Brain injuries can result in lifelong cognitive and physical disabilities. Additionally, these injuries can also lead to a lifetime of major medical expenses and lost wages. At ABDI & Associates, our team is here to help if you need a Los Angeles brain injury attorney by your side. If the careless or negligent actions of another individual or entity caused you or a loved one to sustain a brain injury, you need an attorney by your side to help you recover full compensation for your losses. Our team will investigate your claim, determine liability, and fully represent you against insurance carriers and in court.
Why Choose ABDI & Associates for a Los Angeles Brain Injury Claim?
At ABDI & Associates, we have a team dedicated to securing justice and compensation for those who have sustained serious brain injuries caused by other parties.
· Our team has experience standing up to insurance carriers that do not want to look at the long-term costs of serious injuries.
· We have no problem taking a brain injury claim all the way to trial if that is what it takes to secure full compensation for our clients.
· Attorney Shawn Abdi will take the time to listen to the goals and needs of you and your family as he moves forward with your case strategy.
Why You Need a Lawyer for a Brain Injury Claim
If you or a loved one sustain a brain injury, the focus needs to be on recovery and handling any pain or discomfort. It can be very challenging to try and also balance a personal injury claim or lawsuit in court. That is where an attorney comes in.
A brain injury lawyer in Los Angeles will handle every aspect of these cases on behalf of the victim. This includes conducting an extensive investigation into the cause of the incident in order to determine liability.
Additionally, a lawyer will work with trusted medical and financial experts to adequately calculate a victim’s total expected losses, including long-term expenses. Finally, a lawyer will engage in negotiations with insurance carriers and other parties involved to recover the compensation their client needs.
Paying for a Brain Injury Attorney in Los Angeles
Individuals often shy away from contacting an attorney after sustaining a serious injury in Los Angeles. Typically, individuals think that there is no way they will be able to afford a lawyer to help them stand up against the insurance carriers or other parties involved. That is not the case. At ABDI & Associates, we proudly handle brain injury claims in Los Angeles on a contingency fee basis. This means that clients will face no upfront or out-of-pocket costs while their case is ongoing. In fact, we will not collect any legal fees until after successfully recovering the compensation that our clients need. If we do not win, our clients do not pay anything.
Common Causes of Brain Injuries in Los Angeles
Brain injuries can occur in a wide variety of ways in and around the Los Angeles area. Oftentimes, these injuries are caused by the careless or negligent actions of other individuals, entities, or companies. Some of the most common causes of brain injuries that we help clients with include the following:
Data available from the California Office of Traffic Safety indicates that there were more than 200,000 total motor vehicle accident injuries reported across the state during the latest year of data available. While not all of these injuries are necessarily head injuries, traumatic brain injuries do certainly occur regularly.
Commercial truck accidents
Large commercial trucks can weigh as much as 80,000 pounds when fully loaded, and incidents involving these vehicles and smaller passenger vehicles are much more likely to result in traumatic brain injuries than traditional crashes.
Pedestrian and bicycle accidents
Pedestrians and bicyclists are considered vulnerable roadway users because they are much more likely to sustain severe injuries in the event a collision occurs involving a motor vehicle. Pedestrians and bicyclists are much more likely to sustain head injuries when an accident occurs.
Defective product incidents
Defective products make it into our homes and workplaces all the time. This can include defective appliances, toys, electronics, vehicles, and more. Depending on the type of product and how it is being used, a brain injury could occur as a result of a defect.
Premises liability incidents
There are various types of incidents that can occur on other people’s property that could lead to brain injuries. This can include slip and fall injuries, items falling from shelves, poorly repaired or maintained steps or elevators, and more. Property owners have a duty of care to ensure the safety of those who have a right to be on the premises.
Swimming pool and hot tub accidents
Swimming pools and hot tubs present a heightened risk of slip and fall incidents that could lead to a traumatic brain injury. However, brain injuries can also occur if a person sustains a near-drowning incident. Anytime a person takes water into their lungs and stops breathing, this can halt the flow of oxygen to the brain and can lead to a traumatic brain injury.
