How Much Compensation Can I Get for My TBI?
A traumatic brain injury (TBI) can be an overwhelming experience for anyone. These injuries can often lead to cognitive impairment, which can cause life-altering consequences. If you or a loved one developed a TBI as the result of the careless or reckless acts of another person, you may be able to file a claim for financial compensation. Keep reading to learn more about TBI symptoms, possible compensation, and how a Los Angeles brain injury lawyer can aid your claim!
What are Typical TBI Symptoms?
Based on recent data, the CDC reports an average of about 586 TBI-related hospitalizations a day in the country. Traumatic brain injuries are caused by external forces to the head, which then leads to bleeding, swelling, or other damage to the brain tissue. Common TBI symptoms include:
- Headache
- Nausea
- Vision or hearing problems
- Confusion or disorientation
- Dilated pupils in one or both eyes
- Fatigue
- Numbness or tingling sensation in the arms and legs
- Agitation and other sudden mood swings
- Clumsy or uncoordinated movements
- And more
How Much Compensation Can I Get for My Traumatic Brain Injury?
Compensation for a TBI case can be difficult to give an exact value for without first speaking to a catastrophic injury attorney in Los Angeles who understands brain injury claims. Every case is different, and the value of each claim depends on individual factors. For example, a TBI claim stemming from a car accident caused by a drunk driver would have a different compensation outcome compared to a TBI claim arising from medical malpractice.
Common Factors Considered in TBI Compensation
While it can be difficult to assign all TBI lawsuits with one specific value, there are certain factors used to determine the worth of each claim when consulting with an attorney. Some of the factors taken into consideration include:
- The severity of the injury
- If disability came as a result of the TBI
- Medical expenses (both present and future)
- If physical rehabilitation is needed
- Loss of quality of life
- Established liability
- Punitive damages if the liable party is found to have engaged in similar reckless or negligent behaviors in the past
Can a Los Angeles Brain Injury Lawyer Help Me Obtain More Compensation?
Yes, it may be possible to reach a higher settlement amount when working with a brain injury lawyer compared to representing yourself. This is because attorneys have refined negotiation and mediation skills, being able to represent clients to the fullest extent to attempt to obtain more compensation. Brain injury lawyers can provide more help when it comes to gathering evidence, collecting the testimonies of credible witnesses, and navigating the legal complexities of a claim if represented in a court of law.
Frequently Asked Questions
How Can I Prove Someone Liable for My TBI?
If the actions of another person, business, or entity result in your traumatic brain injury, you should hold them liable in a brain injury claim. Proving someone liable for your TBI can be done with the use of evidence like medical imaging and documentation of injuries, photos and videos of the accident that directly caused the injury, eyewitness testimony from witnesses at the accident and TBI medical experts, and any notes of future physical rehabilitation and treatment as needed.
Is a TBI Difficult to Prove?
A traumatic brain injury is often considered difficult to prove due to it being an ‘invisible’ injury that can start to show symptoms after the initial accident took place. However, this is why seeking medical treatment is crucial, as diagnostic tests can be run to further highlight a brain injury and show its progression.
What Can Compensation Cover?
Compensation from a TBI lawsuit can be used to cover present and future medical expenses, physical rehabilitation, lost wages from work, disability, emotional and mental trauma, and more. Speaking with a Los Angeles brain injury attorney from BD&J can help you learn more about the value of your case and possible compensation.
Can I Still File a TBI Claim if Symptoms Appeared Later?
Yes, you can still file a claim. Some brain injuries can have delayed symptoms that appear days or weeks after the initial accident. This can be due to various reasons, including the complexities of the brain or evolution of injuries to the brain over a period of time. This is why medical checkups and further testing are crucial.
How Long Do I Have to File a Claim?
Filing a brain injury lawsuit must be done within the statute of limitations. In California, you must file a claim for your injury within 2 years, unless there are specific circumstances. California code CCP 340.5 states that in the case of a TBI developed from medical malpractice, a person has three years from the date of injury or one year from the date of discovery to pursue a claim.
How to Gather Evidence for a Traumatic Brain Injury Lawsuit
If you or a loved one suffered a brain injury due to the reckless or negligent actions of another party, filing a brain injury lawsuit can be the way to recover compensation. To successfully prove your traumatic brain injury, evidence is a necessity to support your claim. Gather evidence for your traumatic brain injury lawsuit with a Los Angeles brain injury lawyer by:
- Seeking medical attention and keeping track of records. – Often regarded as an invisible injury, TBI symptoms can be mild and evolve over time. Going to the hospital can be key to getting a proper diagnosis and also obtaining proper documentation for evidence.
- Documenting the accident scene. – Photos and videos of the accident scene can be key evidence in a brain injury claim. This can further prove the severity of the accident that caused your injury.
- Talking to witnesses who saw the accident unfold. – Getting the information of other witnesses who saw the initial accident can also be used to support your claim and paint a picture of the incident from a third viewpoint to further establish liability.
- Consulting with a brain injury attorney. – You don’t have to go through the legal hurdles of a brain injury lawsuit while dealing with painful and debilitating symptoms. Talk with a brain injury lawyer in Los Angeles to get started on your claim.
Brain Injury Lawyers in Los Angeles that Fight for Your Right to Compensation
Brain injuries can lead to tumultuous and stressful times for many people. Not only are you dealing with painful and draining symptoms, but the financial strain can be incredibly overwhelming on you and your family. While the compensation from a brain injury lawsuit can be hard to determine broadly, speaking with a brain injury lawyer in Los Angeles can help.
At BD&J, our team of advocate brain injury attorneys diligently aid clients through each step of the claims process. With more than $2 billion recovered* for injured Californians, we are eager to seek justice and rightful compensation for you and your loved ones. No fees until we win*. Call us now to book your free consultation.
