Brain Injuries after Auto Accidents: Victims’ Rights to Pursue Legal Action
The negligence of drivers, the negligence of governmental entities, the negligence of auto manufacturers, and the negligence of mechanics, for example, could all contribute to auto accidents. Innocent parties could experience auto accidents that could change their lives forever. Some of the most severe injuries that victims of car accidents could suffer are brain injuries. Although brain injuries are often fatal, survivors of traumatic brain injuries are often left permanently debilitated, unable to have the same quality as life as prior to their accident.
If you or a member of your family suffered a traumatic brain injury after being involved in a car accident, it is essential that you seek legal assistance as soon as possible. Depending on the details surrounding your claim, you could be eligible to pursue a claim and even recover monetary compensation for the harm suffered.
To explore the possibility of filing a car accident claim after a traumatic brain injury, do not hesitate to contact our firm at your earliest convenience. The car accident lawyers at Downtown L.A. Law Group are ready to evaluate your claim and guide you towards pursuing a successful claim. If you would like to discuss your claim with the brain injury experts at our firm, do not hesitate to contact us today.
The Common Injuries Suffered in Car AccidentsCar accidents are, unfortunately, very common. As mentioned above, they occur for a number of reasons. Car accidents have the potential to cause significant injuries. Some of the common injuries associated with car accidents include the following: head injuries, brain injuries, neck injuries, back injuries, shoulder injuries, spinal cord injuries, pelvic injuries, hip injuries, fractures, sprains, strains, nerve damage, muscle damage, organ damage, and lacerations, for example. In most instances of car accidents, the victims involved suffer a combination of the injuries mentioned above. In some cases, the injuries are so severe that they have a fatal outcome.
Auto Accidents and Traumatic Brain InjuriesAlthough car accidents can result in significant injuries, some of the most devastating injuries, by far, are brain injuries. Every year, approximately 1.5 Americans suffer a traumatic brain injury. According to the CDC, approximately 230,000 people are hospitalized for their brain injuries and survive, an estimated 80,000 to 90,000 people develop a long-term disability due to their brain injury, and about 50,000 people lose their lives. What’s the leading cause of these traumatic brain injuries? The answer is simple – car accidents. In fact, more than half of all reported traumatic brain injuries are caused by car accidents.
Traumatic brain injuries are often associated with force that penetrates or fractures the skull; however, trauma to the brain could occur without penetration or fracturing of the skull. In car accidents, specifically when the head strikes an object (like the steering wheel, the dashboard, or even a door) the force of the impact can cause the brain to collide against the inside of the skull. This can result in both bruising and bleeding in the brain.
Traumatic brain injuries could also be caused by blunt trauma. Blunt trauma occurs when the impact to the head results in an open wound (from a head striking a windshield, for example). When the head impacts the stationary object, the brain on the opposite side of the impact is actually pulled away from the skull, resulting in an injury on the site opposite of the impact.
Brain injuries are very common, and they could result in significant long-term damage to affected parties.
The Symptoms Surrounding Brain InjuriesBrain injuries are not often immediately identifiable – especially if there is a lack of appropriate medical attention. Even with proper medical care, some of the symptoms of a brain injury could take days or weeks to become apparent, usually resulting in delayed diagnosis and treatment. The symptoms associated with traumatic brain injuries are different depending on the severity of the injury.
Mild brain injuries can result in the following symptoms:
- Blurred vision
- Changes in sense of smell
- Confusion and disorientation
- Dizziness
- Drowsiness and fatigue
- Emotional changes (depression, anxiety, and mood swings)
- Headaches
- Increased sensitivity to light and sound
- Issues with concentration and memory
- Loss of consciousness
- Loss or lack of balance
- Nausea and vomiting
- Ringing in the ears
- Sleep problems (difficulty sleeping or sleeping too much)
- Speech problems
Moderate to severe brain injuries can result in the following symptoms:
- Agitation
- Clear fluids leaking from ears/nose
- Coma
- Dilated pupils
- Extended loss of consciousness
- Inability to awaken from sleep
- Loss of coordination
- Persistent and worsening headaches
- Seizures
- Severe confusion
- Severe nausea and vomiting
- Slurred speech
- Tingling, numbness, and weakness in fingers and toes
Many might claim that the symptoms associated with brain injuries are just inconvenient and should be nothing to worry about. However, these symptoms could severely impair victims and prevent them from being able to live life like they used to prior to the injury. Unfortunately, these symptoms are just the start. Without the appropriate care, complications could develop.
$900,000
$600,000
$1.5 Million
$5.5 Million
$460,000
$1 Million
$750,000
$3 Million
Brain injuries after an auto accident should never be taken lightly. Some of the complications that could arise from a traumatic brain injury include the following:
- Altered consciousness (coma, minimally conscious state, vegetative state, brain death)
- Behavioral changes (verbal/physical outbursts, increase in risky behavior, lack of self-control, lack of awareness)
- Increased risk of developing different degenerative brain diseases (Dementia, Parkinson’s, Alzheimer’s)
- Significant emotional changes (irritability, mood swings, anxiety, depression, insomnia, anger, lack of empathy)
- Cognitive problems (concentration, attention, learning, memory, judgement, reasoning)
- Issues with executive functions (organizing, decision-making, problem-solving, planning, multitasking)
- Nerve damage (facial paralysis, loss of sensation, loss of sense of taste/smell, loss of vision, double vision, dizziness, hearing loss, ringing in ears, difficulty swallowing)
- Permanent physical issues (seizures, headaches, vertigo, infections, blood vessel damage, hydrocephalus)
- Sensory issues (dizziness/loss of balance, ringing in the ears, tingly/itchy sensation on the skin, issues smelling, prominent/constant bad smell or bitter taste, loss of hand-eye coordination, problems recognized objects, blind spots, double vision)
- Issues with language/communication (understanding speech/writing, issues speaking/writing, inability to organize ideas/thoughts, inability to follow conversations, inability to take turns speaking during conversation, inability to understand changes in pitch/emphasis/tone during conversation, inability to form words, inability to understand nonverbal signals)
Without a doubt, these complications are significant. Your life could completely change from one moment to the next.
Could You Sue for the Brain Injury Suffered in a Car Accident?If you suffered a brain injury in a car accident, could you pursue a claim? Could you pursue a claim if a member of your family suffered a traumatic brain injury during a car accident? Without a doubt, you could pursue a car accident claim for the brain injury that you or a member of your family suffered during an auto accident. Your right to pursue a claim is based on whether the accident was caused by the negligent actions of a party. In other words, if the car accident was caused by negligence of another driver, for example, you could likely pursue a claim.
Your right to sue for a brain injury resulting from a car accident is based on negligence, as mentioned above. Negligence consists of four different elements – duty of care, breach of duty, cause, and harm. All drivers owe a duty of care to others on the road. They must exercise care while behind the wheel and drive cautiously. As soon as drivers exercise any sort of recklessness (swerving, tailgating, speeding, etc.), they are breaching their duty of care towards other parties on the road. When drivers breach their duty of care and contribute to accidents that harm innocent parties, they could be liable for all harm suffered.
Just like drivers can be liable for auto accidents because they owe a duty of care to all parties on the road, other parties and entities could be liable (or at least partially liable for auto accidents). Some of these parties and entities include auto manufacturers, mechanics, and even city agencies, for example. What’s important is that these parties/entities owe a duty of care that they could breach, resulting in auto accidents.
So, can you sue if you suffered a brain injury in a car accident that was a direct result of a breached duty of care of a party or entity? The answer is simple – yes, you can sue. If you would like to learn more about your right to sue if you suffered a car accident that resulted in a traumatic brain injury, do not hesitate to seek legal assistance with our firm at your earliest convenience.
Are You Eligible to Recover Compensation?You suffered a brain injury in a car accident. Your car accident was a direct result of the negligent actions of a party or entity, so you decide you pursue a claim. Could you recover compensation? Are you eligible to recover compensation for the traumatic brain injury that you suffered in a car accident? Depending on the specific details surrounding your claim, you could be eligible to recover compensation for the harm that you suffered. How much compensation could you receive? What type of compensation could you be eligible to recover? Because the type and amount of compensation that you could be eligible to recover strictly depends on the details surrounding your claim, some questions regarding compensation for your claim should be reserved for your attorney.
Depending on the details of your claim, you could be eligible to recover compensation for at least some of the following:
- Medical expenses
- Lost earnings
- Pain and suffering
- Loss of consortium
- Funeral and burial costs
- Property damages
- Punitive damages
To ensure that you have a thorough understanding of the compensation that you might be eligible to receive if you file a claim and reach a successful outcome, you should seek legal assistance immediately. Our brain injury lawyers are ready to evaluate your claim and help you understand the potential value of your claim. Our car accident attorneys are ready to aggressively fight for your right to recover the highest amount of compensation available for your claim. Do not hesitate to contact our law firm today.
As explained above, you could sue and recover compensation if you suffered a brain injury or any type of harm in a car accident. However, you could lose your right to sue under certain circumstances. All claims, including car accident claims, are subject to a statute of limitations. A statute of limitations determines the total length of time that claimants have to file their claims. If they fail to file their claims with the appropriate length of time, affected parties could lose their right to sue as well as their right to receive any form of compensation.
How long do you have to pursue your claim? The answer to this question will vary depending on the specific details surrounding your claim. Typically, auto accident claims are subject to a two-year statute of limitations. This means that claimants only have two years to file their claims. However, as briefly mentioned above, there are cases in which government agencies are liable for accidents, meaning that stricter deadlines apply. In auto accident claims against government agencies, claimants are typically subject to a short six-month statute of limitations.
It is also important to note that certain exceptions could apply based on the details surrounding your claim. These exceptions could result in deadlines being tolled or paused. To ensure that you have a thorough understanding of the statute of limitations that applies to your claim, do not hesitate to contact our firm today.
What Should You Do?You were involved in an auto accident; now, what? After a car accident, it could be difficult to stay calm and think rationally. Because of this, many people fail to take the appropriate actions immediately after being harmed in an accident; this ultimately harms the possibility of being able to pursue a claim. There is no doubt that filing a claim is not the first thing victims and their families think about after being harmed in an auto accident.
Everyone involved in a car accident should follow certain steps, steps that could facilitate filing a claim at a later time (if victims and their families decide to pursue a claim). Consider the following recommended action:
- Take photos of the scene of the accident
- Take photos of all injuries sustained
- Take photos of all property damage
- Seek medical attention
- Speak to witnesses and collect their contact information
- Gather insurance information of all parties involved in the accident
- File an accident report with the authorities
- Identify surveillance cameras that might have captured your accident
- Seek legal assistance immediately
If at any point you feel clueless about what to do next, it is essential that you simply seek legal assistance. Our lawyers are ready to provide you with the guidance that you need to pursue your claim and reach a successful outcome.
Should You Seek Legal Assistance?Did you or a member of your family suffer a traumatic brain injury after being involved in a car accident? Without a doubt, suffering a traumatic brain injury could be life-altering. A brain injury could severely reduce the quality of life of victims and their entire families. Although filing a claim and recovering compensation cannot undo any of the harm that has been suffered, it could help victims and their families to move forward from such a distressing time.
If your car accident was caused by the negligent actions of a party or entity, you should explore the possibility of filing a claim – after all, the brain injury would not have occurred in the absence of negligence. To learn more about your right to file a claim after suffering a brain injury during a car accident, do not hesitate to contact our law firm today. You can trust the experts at Downtown L.A. Law Group to effectively handle your claim.
At Downtown L.A. Law Group, our lawyers have many years of experience handling all sorts of claims – including car accident claims. Not all car accident claims are the same, however, and we acknowledge that. When you allow our experts to handle your claim, you could be certain that your claim will be in good hands – and there will always be someone representing your best interests. We are dedicated to making the legal process as straightforward as possible.
At our firm, we offer free legal services to ensure that all affected parties have access to the legal representation that they need to pursue their claims and fight for their right to be compensated. Specifically, we offer free consultations and free second opinions. During our free consultations and free second opinions, our lawyers will be available to answer all questions and address all concerns. Our experts will provide you with all the information necessary to pursue your claim. If you would like to benefit from our free legal services, do not hesitate to contact our firm today.
Our law firm offers a Zero-Fee guarantee that ensures that our clients never have to worry about paying any upfront legal fees for any of our legal services. Our firm is also strictly based on a contingency structure; therefore, our clients will never be required to pay anything until after reaching a successful claim outcome.
To discuss the possibility of filing a car accident claim for the brain injury that you or a member of your family suffered, do not hesitate to contact us today.
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