If you’ve suffered a brain injury in San Diego, CA, due to someone else’s negligent behavior, finding the right advocate to stand by your side is crucial for your recovery. You may be entitled to compensation, and a San Diego personal injury lawyer with experience in brain injuries can make all the difference.
They’ll be able to guide you through each phase of the legal process, giving you the best chance at recovering what you deserve through a personal injury claim. If you’ve been injured in San Diego, California, we’re here to help. Contact the office of Pines Salomon Personal Injury Lawyers to schedule a free consultation at (858) 551-2090 with a San Diego brain injury lawyer.
How Pines Salomon Personal Injury Lawyers Can Help If You’re in an Accident
If you’ve been involved in an accident in San Diego, California, leading to a brain injury, our San Diego personal injury attorneys are ready to support and represent you. Here’s how we can help:
- We provide legal advice on the best course of action after your accident.
- We will collect all relevant evidence, including medical records and witness statements.
- We will handle all communications with the insurance company so you don’t have to worry. This is to ensure you receive a fair settlement offer.
We have over 30 years of experience and have won tens of millions of dollars for our clients. Moreover, we have been recognized by Super Lawyers, Martindale-Hubbell, and America’s Top 11 Personal Injury Attorneys for our achievements.
If you’ve experienced a brain injury in San Diego, California, we’re here to help. Contact Pines Salomon Personal Injury Lawyers to schedule a free consultation with a San Diego brain injury attorney.
How Common Are Brain Injuries in California?
Unfortunately, brain injuries are frequent incidents in California and across the country, with statistics underscoring the seriousness of the issue:
- In the United States, there are approximately 53,000 deaths each year due to brain injuries and 235,000 trips to the hospital.
- There are also 1.1 million trips to the ER each year because of traumatic brain injuries.
- In California, TBI contributed to 2,912 deaths among older adults in 2020.
- For older adults in California, TBI also caused 17,528 hospitalizations, and 15,708 emergency department (ED) visits that year.
If you’re one of the people who has experienced a brain injury, you may be entitled to compensation. Reach out to a lawyer as soon as possible.
What is My Brain Injury Case Worth?
The value of your brain injury case can depend on a variety of factors, and each case is unique. While it’s impossible to predict an exact amount without reviewing the specifics, the following are some of the primary elements that typically influence the value of a brain injury claim:
The Severity of the Injuries and Medical Expenses
Generally, the more severe your injuries are, the higher the settlement or verdict amount will be. Current medical expenses plus anticipated future costs for treatments play a role in determining case value.
At-Fault Party’s Willingness to Negotiate
A successful resolution relies on how open the other party and their insurance company are to settling the claim fairly. If they acknowledge responsibility and wish to avoid a trial, they might propose a more substantial settlement early in negotiations.
Insurance Coverage Limits
The at-fault party’s insurance coverage limits can also cap how much compensation is available in your case. If their policy limit is lower than what your case is worth, you will have to agree to settle for less than your damages, or you may have to file a personal injury lawsuit against the at-fault party.
Strength of the Evidence
The strength of your case and how much you’ll receive hinges on the quality and amount of evidence you can present. Strong, clear evidence that another party’s negligence caused your injury will typically increase the value of your claim because it improves the likelihood of winning at trial, meaning the at-fault party will be willing to provide a fair amount during settlement discussions.
If you’ve experienced a brain injury, the best way to determine what you’re entitled to is to reach out to a personal injury lawyer as soon as possible.
What Kind of Damages Are Available to Brain Injury Victims?
Victims of brain injuries may be entitled to multiple forms of damages. Understanding these categories is crucial so you know what compensation to pursue. Common types include:
Economic Damages
Economic damages refer to clear out-of-pocket costs associated with the injury, such as medical expenses, rehabilitation costs, lost wages from time off work, and property damage. In most cases, these losses can be calculated and documented fairly easily.
Non-Economic Damages
Non-economic damages are harder to quantify as they refer to the subjective, non-monetary impact of your injury. Non-economic damages can cover pain and suffering, emotional distress, loss of enjoyment in life activities that you can no longer participate in due to the injury, and loss of consortium or companionship.
Punitive Damages
Punitive damages are less common and may be awarded in cases where the defendant’s actions were particularly negligent or harmful. Unlike economic and non-economic damages, which are awarded to compensate the victim for their loss and suffering, punitive damages are designed to punish the wrongdoer and serve as a deterrent for similar future conduct.
Each type reflects different aspects of your losses due to a brain injury. A brain injury attorney can help you determine what you may be entitled to.
Can I Recover Compensation If I’m Being Blamed For a Brain Injury in California?
You can still recover compensation if you’re being blamed for a brain injury in California due to the state’s pure comparative negligence rule. However, your degree of fault reduces the amount of damages awarded to you. For example, If it’s determined that you were 25% responsible, you would be able to recover 75% of the damages awarded to you.
We’ll Fight to Recover Compensation For All Of Your Brain Injuries
Brain injuries can vary widely in terms of severity and impact. Some common types include:
- Traumatic brain injuries
- Concussions
- Contusions
- Diffuse axonal injuries
- Penetrating brain injuries
- Acquired brain injuries (like those caused by lack of oxygen)
No matter what type of brain injury you’re experiencing, we can help you recover compensation.
What Causes Most Brain Injuries in San Diego, California?
In San Diego, California, brain injuries can occur in several ways. Common causes include:
- Motor vehicle accidents
- Falls from heights
- Bicycle and pedestrian collisions
- Sports-related incidents
- Physical assaults or violence
- Workplace accidents
If you’ve experienced a brain injury in San Diego, it’s important to seek legal guidance as you may be entitled to compensation for your losses.
How Do I Prove Negligence After a Brain Injury in California?
To prove negligence following a brain injury in California, you’ll be required to establish the following legal elements.
- Duty of Care: First, you must show that the other party had a duty of care. This means that they were supposed to act in a certain way to prevent harm.
- Breach of Duty: Next, you must provide evidence that the at-fault party failed or breached this duty by acting negligently or not taking reasonable actions expected under the circumstances.
- Causation: You must demonstrate a clear link between their breach and your injury.
- Damage: Finally, you must show that you suffered actual damages as a result. This usually includes medical expenses, lost wages, or emotional distress.
Navigating the complex process of establishing negligence after a brain injury can be difficult, but a lawyer can help you.
How Long Do I Have to File a Lawsuit After a Brain Injury Accident in California?
In California, you typically have two years from the date of the accident to file a personal injury lawsuit after a brain injury. However, specific circumstances might affect this timeline. It’s always best to reach out to a lawyer as soon as possible after an incident and they can help determine the exact deadline for your case and ensure that you don’t forfeit your right to pursue compensation due to missed deadlines.
Contact Our San Diego Brain Injury Lawyers For a Free Consultation
If you’re dealing with a brain injury or you have a loved one who has experienced one, it’s important to take the right steps to get the justice and compensation you deserve. We understand how difficult these situations can be, as brain injuries have lasting effects on the victim and their loved ones. If you need help, we’re here for you. Contact Pines Salomon Personal Injury Lawyers to schedule a free consultation with a San Diego brain injury lawyer.