Costa Mesa Brain Injury Lawyers
Severe traumatic brain injury (TBI) ranks among the most devastating injuries an accident victim can suffer. It can have life-altering consequences for both the injured person and their families. If you or a loved one has sustained traumatic brain injury in Costa Mesa due to an act of negligence by another party, our Orange County personal injury attorneys at Allen, Flatt, Ballidis & Leslie can help you pursue the maximum compensation available to cover your medical treatment, and other losses.
TBI is an injury to the brain caused by an external force. It is a disruption in the brain’s normal function caused by a blow, bump, or jolt to the head or by a penetrating head injury. Mild traumatic brain injury affects the brain temporarily. Severe TBI may involve bruising, bleeding, torn tissues, and other physical damage to the brain that is life-threatening or cause long-term complications or impairments.
Traumatic brain injury has many different causes. Among the most common are:
- Falls: TBI caused by a fall can happen in the workplace, on a construction site, or in slip or trip and fall accident on someone else’s property. Falls are the leading cause of traumatic brain injury overall, and particularly among children and older adults.
- Motor vehicle collisions: Car accidents, motorcycle accidents, bicycle accidents, and pedestrian accidents are common causes of TBI.
- Sports injuries: People who participate in high-impact or extreme sports have a higher risk of traumatic brain injury. TBI is common in sports such as football, baseball, soccer, hockey, boxing, skateboarding, and lacrosse.
- Explosive blasts: Explosions can cause traumatic brain injury, and so can penetrating wounds, blows to the head with flying debris, falls, and bodily collisions with objects following a blast.
In California, individuals who suffer traumatic brain injury through the negligence of another may seek economic, noneconomic, and, in some cases, punitive damages.
Economic Damages for TBI
Economic damages are designed to compensate the injured for financial losses. After a serious traumatic brain injury, you may be entitled to seek the following economic damages:
- Property damage
- Medical expenses
- Lost earnings
- Therapy and rehabilitation
- Residence in a nursing facility
- In-home care
- Modifications to the home
- Assistive/adaptive equipment and medical devices
- Loss of future income or earning capacity
- Future medical care and related expenses
- Household services you would have provided if not for the injury
Noneconomic Damages for TBI
You may also seek compensation for nonfinancial losses, which may include:
- Pain and suffering, past and future
- Physical impairments
- Mental impairments
- Diminished quality of life
- Loss of consortium (right of association or companionship with a husband or wife)
As there is no easy way to put a dollar figure on noneconomic damages, juries have broad discretion in determining amounts.
Punitive Damages for TBI
Also known as exemplary damages, punitive damages are designed to punish the defendant and deter similar actions in the future. Under California law, punitive damages may be awarded for particularly egregious behavior, such as drunk driving. To receive punitive damages for traumatic brain injury, you must show that there was malice (intentional misconduct), oppression (willful, conscious disregard of your rights), or fraud (intentional misrepresentation, deceit, or concealment) by the party responsible for your injuries.
Medical expenses alone can total more than a million dollars over the course of a victim’s lifetime for traumatic brain injury. Loss of future earning capacity damages can be significant when TBI results in disability. TBI claims are high-stakes cases, and insurance companies have teams of attorneys on the payroll to fight these claims and attempt to minimize compensation payouts. You need a tough legal advocate with a successful track record on your side, who has the knowledge, skills, and resources to face down the opposition and fight aggressively for the compensation you deserve.
If you or your loved one has suffered a traumatic brain injury in an accident that was someone else’s fault, contact a Costa Mesa brain injury attorney at Allen, Flatt, Ballidis & Leslie at (949) 752-7474 as soon as possible. We can explain your options under the law.
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