The workplace should be an area of safety for employees, but that is not always the case. Workplace injuries occur all the time, and they happen in much the same way that injuries occur outside of the workplace. However, individuals who work in riskier industries, such as construction, transportation, manufacturing, and warehousing, face an increased risk of sustaining a traumatic brain injury.
Short and Long-Term Effects of a Brain Injury
At ABDI & Associates, our team understands that brain injuries can significantly affect an individual’s life. Some of the effects of a traumatic brain injury take place right away, but other effects can last for significant periods of time. In fact, sometimes, the effects of a traumatic brain injury are lifelong.
The Mayo Clinic says that brain injuries occur as a result of “a violent blow or jolt to the head or body.” Additionally, these injuries can occur if the skull is penetrated, causing parts of the skull or other objects to enter the brain area.
The symptoms of a traumatic brain injury and how long they last typically revolve around the severity of the initial injury. Here, we want to examine symptoms based on the severity of traumatic brain injuries.
Mild traumatic brain injury
A mild traumatic brain injury can have a range of physical, sensory, and cognitive symptoms. Some of the most common physical symptoms, which are typically present amongst all levels of severity of brain injuries, include:
· Vomiting and nausea
· Drowsiness and fatigue
· Speech problems
· Dizziness or loss of balance
· Blurred vision
· Ringing in the ears
· Sensitivity to light and sound
For a mild traumatic brain injury, some of the most common cognitive and mental symptoms include a temporary loss of consciousness, memory loss or concentration problems, mood swings, feelings of depression or anxiety, difficulty sleeping, and more.
Moderate to severe traumatic brain injury
Moderate to severe traumatic brain injuries can include all of the same symptoms we mentioned above, but there will likely be other symptoms that are longer lasting. Some of the physical symptoms present in moderate to severe brain injuries include:
· Loss of consciousness lasting several hours
· Persistent headaches that worsen over time
· Continued nausea and vomiting
· Seizures or convulsions
· Dilation of one or both pupils
· Clear fluid draining from the ears or nose
· Trouble waking up
· Weakness or numbness in the fingers or toes
· Loss of coordination
Some of the more severe cognitive or mental symptoms associated with these types of brain injuries include profound confusion, combativeness or agitation, slurred speech, and even a long-term coma.
Brain injury symptoms for children
The reality is that the signs and symptoms of a traumatic brain injury may not be as apparent in children in infants as it is in adults. Unfortunately, younger infants and kids are not as easily able to communicate the problems they are having. Parents should be on the lookout for the following signs and symptoms if they suspect their child has sustained a brain injury:
· Changes in nursing or eating habits
· Easy irritability or unusual mood swings
· Inability to be consoled
· Changes in attention span
· Change in sleep patterns
· Depressed or sad mood
· Loss of interest in toys or activities
Types of Compensation Available in a Los Angeles Brain Injury Case
Individuals who sustained brain injuries may be able to recover a wide range of compensation for their injuries. We do need to point out that there may be times when another individual will have to assume power of attorney on behalf of a brain injury victim in order to file this lawsuit for them. Some brain injury victims may be unable to process what is happening to them.
At ABDI & Associates, our team works diligently to recover both economic and non-economic losses on behalf of brain injury victims in Los Angeles.
Economic damages are also referred to as “special damages,” and this revolves around the calculable types of losses that a brain injury victim sustains. These are the losses that we can gather bills and receipts, including emergency room bills, ongoing hospital and doctor bills, physical therapy and rehabilitation, prescription medications and medical devices, lost income, out-of-pocket expenses, etc.
Non-economic damages are also referred to as “general damages,” and these revolve around the less calculable types of expenses that a brain injury victim sustains. These are more immeasurable because they are more intangible, meaning that we cannot physically see them, and we likely do not have bills and receipts that can easily calculate them. Some of the most common types of non-economic damages caused by a brain injury can include:
· Physical pain and suffering losses
· Emotional and psychological trauma
· Loss of quality of life
· Loss of consortium for a spouse
How Much is a Brain Injury Accident Claim Worth?
There is no set amount of compensation for how much a Los Angeles brain injury claim will ultimately be worth. There are various factors that will need to be examined that help determine the overall value of a claim, regardless of whether or not the issue is settled through an insurance payout or a personal injury lawsuit verdict.
