Fresno Brain Injury Lawyer

A brain injury can have a profound and long-lasting effect on every aspect of your life. If you or a loved one has suffered a brain injury, you may be struggling to cope with the physical, emotional, and financial fallout. While no amount of money can ever truly make up for the pain and suffering caused by a brain injury, filing a personal injury lawsuit can help you recoup some of the costs associated with your injuries. If you need help, Contact Roberts & Spiegel Injury Lawyers today. 

How a Fresno Brain Injury Attorney Can Help

A skilled Fresno brain injury lawyer helps victims navigate the legal complexities after a brain injury to obtain compensation for their injuries. Specific roles and responsibilities can include:

• Assessing the case: An attorney evaluates the case to determine if there is a viable personal injury claim. They will examine the facts surrounding the injury, figure out who the liable parties are, and outline the potential damages.
• Gathering evidence: A strong case needs solid evidence. A lawyer collects medical records, accident reports, witness statements, and other relevant documents to prove negligence and substantiate the injury claim.
• Negotiating with insurance companies: Insurance adjusters may try to minimize or deny compensation claims. An experienced attorney understands these tactics and will negotiate with insurance companies for fair settlements.
• Preparing for trial: If negotiations fail to yield a satisfactory result, the attorney can take the case to trial and represent the victim in court.

To obtain the best outcome, victims should engage with a Fresno personal injury attorney who has experience in dealing with traumatic brain injury cases, possesses excellent negotiation and litigation skills, and has a deep understanding of local and state law.

Compensation Available to Brain Injury Victims

Victims of brain injuries caused by another party's negligence may be entitled to receive compensation in a number of forms. Depending on the specific circumstances of the case, these damages may include:

1. Medical Expenses - Compensation for past, present, and future medical care connected to the brain injury, including surgeries, hospital stays, rehabilitation, and therapy.
2. Lost Wages - Compensation for lost income as a result of not being able to work due to the injury, as well as any future lost earnings or decreased earning capacity if the injury impacts the victim's ability to work.
3. Physical and Emotional Pain and Suffering - Compensation for the physical pain and emotional distress the victim has experienced as a result of the brain injury.
4. Loss of Consortium - In some cases, the spouse of the brain injury victim may be entitled to compensation for the negative impact the injury has had on their relationship.
5. Punitive Damages - In cases where the defendant’s conduct was particularly egregious, the court may award punitive damages, which are intended to punish the responsible party and deter others from engaging in similar behavior.

“In an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, the plaintiff, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant.”

Working with an experienced brain injury lawyer is the best way to ensure you get the compensation you’re entitled to after an injury.

What Constitutes a Brain Injury?

A brain injury can occur as the result of a physical trauma to the head, such as in a car accident, sports-related injury, or workplace incident. This type of injury is referred to as a traumatic brain injury (TBI) and is usually caused by a sudden and forceful impact to the head.

Another common type of brain injury is an acquired brain injury (ABI), which is caused by non-traumatic factors such as oxygen deprivation, stroke, or infection. Both TBIs and ABIs can result in permanent cognitive and physical impairments that may require ongoing care and support.

Most Common Causes of Brain Injuries

If you sustained a brain injury that was the fault of another person or party, you might be able to file a lawsuit to recover damages. Before you can file a lawsuit, it's helpful to understand how your injuries occurred and if that is grounds for a claim. Some of the most common causes of brain injuries that lead to civil lawsuits include the following:

Falls

Falls are one of the leading causes of brain injuries, especially among older adults. A slip & fall can occur anywhere—in the home, at work, or in public—and can be caused by anything from an icy sidewalk to a cluttered workroom floor. 

Motor vehicle accidents 

Car accidents are another major cause of brain injuries. If you've been in an accident, it's essential to seek medical attention right away, even if you don't think you've been injured. Brain injuries can often be slow to develop, so it's important to get checked out. 

Acts of violence 

Violent crimes such as assault and battery are also common causes of brain injuries. If you or someone you love has been the victim of violence, it's important to seek both medical and legal help as soon as possible. An experienced personal injury lawyer will help you build a strong case against your attacker and seek the compensation you need to cover your medical expenses and other losses. 

Medical Malpractice

There are many ways in which medical malpractice can lead to TBIs. Two of the most common include:

Birth injuries: Childbirth is a complicated process, and even small mistakes can result in serious injury to the child. Common birth injuries that can cause TBIs include lack of oxygen during delivery and use of excessive force during delivery.

Anesthesia errors: Anesthesia is a powerful tool that must be used with great care. Unfortunately, mistakes are common. Common anesthesia errors that can cause TBIs include:

• Giving the patient too much or too little anesthesia.
• Failing to properly monitor the patient's vital signs.
• Giving the patient the wrong type of anesthesia.

If you or a loved one has suffered a TBI due to medical malpractice, you may be entitled to compensation for your medical bills, lost wages, pain and suffering, and more. 

The Consequences of a Brain Injury

Brain injuries can range from mild concussions to more severe traumatic brain injuries. No matter the severity of the injury, a brain injury can cause physical, cognitive, and emotional problems that can last for years. Some of the most common consequences of a brain injury include the following:

• Physical effects such as headaches, dizziness, fatigue, and insomnia.
• Cognitive effects such as memory loss, difficulty concentrating, and mood swings.
• Emotional effects such as depression, anxiety, and irritability.

These effects can be extremely debilitating and make it difficult to return to work or perform everyday activities. If you have suffered a brain injury, you may be entitled to compensation for your medical expenses, lost income, and pain and suffering. An experienced brain injury lawyer in California will help you pursue the compensation you deserve. 

The Time Limit for Filing a Brain Injury Claim in California

In California, the statute of limitations for most brain injury claims is two years from the date of the accident or injury. If you wait longer than two years to file a claim, you will most likely be barred from doing so.

The statute of limitations is designed to protect businesses and individuals from being sued for an accident or injury that happened long ago and to ensure that cases are settled while witnesses and evidence are still available. However, the two-year time limit can be a challenge for brain injury victims and their families, who may not be aware of the full extent of the injury until months or even years after the accident.

It's important to note that brain injuries caused by medical malpractice have a different deadline. These claims must be filed within three years of the date the injury occurred or within one year of when the victim discovers the injury, whichever comes sooner.

If you or a loved one suffered a brain injury, it is important to seek legal counsel as soon as possible to determine whether you have a case and to avoid missing the deadline for filing a claim. An experienced Fresno personal injury attorney will be able to investigate the circumstances of your accident and gather evidence to support your claim. They will also be familiar with the applicable laws and regulations, including the statute of limitations, and can advise you on the best course of action for your particular situation.