it touches. A head injury from someone else's negligence typically results in a brain injury lawsuit. Experienced brain injury attorneys help survivors and their families navigate the complex legal process of brain injury cases to recover compensation.
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San Diego Traumatic Brain Injury Guide
- Calculating Compensation in Traumatic Brain Injury Claims
- Traumatic Brain Injury Claims: What You Need to Know
- Fighting for Compensation After TBI
- Traumatic Brain Injury FAQ
Rawlins Law Accident & Injury Attorneys: Help for Traumatic Brain Injury Victims
When you have a severe brain injury, you have more than enough on your plate. At Rawlins Law Accident & Injury Attorneys, we aim to help you recover the compensation you deserve for the challenges and losses associated with a traumatic brain injury.
Honest, Ethical, Legal Support
You have enough challenges to deal with as you seek treatment for your traumatic brain injury and all the issues that may arise during your recovery. You need a lawyer you can count on to support you through the process. At Rawlins Law Accident & Injury Attorneys, our San Diego brain injury lawyers tell it like it is. We offer honest, ethical, legal advice that you can count on as you navigate the claim process, which means that you can trust the advice you get from us.
Compassionate Representation
At Rawlins Law Accident & Injury Attorneys, we understand the many challenges that accompany a devastating injury like a traumatic brain injury. We understand that you may be dealing with severe limitations, immense financial problems, and significant losses related to your injury.
When we work with our clients, we provide compassionate support and representation. We help you work through the losses you have sustained because of your injuries and provide ongoing support as you figure out your next steps.
Trustworthy Results
The numbers don’t lie. We have helped our clients recover millions in compensation for the severe injuries sustained due to other parties’ negligence. We aim to help each client learn more about the compensation they deserve and pursue the best possible results for their claims.
At Rawlins Law Accident & Injury Attorneys, we make it as easy as possible for our clients to get in touch with us, including virtual consultations if needed. Contact us today to start moving forward with your traumatic brain injury claim.
Calculating Compensation in Traumatic Brain Injury Claims
A traumatic brain injury can lead to high medical bills and substantial financial losses. You may find yourself wondering how you can navigate those difficult financial waters. Often, a traumatic brain injury claim can provide some of the funds you need to take care of those expenses and manage your finances during that difficult time.
At Rawlins Law Accident & Injury Attorneys, we aim to help our clients maximize the compensation they can recover in a traumatic brain injury claim. However, we cannot guarantee the compensation you can recover for your injuries, which depend on many factors related to your claim.
Who bears liability for your accident?
To file a traumatic brain injury claim, you must establish that someone else’s negligence caused your accident. The party that bears liability for your accident will generally carry insurance coverage covering your sustained damages. That insurance policy may dictate how much compensation you can recover for your injuries.
At Rawlins Law Accident & Injury Attorneys, we will carefully review that insurance policy to ensure we understand all the compensation you can claim based on the terms of that policy.
What medical expenses have you dealt with due to your traumatic brain injury?
A traumatic brain injury may result in substantial medical costs, which you may have to contend with as you navigate your recovery. Your medical expenses will often serve as the foundation of your injury claim.
If you have high medical bills or medical needs, including things like ongoing occupational therapy to help manage your recovery, you may have the right to recover more compensation as part of your claim than if you have relatively low medical costs.
How has your brain injury impacted your income?
How much a brain injury affects your ability to work can depend on several factors. If you work in a field that requires careful attention to detail, creative problem-solving skills, or focus and concentration, you may find that even a minor brain injury can prevent you from returning to work.
On the other hand, patients who work in a more physical field or one that primarily requires a great deal of repetition may find it easier to get back to work after the incident.
What suffering have you faced as a direct result of your traumatic brain injury?
Traumatic brain injury can cause suffering in several ways. You may notice physical changes, like headaches or sleep disturbances, soon after the accident. On the other hand, the emotional trauma associated with a TBI can prove even more difficult to manage.
Many patients with TBI find that it impacts their independence and their ability to function normally. They may have difficulty dealing with normal tasks or engaging in self-care. The lack of focus can make it difficult to enjoy normal leisure activities like video games or watching television. Talk to your lawyer about the suffering you have dealt with and how you can include it as part of your claim.
Traumatic Brain Injury Claims: What You Need to Know
Each year, about 2.5 million people suffer a TBI in the U.S., ranging from mild concussion to coma, according to the U.S. Centers for Disease Control and Prevention. Of those, around 220,000 people end up hospitalized (about 611 hospitalizations per day), while about 69,000 traumatic brain injuries result in death.
TBI hospitalization and death tend to impact people over age 75 more than younger people, and males have a two times greater risk of being hospitalized over a TBI than women.
- Fall accidents
- Construction accidents
- Auto accidents, including bicycle accidents and pedestrian accidents
- Falling objects
Sometimes, brain injuries can take a very long time to heal. Some patients with even minor TBI note symptoms a year or more after the accident. Patients with severe traumatic brain injury may note symptoms that continue to impact them for the rest of their lives.