Some of the most common elements that can affect the value of a claim include the overall severity of the injury, whether or not there was any shared fault with another party, how long it takes an individual to recover, the total amount of lost wages, and how the brain injury affects the victim overall.
It is important to point out that brain injury claims are often worth more than traditional personal injury claims, particularly if a person sustains a lifelong injury. The total settlement should always take into account whether or not a person will need continuing care for long periods of time.
The Elements of Negligence and How They Affect Your Los Angeles Brain Injury Claim
In order for a brain injury claim in Los Angeles to be successful, there are various elements of “negligence” that will need to be in place. This is true for all types of personal injury claims, not just brain injury claims. These four elements include the following:
1. Duty of care. The first step in determining negligence for a brain injury claim is showing that there was a duty of care owed by the defendant (the person alleged to have caused the injury) to the plaintiff (the injury victim). This duty of care will not look the same for all cases, and in fact, it can vary widely. For example, all drivers on the roadway oh a duty of care to others around them, including those in other vehicles, pedestrians, bicyclists, etc. However, the duty of care will look entirely different for a property owner who owes a duty of care to anyone who has a right to be on their premises.
2. Breach of duty. After establishing that there was a duty of care between the defendant and the plaintiff, it will need to be shown that the defendant somehow breached their duty of care. This breach, again, will look different depending on the situation. A driver could breach their duty of care if they were texting and driving at the same time. A property owner could breach their duty of care for failing to maintain a stairway in front of a store.
3. Causation. After establishing that a breach of duty occurred, it needs to be shown that the breach directly caused the incident that led to the brain injury. This may not be difficult, but just because a breach of duty occurred does not necessarily mean that the breach caused the injury. This can be a tricky part of the claim, and an attorney will need to deftly handle causation.
4. Damages. Finally, it needs to be shown that the plaintiff sustained some sort of monetary loss as a result of the injury. This can include medical bills, lost wages, loss of quality of life, etc.
What if You Are Partially Responsible For a Brain Injury Incident?
Contactor that insurance carriers and legal teams for the defendant may use is to try and place some or all of the blame for the brain injury on the actual injury victim. They will do this in order to limit the amount of money they pay in compensation. However, California operates under a “pure comparative negligence” system. This means that individuals can recover compensation even if they are up to 99% at fault for their injuries.
For example, let us suppose that a pedestrian is struck by a vehicle in a pedestrian crosswalk and sustains a brain injury that leads to $1 million worth of economic and non-economic damages. However, let us also suppose that a jury determines that the brain injury victim was 20% responsible for the incident because they were making a social media video at the time the incident occurred, and this likely contributed to the incident. In this theoretical scenario, the brain injury victim would receive $800,000 instead of the full $1 million to account for their percentage of fault.
Any brain injury victim facing allegations of shared fault needs to work with an attorney who can push back and help them recover the full amount of compensation they are entitled to.
Time Limit to File a Los Angeles Brain Injury Lawsuit?
Brain injury victims and Los Angeles need to keep in mind that they have a limited amount of time to file these claims. First, if there is an insurance carrier involved in the claim, then the insurance carrier will certainly have its own deadlines. For example, if the brain injury occurred as a result of a vehicle accident, most vehicle insurers require that incidents be reported within a day or two after they occur.
Additionally, the personal injury statute of limitations in California is two years from the date an injury occurs. This means that Los Angeles brain injury victims have a two-year window with which to file a lawsuit in civil court, or they will lose the ability to recover the compensation they are entitled to.
Steps to Take After You or a Loved One Sustain a Brain Injury
Individuals who sustained brain injuries need help, and there are various steps that they can take both right after an incident occurs as well as in the days and weeks that follow. Additionally, if a brain injury victim is unable to adequately care for themselves and take these steps, friends and family members can also assist them throughout this process. Some of these steps include:
· Seeking medical care. The number one priority after anyone sustains a brain injury or even if they suspect a brain injury is seeking medical care. The signs and symptoms of some brain injuries do not appear until hours or even days after they occur, and seeking medical treatment too late could result in devastating consequences. Any person who sustains a bump or blow to the head needs to seek medical care as soon as possible.
· