The aftermath of a traumatic brain injury (TBI) accident is often overwhelming, both emotionally and financially. At Hanson & Mouri, our dedicated Beaumont, CA traumatic brain injury lawyer is here to provide compassionate and skilled legal representation to those who have suffered such life-altering injuries. Call (951) 688-0006 or message us online to arrange a free consultation today.
Larger settlements often result from a willingness to take cases to a jury. However, not all traumatic brain injury attorneys possess the experience and trial skills necessary for effective courtroom representation. As seasoned litigators and accomplished advocates, we have never lost a litigated case. Our team can navigate the courtroom effectively, ensuring the best outcome for your claim.
A Traumatic Brain Injury (TBI) Lawyer can significantly benefit your claim in several critical ways:
Specialized Knowledge
Navigating the legal complexities of a TBI case requires specific knowledge and experience. TBI lawyers are well-versed in relevant laws, regulations, and precedents, allowing them to build a strong and compelling case on your behalf. Additionally, they have a deep understanding of the medical complexities surrounding TBIs. They can work with medical professionals to comprehensively assess the long-term impact of the injury, ensuring a thorough representation of your case.
Thorough Investigation
TBI lawyers have the resources to conduct a thorough investigation into the circumstances of the injury and gather the evidence needed to establish liability and the full extent of your damages (losses).
Maximizing Compensation
Traumatic brain injuries often have long-term consequences, requiring ongoing medical care, and rehabilitation, and potentially impacting your ability to work. TBI lawyers work to ensure that your compensation covers not only immediate expenses but also addresses future needs, providing financial support for the challenges ahead.
Effective Negotiation
TBI lawyers are skilled negotiators, capable of advocating for your rights during settlement discussions.
Trial Representation
In cases where a fair settlement cannot be reached, a TBI lawyer is prepared to take your case to trial. Their courtroom experience significantly increases the likelihood of a favorable outcome.
Reducing Stress
A Beaumont TBI lawyer can handle the legal aspects of your case, allowing you to focus on your recovery and well-being.
Key legal aspects related to TBI cases in California include:
Negligence Laws (California Civil Code Section 1714(a))
TBI cases often hinge on establishing the negligence of the responsible party. Whether that is an individual, property owner, government agency, etc., who is at fault for your accident. Under this law:
“Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself.”
Comparative Fault
California follows a pure comparative fault system under Section 1714(a), allowing injured parties to recover compensation even if they are partially to blame. However, the compensation will be reduced based on their degree of fault.
Vehicle Accidents (California Vehicle Code)
TBI cases resulting from car accidents or other vehicular incidents are subject to California Vehicle Code § 17150:
“Every owner of a motor vehicle is liable and responsible for death or injury to person or property resulting from a negligent or wrongful act or omission in the operation of the motor vehicle, in the business of the owner or otherwise, by any person using or operating the same with the permission, express or implied, of the owner.”
Under this law, liability for your traumatic brain injury from a collision will fall on the party responsible for causing the crash.
Workplace Injuries
TBI cases arising from workplace accidents are typically governed by California’s workers’ compensation laws, such as the following:
California Code, Labor Code – LAB § 5402(c)
“Within one working day after an employee files a claim form under Section 5401, the employer shall authorize the provision of all treatment, consistent with Section 5307.27, for the alleged injury and shall continue to provide the treatment until the date that liability for the claim is accepted or rejected. Until the date the claim is accepted or rejected, liability for medical treatment shall be limited to ten thousand dollars ($10,000).”
These laws provide benefits for medical expenses, lost wages, and rehabilitation.
Statute of Limitations
TBI victims must be aware of the statute of limitations, which sets a timeframe within which a lawsuit must be filed. In California, the statute of limitations for personal injury cases, including TBIs, is generally two years from the date of the injury according to California Code of Civil Procedure sections 335.1:
“Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.”
In a Traumatic Brain Injury (TBI) claim, various types of compensation are available to address the physical, emotional, and financial toll inflicted by the injury. These may include:
In cases of extreme negligence or intentional misconduct, punitive damages may be pursued to punish the wrongful party and deter similar behavior in the future.
If you or a loved one has experienced a traumatic brain injury as the result of another party’s negligence, don’t face the legal complexities alone. Call (951) 688-0006 or message Hanson & Mouri today for a free consultation with our trusted Beaumont, CA traumatic brain injury lawyer.