Automobile accidents and falls are the major causes of brain injuries in California. A victim faces life-threatening consequences which will affect their life ahead. But, the legislation offers a remedy to the challenges as you can seek compensation through a civil court in the State.
Liability
The law requires you to prove the other party’s liability for an accident to get compensation. A California Traumatic Brain Injury Attorney can assist you in determining negligence and carelessness in your case. It would help to have evidence to support your claims. For instance, driving without your headlights on is negligence, while driving while drunk can fall under carelessness.
The objective in brain injury cases is to show that the defendant is at fault and played a part in the accident. It helps to hire a lawyer who understands California law and has experience with similar cases to yours. The knowledge helps identify liability and the evidence to support your case.
Damages
Compensation for brain injuries from accidents arises from the damages a person experiences. It includes the entire treatment expenses: assessment, medical care, therapy, and rehabilitation. A lawyer will factor in future needs since it may take time to recover fully. Most of the time, victims require continuous treatment since the damage can be permanent. In addition, the legal expert will seek financial compensation for lost wages during the recovery period while considering the trauma of experiencing the ordeal.
Costs of undergoing treatment for brain injuries can be expensive. Also, it is possible that the victim will not get back to their previous state. It may necessitate having a helper to help the person undertake everyday life activities. The calculations are complex, and a traumatic brain injury lawyer will take time to factor everything before coming up with the amount to ask for compensation. In California, the law requires the court to consider the plaintiff’s role in the accident, impacting the amount a victim can get as damages. It considers the plaintiff’s actions leading to the incident and if they could have avoided the injuries. Compensation reduction will happen on a percentage depending on the fault.
The Duration
Most civil cases will take two years to complete, but it can take shorter than that. It is essential to follow the correct process and attain all requirements for speedy case completion. The back and forth with documents can delay your case for a long time. It is why you need an attorney who understands how the Califonia courts operate.
On the other hand, brain injury cases are complex, and it takes time to complete the litigation process. Still, it is not advisable to settle soon after the accident as you may not know the full extent of your injuries. You do not want to take a deal that will not be sufficient for your future treatment needs.
The Final Thoughts
The first thing to do after experiencing a brain injury is to seek medical help. Then, consult a traumatic brain injury attorney to help you with the case. Hiring a skilled and experienced lawyer will make the time bearable as you seek remedy for your condition.
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