San Bernardino Brain Injury Lawyer

San Bernardino Brain Injury Attorney

Of all the types of personal injuries, a brain injury is often the most catastrophic and life-altering. In San Bernardino, incidents such as motor vehicle collisions, workplace accidents, and falls are common causes of traumatic brain injuries (TBI). These injuries often require extensive medical care and can lead to significant physical, emotional, and financial challenges. Injured victims have the right to pursue compensation with the help of a San Bernardino brain injury lawyer.

Suffering from a traumatic brain injury can be extremely life-altering, especially if the condition has a significant impact on the emotional or physical well-being of the patient permanently. If your loved one has suffered from a traumatic brain injury, the situation can be made even worse by the fact that it was caused unnecessarily by negligence or wrongdoing.

At Duque & Price, our experienced legal team understands how difficult it can be to suffer from a brain injury. Whether you or your loved one has been hurt in an act of violence, slip and fall, workplace accident, or car crash, it is crucial to recover the compensation needed to heal or adapt to a new living situation. We have the resources and know-how to fight hard for both economic and non-economic damages, supporting your family throughout the claims process.

A Brief Summary of Traumatic Brain Injuries

Traumatic brain injuries happen when a sudden blow or force to the skull or head area results in irregular brain function. These types of injuries can either be mild, such as concussions, or be severe, leading to long-term or permanent disability. Some victims of traumatic brain injuries may even be in a vegetative state. A brain injury that seems to be minor can even have a large impact on an individual’s daily life, including their ability to work and enjoy time with family.

The skilled legal team at Duque & Price sees traumatic brain injuries that have been caused by the following common incidents:

• Car crashes. The sudden force of a car accident can cause the brain to hit the side of the skull, resulting in damage to the brain.
• Slip and fall accidents. A leading cause of traumatic brain injuries continues to be slip and fall accidents, which can be caused by uneven or wet surfaces or hazardous objects in a walkway.
• Workplace incidents. While TBIs can happen in all kinds of workplaces, they tend to be more commonly seen in industries that involve heavy machinery or more hazardous conditions, such as construction sites or warehouses.
• Violent acts. Intentional acts of violence, such as assault, can cause TBIs, especially if the attack involves a blow to the head.
• Sport injuries. Sports that involve continuous or sudden impact, such as football or boxing, can commonly lead to traumatic brain injuries.

Why Choose Duque & Price?

At Duque & Price, we understand the life-changing impact a brain injury can have on you and your family. Our team is dedicated to helping clients in San Bernardino secure the compensation they deserve, offering personalized attention and legal strategies tailored to the unique circumstances of each case.

We focus on thorough investigations, gathering compelling evidence, and advocating for maximum compensation to address your medical expenses, lost income, and long-term care needs. Our client-centered approach ensures clear communication and steadfast support at every stage of the legal process.

Common Causes of Brain Injuries

Brain injuries often result from accidents or incidents that involve sudden trauma to the head or brain. Motor vehicle collisions, including car, truck, and motorcycle accidents, are among the leading causes. Slip and falls, particularly on poorly maintained properties, are another common factor, especially for older adults and young children.

Accidents in the workplace may lead to third-party claims if caused by someone other than the employer, such as a contractor or equipment manufacturer. Acts of violence, such as assaults or firearm injuries, can also lead to traumatic brain damage. San Bernardino saw 244 aggravated assaults in 2019. Even when the assailant faces criminal charges, they can still be held financially liable in civil court.

Not every injury provides legal grounds for taking action through the courts, but many do. If the injury results from someone else’s negligence or misconduct, California provides a path for injured victims to hold the negligent party accountable through the filing of a personal injury claim.

Recovering From a Serious Head Injury

Moderate to severe traumatic brain injuries (TBIs) can cause lifelong physical, cognitive, and emotional challenges, significantly impacting daily life and overall health. According to the Centers for Disease Control, nearly 50% of individuals with TBIs experience a decline in function within five years of injury.

They often require coordinated, long-term care to help mitigate the costs of chronic conditions like depression and physical limitations. Proactive management can improve life expectancy and enhance the quality of life for TBI survivors.

Therapies such as occupational, speech, and physical therapy aim to restore lost functions and improve quality of life. Emotional recovery is equally critical because brain injuries often lead to anxiety, depression, or other psychological challenges.

Holding Negligent Parties Accountable

Holding the negligent party accountable for their actions can be a crucial step that supports the financial and emotional recovery of injured victims. Establishing liability often involves demonstrating that the responsible party failed to meet a duty of care, whether by acting recklessly, violating safety standards, or failing to address hazards. Investigations may include gathering evidence like accident reports, eyewitness testimony, and professional evaluations.

