California Law Changes for 2021
January 12, 2021
Los Angeles, California
Brain Injury Lawyers
FARAHI LAW FIRM, APC
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Brain Injury Lawyers in Los Angeles, California
Farahi Law Firm’s Traumatic Los Angeles Brain Injury Lawyers, California know the stakes in such personal injury claims. Hence, we advocate aggressively for brain injury victims and their families.
The financial burden of brain injuries should not be borne by the victims. Our skilled brain injury attorneys will hold the liable party accountable for its actions and fight to ensure you recover the monetary settlement to which you are entitled.
The consequences of brain injury are unpredictable and can change lives in a matter of seconds. Whether you have suffered a brain injury or your loved one, know, you are not alone. We are here for you. Contact our experienced and compassionate Los Angeles brain injury lawyers today.
What is Traumatic Brain Injury (TBI)?
All traumatic brain injuries are head injuries. But head injury is not necessarily brain injury. Brain injuries are of two main types: traumatic brain injury and acquired brain injury. Both disrupt the brain’s normal functioning. An Acquired Brain Injury (ABI) is an injury caused to the brain since birth or from neurological issues like tumor, stroke, brain hemorrhage etc. Whereas a Traumatic Brain Injury (TBI) is caused by an external force.
Traumatic Brain Injury or TBI is defined as a bump, blow or jolt to the head or a penetrating head injury that disrupts the normal function of the brain. Sudden force causes the brain to move inside the skull and damages the brain in response. The effects of a traumatic brain injury may vary widely , depending on a number of factors such as the type, location, and severity of the injury.
Traumatic brain injury is a serious public health issue in the US. TBIs per year lead to a significant number of fatalities and permanent disability cases. According to the Centers for Disease Control and Prevention (CDC), approximately 2.87 million TBI-related emergency department visits, hospitalizations, and deaths occurred in the US in 2014, including more than 837,000 children. An estimated cumulative 5.3 million people in the United States are living with a TBI-related disability according to the National Center for Injury Prevention and Control.
The Most Common Causes of Traumatic Brain Injuries:
Following events are listed by the CDC as the most common cause of traumatic brain injury:
- Falls – Falls contributing brain injury may occur anywhere. For example, due to wet floors in stores or offices, at stairs without handrails, in places with inadequate lighting, nursing homes etc. Falls accounted for nearly half (48 per cent) of all visits to the emergency department related to TBI.
- Being Struck by/against an object – Brain injuries suffered as a result of being struck by or against something is quite common with construction workers, individuals in active sports such as football or boxing, military personnel etc.
- Motor vehicle accidents – Motor vehicle crashes are the second leading cause of traumatic brain injuries. Approximately 20 % of TBI-related hospitalizations are because of motor vehicle crashes. Whiplash, a sudden jerk to the neck or head in a car crash, may also result in a traumatic brain injury. Other reasons of brain injury in auto crashes are when the head hits the steering wheel, dashboard, or side window.
- Assaults – Assaults are another common cause of traumatic brain injury. Gunshot wounds, domestic violence, Shaken baby syndrome are some common examples.
Typical Symptoms of a Serious Brain Injury
The person with serious brain injury is most likely to suffer significant problems and is at a greater risk of prolonged unconsciousness. Brain injury is life-changing and debilitating, the victim may be dependent on the care of others for the rest of their lives. The symptoms of brain damage, whether traumatic or acquired, fall into four major categories – cognitive, perceptual, behavioral, and physical disabilities.
- Cognitive symptoms include:
- Difficulty in processing information
- Difficulty in expressing thoughts
- Trouble in understanding others
- Shortened attention span
- Inability to understand abstract concepts
- Reduced ability to take decisions
- Memory loss
- Perceptual symptoms include:
- Change in hearing or vision,
- Lost sense of smell or touch
- Spatial disorientation
- Unable to sense time
- Balance issues
- Raised pain sensitivity
- Physical symptoms include:
- Persistent headaches
- Extreme mental fatigue and physical fatigue
- Paralysis
- Tremors or Seizures
- Sensitivity to light
- Sleep disturbances
- Slurred speech
- Loss of consciousness
- Behavioral/emotional symptoms include:
- Irritability and impatience
- Reduced stress tolerance
- Sluggishness
- Emotions or reactions faded or heightened
- Disability denial
- Increase in aggressiveness
Brain injuries often go unnoticed by people for a long time if there isn’t any visible injury to the head. Thus, it’s essential to thoroughly get examined by a medical practitioner after an accident, especially if the accident has impacted the head in any way. Keep in mind, victims never get compensated if their traumatic brain injury remains undiagnosed. Injured in an accident that was not your fault? Obtain legal counsel from an experienced brain injury attorney in Los Angeles as soon as possible to protect your rights.
Recovering Compensation for a Brain Injury in Los Angeles
The effects of brain injury are often long-lasting and recovery is considered to be slow. It may take the victim, weeks, months, or even years to fully recover. In some cases, people with serious brain injuries face only mild difficulties for weeks or months, while others may require special care or treatment for the rest of their lives.
Having experienced Los Angeles brain injury lawyers can make a significant difference in the amount you receive to cover your present and future expenses related to a traumatic brain injury. At Farahi Law Firm, APC, our experienced Los Angeles traumatic brain injury attorneys will fight for a full and fair recovery for our clients, including compensation for:
- Medical expenses – A severe brain injury may involve a lengthy rehabilitation requiring emergency treatment, surgery, weeks of hospitalization and intensive care accompanied by weeks or months of physical therapy, amounting to hundreds of thousands of dollars in medical expenses. Future medical care can be needed to restore simple motor skills and independent activity.
- Lost wages or loss of future earnings – If the severe brain injury limits your ability to work or the type of work you can do, you may be entitled to compensation for the loss of income since the injury and for decreased future earning capacity.
- Pain and suffering – You may seek compensation for distress, both physical and mental, that results from your traumatic brain injury.
- Loss of consortium – Spouse and family members may be entitled to this compensation, if the victim’s traumatic brain injury damages the capacity to provide a partner or loved one’s companionship and to participate in family relationships. Because such types of claims are often challenging to measure, an experienced brain injury lawyer should be hired to obtain the optimum compensation.
In some rare cases, punitive damages may be awarded by a judge or jury. While the above-mentioned damages are intended to compensate a victim for his or her losses, punitive damages are intended to punish the defendant. As a TBI victim, it is critical to understand the insurance company is not on your side.
Insurance adjusters will apply every tactic possible to lower down the value of your claim. Thus, it’s vital to get advice from competent brain injury lawyers in Los Angeles immediately after the incident or as soon as possible. Brain injury lawyers at Farahi Law Firm, APC understand what such an injury will cost you decades down the road, and with aggressive representation they ensure you get an award that fully compensates you.
How Our Brain Injury Lawyers Can Help You
A traumatic brain injury has serious consequences, choose Los Angeles brain injury lawyers who can aggressively fight for your rights. An experienced personal injury attorney at Farahi Law Firm, APC will ensure that you get all the monetary damages to which you are entitled. Here’s what our competent Los Angeles brain injury lawyers can do for you:
- Help you navigate the claims process – Every brain injury lawsuit is complex in its own sense and it can be difficult to deal to insurance companies . Our expert Los Angeles brain injury lawyers will ensure your full and fair compensation rights are secured.
- Deal with insurance companies on your behalf – For our clients, the relief from the stress of dealing with insurance companies is one of the most important aspects of their partnership with our law firm. Our brain injury attorneys will be dealing with the insurance companies on your behalf and advocate for the rightful compensation.
- Conduct a detailed investigation – Our attorneys will conduct detailed investigation of your case, collect paperwork, speak to witnesses, and determine exactly what happened. You will be kept updated about the details required to develop the argument and protect important information regarding the injuries.
- Help you get right treatment – Our brain injury attorneys will consult your physicians and other medical experts to evaluate your physical harm and discuss the expected course of treatment and future medical needs.
- Present your case for fair settlement – Our experts will estimate the severity of the damages including present and potential medical expenses, loss of income, reduced earning capacity, discomfort and distress and other associated losses. We will help you file a lawsuit for fair settlement of your brain injury claim.
A qualified law firm will meticulously manage any cases regarding traumatic brain injuries. If you or a loved one in Los Angeles have suffered a traumatic brain injury and you believe it was someone else’s fault, we encourage you to immediately contact Farahi Law Firm, APC. Our experienced brain injury lawyer will give you a free, confidential consultation with no obligation to you whatsoever. Contact us today at (310) 601-4925.
Frequently Asked Questions
Your brain injury claim depends on the specific conditions, like how it happened, who is liable for it, etc. Motor vehicle accidents, intentional harm, slip and fall accidents, and other impacts usually come under the personal injury or premises liability umbrella. If the hospital, doctor or medical staff failed to provide reasonable care to the victim and caused him to sustain brain injury, a medical malpractice lawsuit can be initiated.
Car crashes can be catastrophic, and traumatic brain injury ( TBI) may be one of the most severe and life-threatening consequences of a motor vehicle collision. In a motor vehicle collision, a blunt impact to the head or a whiplash-type injury may cause brain injury.
California is a tort law state, which means you can recover compensation for your damages from the at-fault party’s insurer in an accident. For a person who has suffered a brain injury because of an accident, the typical source of recovery is the insurance company for the negligent driver or property owner.
Negligence is established by proving these four elements:
- Duty to care: The defendant had a general legal obligation of avoiding actions or situations that can be dangerous for others.
- Breach of duty: Defendant failed to practice the duty to care.
- Causation: The breach of duty is the cause of the accident.
- Damages: The breach of duty resulted in injury and losses.
Follow these tips to reduce the risk of brain injury in motor vehicle crashes in Los Angeles :
- Whether driving or sitting as a passenger, always wear a seat belt in a car. Always put kids in the car’s backseat, secured in a child safety seat.
- Don’t drive under the influence of alcohol or drugs, as it impairs your driving ability.
- Always wear a helmet while riding a bicycle, motorcycle , or skateboard.
- Always be vigilant while crossing the road as a pedestrian.
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