Traumatic Brain Injuries (TBI) are extremely serious and have debilitating long term affects on a person’s welfare. Unfortunately, TBIs typically result in death or incapacitation. In the unfortunate event that you or someone you love has sustained a TBI due to the negligence of another party, contact one of our experienced and determined Santa Clara County Personal Injury Attorneys. Our firm is committed to helping our clients recover appropriate monetary compensation for their damages.
What is a traumatic brain injury (TBI)?
Traumatic brain injuries occur when a person suffers damage to their brain. TBIs could have temporary or permanent debilitating effects on a person. Typically, TBIs are the result of a forceful blow or jolt to the head. There are several ways individuals may suffer a TBI, however the most common causes are auto accidents and falls. TBIs are classified as either closed or penetrating. Closed brain injuries occur when nothing penetrates the brain and skull. They occur when there is a sudden force or rapid movement that causes the brain to collide with the skull. The other type of TBIs are penetrating brain injuries. Penetrating brain injuries occur when something penetrates a person’s brain and skull. Penetrating brain injuries typically result in fatality. Furthermore, TBIs are also classified as primary or secondary. Primary brain injuries refer to the injury that happened at the time of impact. Secondary brain injuries refer to injuries that develop after the time of impact. These types of injuries evolve over time.
How do I qualify for compensation?
To qualify for compensation, victims must fulfill the burden of proof. To fulfill the burden of proof victims must prove their TBI was directly caused by the negligence of another party. They must prove the negligent party owed them a standard duty of care and they breached it resulting in the victims’ injuries and damages. If successful, victims will be rewarded with monetary compensation for their damages. Victims may recover economic and non-economic damages. Economic damages are calculable losses. Victims may recover lost wages, past and future medical expenses, property damage, household services, and loss of earning capacity. Non-economic damages are subjective losses that are not quantifiable. Non-economic damages include pain and suffering, mental anguish, emotional distress, loss of enjoyment of life, and loss of society and companionship. Additionally, victims should have medical experts’ testimony as well as medical documents that prove the extent and severity of their injury.
How long do I have to pursue legal action?
In California, victims of TBIs have two years from the date their injury occurred to file a claim against a negligent party. Although victims can file at any time within those two years, they should file as soon as possible because if they miss this deadline they will be barred from ever filing a lawsuit against them in the future.
If you or someone you care about has suffered a TBI due to the negligence of another person, don’t hesitate to contact one of our trusted and skilled attorneys. Allow our team to fight on your behalf today.