A direct and forceful impact on a person’s head can cause a traumatic brain injury (TBI). When a TBI is the result of another’s negligence, compensation is available to injury victims by pursuing a claim through California’s civil system for compensation for TBI. There are time limits on filing a TBI injury claim, which means that it is imperative to act sooner so that victims or their loved ones have the option of pursuing one.
Anyone can sustain a TBI, but most commonly, they are caused by motor vehicle accidents, workplace accidents, and playing high-impact sports. The signs and symptoms associated with TBIs include changes in personality, cognitive losses, and mobility issues. These issues can affect a person’s mental abilities for the rest of his or her life.
Discussing your injuries with a Los Angeles personal injury lawyer can help you understand all of your options for legal redress related to your financial, emotional, and physical losses. He or she will help you to understand the merits of your case while providing guidance and legal counsel.
Compensation Available in California for TBIs
The impact of a traumatic brain injury goes far beyond physical problems. It requires careful monitoring and treatment by medical providers while affecting your ability to work and earn a living. Not to mention that they also cause emotional anguish and physical pain, especially when your loved one’s TBI results in death.
Courts throughout California offer the following types of monetary awards to TBI injury victims with prevailing claims:
- Economic damages: Economic damages compensate you for your out-of-pocket costs related to your injuries relating to medical expenses, lost wages and benefits from work, and future anticipated medical care. The State of California does not place a cap on the amount of damages you can receive for your economic damages.
- Noneconomic damages: Non-economic damages seek to compensate you for your emotional losses for pain and suffering, mental anguish, loss of life, wrongful death, and more. The State of California does not place a cap on the amount of damages you can receive for your non-economic damages.
- Punitive damages: Punitive damages, in personal injury claims, are not often awarded. Instead, they are reserved for cases that involve defendants, who have exhibited a gross level of negligence toward its victims. The State of California does not place a cap on the amount of damages you can receive for your punitive damages.
As you can see, there is a comprehensive opportunity to seek redress for all of your losses. While compensation for TBI does not fully restore you to your previous condition, it can help reduce the financial stress associated with an injury that you did not cause.
The Statute of Limitations to File a Claim
Like all US states, California places a time limit—or statute of limitations—on your ability to file a personal injury claim in court. This timeframe affords you ample time to understand your future prognosis and outlook without placing an undue burden on the civil justice system.
- General personal injury: Up to two years from the date of your injury
- Medical malpractice: Up to two years from the date of your injury
- Wrongful death: Up to two years from the date of your family member’s death
- Government claims: Up to six months from the date of your injury
Depending upon the particulars of your TBI, the time limits may vary. Missing these deadlines means that you may not be able to file a claim, in general and get compensation for TBI. However, California laws also provide for exceptions under specific circumstances that prevented your ability to seek redress. Therefore, you will want to discuss your particular situation with a Los Angeles personal injury lawyer for more information.
Causes of Traumatic Brain Injuries
A traumatic brain injury can happen anywhere at any time. They typically result from a heavy blow to one’s head. As a result of an impact, the brain pushes against the accident victim’s skull, which causes nerve damage, bruising, and internal bleeding. These types of injuries can cause permanent disability or even death.