Once compensation is secured through a settlement or favorable court verdict, it can pay for a wide range of damages, including past and upcoming medical treatments, lost income, and even non-economic damages for the emotional toll suffered by the plaintiff.

The outcome of any given case often depends on the strength of the legal representation. By working with a law firm that has many years of experience, you can greatly improve the odds of a favorable outcome to your claim.

Secure Compensation for Your Traumatic Brain Injury

If you or a loved one is suffering from a traumatic brain injury caused by the wrongdoing or negligence of another individual in San Bernardino, it is crucial to hold them accountable for their behavior and get the compensation you’re entitled to. A skilled attorney from our firm is ready to help you during this challenging time to secure compensation for both the economic and non-economic damages your family has been subject to.

We can help you secure a package that fully covers all medical expenses, such as therapy, surgery, hospitalization, and other forms of long-term care. Furthermore, if you have missed time at work or have diminished earning capacity, we can help you recover these lost wages. From pain and suffering to future care needs, we can account for all of your losses to ensure you are adequately compensated.

FAQs

Q: Who Can Be Held Liable for a Brain Injury?

A: In California, the parties or entities that can be held liable for a brain injury depend on the specific details of the case, including the circumstances surrounding the accident. Potentially liable parties could include property managers or owners, defective product designers, manufacturers, or distributors, employers, and motor vehicle drivers. Medical professionals may also be held accountable.

Q: How Is Compensation Calculated for Brain Injury Cases?

A: For brain injury cases in California, compensation is typically calculated by taking into account all subsequent economic and non-economic damages. Economic damages can include loss of income, medical expenses, cost of rehabilitation, and any future at-home or medical care needs. Non-economic damages can include emotional distress, pain and suffering, and loss of consortium.

A skilled attorney can help you understand the specific compensation you’re entitled to.

Q: What Is the Statute of Limitations for Brain Injury Claims?

A: The California statute of limitations for brain injury claims is typically two years from the date the accident victim is injured. It is important to note, however, that the statute of limitations is subject to change depending on specific case details. For example, claims against medical providers or the government can have both shorter deadlines and different regulations or processes. To ensure your rights are protected, it’s crucial to contact an attorney.

Q: Can I File a Brain Injury Claim on Behalf of a Loved One?

A: Yes, if a loved one has been harmed in an accident that led to a severe brain injury that leaves them unable to represent themselves in a claim, you may be able to file a brain injury claim on their behalf. A skilled California brain injury attorney can assess the details of your case, evaluate your desired case outcomes, and help you design and implement an optimal legal plan to pursue justice on behalf of your loved one.

Q: What Evidence Is Needed for a Brain Injury Claim?

A: Evidence typically needed for a brain injury claim can include police reports, accident reports from authorities, statements from witnesses, and medical reports. Furthermore, testimony and explanations from experts, such as medical professionals, can strengthen a personal injury case. Any type of evidence that documents the impact the injury had on the victim’s life may be useful in a personal injury case. A skilled attorney can help you gather and present this evidence.

Q: What Is the Average Payout for Traumatic Brain Injury?

A: Payouts for traumatic brain injury cases vary widely. The amount depends on factors like the injury’s severity, medical expenses, lost wages, and long-term effects on quality of life. While no fixed average exists, cases involving permanent disability or extensive care needs often result in higher settlements or awards.

Q: What Is the Most Common Cause of Traumatic Brain Injuries?

A: Falls are the most common cause of traumatic brain injuries. While falls are common among seniors, people of all ages are at risk. Seniors and their loved ones can take steps to prevent falls by having regular check-ups, doing strengthening exercises, wearing safe footwear, and modifying the home. Firearms, assaults, and motor vehicle accidents often result in TBIs as well.

Q: Can You Take Legal Action for a Traumatic Brain Injury?

A: Yes, legal action can be taken for traumatic brain injuries if negligence or wrongful conduct caused the injury. A successful claim may provide compensation for medical expenses, lost wages, and emotional distress. Consulting an attorney ensures proper evaluation of your case and helps you pursue fair compensation for the damages sustained.

Q: How Long Does It Take to Settle a Brain Injury Case?

A: The time to settle a brain injury case depends on factors such as case complexity, evidence collection, and willingness to negotiate. Some cases settle more quickly, while others involving extensive damages or disputes may take years to resolve. An experienced attorney can help streamline the process and work toward a timely resolution.

Schedule Your Brain Injury Consultation Today

A brain injury can leave you with significant challenges and uncertainties about your future. Seeking legal guidance is a critical first step you can take to secure the resources needed for medical care, rehabilitation, and financial stability. At every step, the legal team of Duque & Price can provide legal counsel and support.

For years, residents of San Bernardino have relied on our trusted law firm to get results following a serious injury. Justice can come in the form of financial compensation once you begin working with our legal team. To learn more about how you can be compensated for your head injury, contact our office online today.