An accident that causes brain damage can change nearly every part of your life, including your job and your ability to perform daily tasks. The things you once loved doing could be too frustrating or not as fulfilling as they were before your accident.
While your injury might improve over time, it could also cause a permanent and debilitating disability. Fortunately, you have options for collecting compensation from the person whose thoughtless actions or reckless behavior caused your injuries.
Our dedicated catastrophic injury attorneys are here to help you through the civil claims process. Schedule a meeting with one of our compassionate Bakersfield traumatic brain injury lawyers to begin your case.
How Do Traumatic Brain Injuries Occur?
Traumatic brain injuries, or TBIs, can happen during any accident during which someone sustains a forceful blow to the head. The symptoms of brain damage or cognitive impairment range from mild to severe. Often, these injuries occur because of:
- Gunshot wounds
- Falls from heights
- Violent attacks and other assaults
- Car crashes, including those involving only one vehicle
A TBI attorney in Bakersfield has the experience to build a powerful case proving the extent of damages and recover a fair settlement from the at-fault party.
The Two Primary Types
A person could sustain a closed or penetrating brain injury. Closed brain injuries are most common, happening after something strikes a person’s skull. Penetrating injuries occur after an object strikes and penetrates the skull and damages the brain.
Recoverable Damages in a TBI Lawsuit
The severity of a person’s injuries and how they will affect their life are factors the court considers when calculating the settlement. The court also considers the at-fault party’s actions leading up to the incident. Examples of the damages the court could award compensation for include:
- The entire cost of medical care, including emergency room visits, follow-up appointments, physical or psychological therapy, medical equipment, and prescriptions
- Home renovations and transportation costs for healthcare appointments
- Permanent disability, dissatisfaction, and loss of the enjoyment of life
- Pain and suffering
- Mental and emotional trauma and distress
A lawyer in Bakersfield has the skills to gather essential evidence proving out-of-pocket expenses and noneconomic damages resulting from traumatic brain damage.
Deadline to File the Petition
The statute of limitations restricts the time to commence legal action in personal injury cases. The California Code of Civil Procedure § 335.1 requires the claimant in a personal injury lawsuit to file the petition within two years of the accident. Missing the statutory deadline means losing eligibility to collect damages from the liable party.
When the plaintiff is a minor, the prescriptive period begins on their 18th birthday and expires when they turn 20. Taking quick action to prepare the case is in the petitioner’s best interest, as the crucial evidence needed to prove fault is fresh and available. A Bakersfield attorney can ensure that an injured person’s lawsuit following a TBI is filed promptly.
Speak to a Diligent Traumatic Brain Injury Attorney in Bakersfield Today
An accident leading to brain damage can upend your entire life instantly, damaging your physical, emotional, and financial wellbeing. You can seek justice through legal action when another person’s recklessness causes harm.
Schedule a meeting with a hardworking Bakersfield traumatic brain injury lawyer to review your legal options for collecting the maximum potential settlement. Our dedicated and energetic attorneys are prepared to help you get the compensation you deserve.