The truth is, nobody truly knows how long a TBI will affect you. A more serious brain injury may heal 100% in one person, while a so-called "mild" TBI can last for years in another person. The initial diagnosis and prognosis can be frustratingly difficult for physicians to get right. Because many TBIs are completely invisible, doctors must rely on the initial presentation of brain injury symptoms and adjust treatment plans over time.
Five-Year Outcome for Moderate and Severe TBI
CDC data show that 26% of people who suffered a TBI improved after five years, while 22% stayed the same. Most patients, about 30%, had gotten worse over five years, and 22% died.
The elusive nature of brain injury is perhaps the most compelling reason to work with an aggressive San Diego brain injury lawyer - a lawyer who has a proven record of securing maximum compensation for clients. The worst thing you can do is accept a low settlement, only to find that your injury never completely heals or that you need physical therapy and other treatments years from now. You need to be prepared.
How Long Do You Have to File a TBI Claim?
In California, you have two years from the date of a traumatic brain injury to file a claim under the statute of limitations.
However, several exceptions exist that can help extend the statute of limitations and give you more time to file a claim, including if the victim was a minor when injured. Our lawyers can determine how much time you have to file and your next steps after a brain injury.
Fighting for Compensation After TBI
How do you prove traumatic brain injury? You might think that it would be a relatively straightforward process with a personal injury claim. You know that you suffered your brain injury due to someone else's negligence and that you deserve compensation for the many losses you have had due to that injury.
Unfortunately, if you try to settle your claim on your own, it will most likely not go as smoothly as you had hoped. You may fight with the insurance company to get even just a fraction of the compensation you truly need and deserve for your traumatic brain injury.
The insurance company may:
- Insist that you do not need extensive medical treatment for your TBI, including denying the need for occupational therapy to help you cope with your limitations.
- Try to establish that you caused your accident and your injuries, which would remove the insurance company’s liability for the incident.
- Pressure you to accept a quick settlement offer soon after your accident when you may not even know what your eventual medical bills and losses will look like.
In many cases, you may find yourself fighting to get reasonable compensation from the insurance company. At Rawlins Law Accident & Injury Attorneys, we can make it easier to deal with the insurance company following a traumatic brain injury, including fighting for the compensation you deserve for your injuries and financial losses. We have the resources you need to go up against the insurance company and avoid the pitfalls they use to devalue your claim.
Traumatic Brain Injury FAQ
I suffered a traumatic injury during a bicycle or motorcycle accident, and I did not have a helmet on at the time of the accident. Can I still pursue compensation?
You can file a compensation claim when someone else’s negligence causes your traumatic brain injury. However, the insurance company that covers the liable party may try to claim that you do not deserve compensation due to your lack of helmet use.
Working with a traumatic brain injury lawyer can help you establish who caused your accident, what factors led or contributed to your injuries, and what compensation you deserve for the losses associated with your traumatic brain injury, even if you weren’t wearing a helmet.
Does the party that caused my traumatic brain injury have to pay for my medical bills?
The bills associated with a traumatic brain injury can add up fast. As the injured party, you must make arrangements to cover those medical costs. While you can file a traumatic brain injury claim that may provide you with compensation for the financial losses due to your accident, that claim will not require the liable party to pay for your medical bills directly.
However, you may have several options for covering the cost of medical treatment.
- If your brain injury resulted from any car crash, you might have the right to use your MedPay coverage to help with the cost of treatment.
- You can use your health insurance to help cover treatment costs, including long-term care for serious brain injuries.
- You may have the right to file an injury claim for compensation for your medical costs, which may make it easier for you to pay your medical bills and cover the other expenses related to your injuries.
Talk to your lawyer about what compensation you can expect to recover for the medical bills associated with a traumatic brain injury and how you can best manage your medical costs while recovering.
Can I seek compensation for a traumatic brain injury if I did not notice my injuries at the time of the accident?
Sometimes, symptoms of traumatic brain injury may show up in the hours or even days following a serious accident. You may notice, for example, increased forgetfulness or a greater struggle to keep your focus on the tasks you need to take care of.
You may have walked away from the accident scene, only to discover later that you did sustain a traumatic brain injury and that you have all the limitations that may go along with that devastating diagnosis.
You still have the right to pursue compensation for a traumatic brain injury, even if you did not immediately notice those symptoms or get medical care right after your accident. However, it can be more difficult to clearly establish when your injuries occurred. Working with a lawyer can make it much easier to establish your right to compensation for a traumatic brain injury that you did not notice right after the accident.
Get in Touch With Our Traumatic Brain Injury Lawyers Today
Trying to handle the aftermath of a traumatic brain injury claim on your own can prove incredibly difficult.
Having a lawyer on your side can help streamline your claim and make it easier for you to get the compensation you deserve.
Contact Rawlins Law Accident & Injury Attorneys at (858) 529-5872 for your free consultation today.
