A brain injury is usually caused by a forceful impact against the head or body. Sometimes it is a result of an object entering the skull. In other cases it maybe caused by a violent movement of the head such as being struck by a car. In its mildest forms, it causes only a temporary change in how the brain cells work. However, a brain injury may also be a catastrophic injury, causing permanent or long-term complications that affect an accident victim’s daily living. Brain injuries may arise from car, motorcycle, or truck crashes, swimming pool accidents, construction mishaps, dangerous property conditions, and many other types of events. If you have been hurt as a result of someone else’s negligent or wrongful conduct, California brain injury attorney Travis G. Black may be able to assist you in recovering compensation.
Taking Legal Action Based on a Brain Injury
When a brain injury is catastrophic, it may change your life forever. You may require lifelong assistance with daily tasks or face an inability to perform tasks necessary to your career, and your relationship with your partner may be altered in unexpected ways due to the loss of function. Sometimes the effect of these injuries may be helped by various therapies and treatments, or accommodations. However, for many people, the costs associated with addressing brain injuries so that they can live happy, productive lives are extremely expensive. By bringing a personal injury lawsuit against the person or entity responsible for the brain injury, you may be able to afford the care that you need.
Damages available in most personal injury cases are compensatory. In other words, they are intended to put an accident victim in the position in which they would have been had the accident not happened. These economic and non-economic damages may include treatment costs, medical mileage, lost wages, household services, medical devices, medication, therapy bills, pain and suffering, lost enjoyment of life, and mental anguish. Generally, noneconomic or general damages are more subjective and may be very different depending on the specific plaintiff and accident.
To recover damages in most personal injury cases, you will need to establish negligence. This means that you will need to prove by a preponderance of the evidence the defendant’s duty, a breach of duty, causation, and damages. All of these elements must be established.
The facts needed to support the required elements are based on the circumstances. For example, in a car accident case, a defendant may breach the duty to use reasonable care by texting while driving or failing to stop at a stop sign, thereby crashing into the plaintiff. As another example, in a slip and fall case, a grocery store may breach its duty to keep its premises reasonably safe for customers by failing to clean up spills, thereby causing injuries to a shopper.
Seek Assistance From a Brain Injury Attorney in California
Brain injuries are serious. Folsom brain injury lawyer Travis G. Black worked for the insurance industry and served as a police officer before establishing his own firm. He now wields his knowledge of these industries in the service of his clients. You should consult The Law Office of Black & DePaoli, PC if you need a car accident attorney or guidance in any other personal injury claim.