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Recoverable compensation for a traumatic brain injury after a San Diego car accident.

California – August 20, 2022

Automobile accidents are responsible for at least half of reported traumatic brain injuries (TBI), and the Centers for Disease Control (CDC) reports that motor vehicle crashes are the leading cause of TBI, resulting in hospitalization.  A car accident attorney can answer questions regarding options for compensation of injuries and related expenses when another party’s actions caused long term negative lifestyle adjustments caused by a brain injury in San Diego.

Recoverable damages awarded.

Blunt trauma is a serious type of head injury that can occur in an automobile accident when a moving head strikes a stationary object like the windshield.  It is important for accident victims to receive proper diagnostic screening even when injuries seem minor because TBI, referred to as an invisible epidemic, may have caused more damage than is visible. Head injuries can have short- and long-term negative effects on accident victims and TBI-related disability can cause enormous financial burdens for victims and families.

Legal criteria.

Two criteria that must be met for legal compensation of a brain injury lawsuit include: 1) accident victim must have suffered damages as a result; and 2) the cause of the brain injury was based on the actions of another person, or business. If the personal injury litigation attorney is successful, a claim award will address the losses that include:

  • Past and future medical expenses for brain injury related treatment including emergency care, hospitalization, long term rehabilitation, and home care,
  • Injury-related non-medical costs for personal care in activities of daily living, and to modify living spaces to accommodate for changes to cognitive and physical impairment,
  • Lost wages, lost future earnings and expenses related to job-related training for gainful income in another industry, when possible,
  • Pain and suffering, loss of consortium and companionship,

Insured drivers.

California law requires that drivers have a way to cover costs related to damages, or injuries they have caused in a car accident. Purchasing liability car insurance is the simplest and most common way people choose to meet this requirement. Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another during ordinary care, and California Law requires the negligent person to be responsible to the victims of their harms. Recoverable damage compensation will be adjusted to a percentage of fault assigned to accident victims.   

Hire a lawyer.

Seek legal counsel immediately after a car crash involving brain injury.  An experienced attorney who is familiar with California accident laws can be reached at the Law Offices of Jeffrey E. Estes & Associates, and will take action to build a winning personal injury case against the negligent driver.

Jeffrey E. Estes & Associates, a Professional Law Corporation

501 West Broadway, Suite 1650

San Diego, CA 92101

Phone: 619-233-8021

Fax: 619-233-3730

Sources:

  1. https://www.cdc.gov/traumaticbraininjury/pubs/tbi_report_to_congress.html
  2. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=20001

 

 

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