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What to do if a loved one suffers a catastrophic brain injury?

brain-Catastrophic.jpgIn 2014, the Centers for Disease Control and Prevention reported that there were 2.87 million traumatic brain injury-emergency department visits, hospitalizations and deaths (TBI-EDHD) in the United States. They also reported:

  • 2.53 million TBI-related emergency department visits
  • 288,000 TBI-related hospitalizations
  • 56,800 TBI-related deaths

Who is liable for TBI in California?

With statistics like these, it makes sense that you or someone you know will sustain or has sustained a traumatic brain injury, which the CDC defines as the disruption of normal function of the brain.

The CDC reports that traffic accidents are some of the most common causes of TBI, along with falls, sports injuries and gunshot wounds.

If you are in a car, truck or motorcycle accident, California law allows for more than one party to be liable for a catastrophic injury. In fact, no matter how you are injured, other parties could be held responsible. Some additional parties that might be liable include:

  • The other driver
  • The owner or property manager of the premises
  • The negligent person's employer
  • The manufacturer, distributor or seller of a defective product
  • The person's parent if they are younger than 18
  • Insurers
  • Corporations, partners and other legal entities

You can still recover even if you are at fault

In auto, truck and motorcycle accidents, even if you were at fault you can still recover compensation under California's comparative fault law. You can recover damages to the extent you were not at fault, even if you were more than 50 percent at fault. The percentage of fault is determined by a jury or negotiated out of court and any compensation is related to the amount of fault.

Among the damages an attorney can help you recover include:

  • Current and future medical bills
  • Physical or occupational therapy
  • Psychological therapy
  • Short- and long-term care
  • Lost wages and earning capacity
  • Pain and suffering
  • Disfigurement
  • Loss of enjoyment
  • Wrongful death
  • Punitive damages

While California's statute of limitations for personal injury is generally two years, in instances in which injury occurred over time and discovered late - such as traumatic brain injury - you can sue many years after the fact.

If you or someone you live has suffered a traumatic brain injury, or if you or a loved one is developing the symptoms of past traumatic brain injury, contact an experienced, qualified attorney to discuss your options.

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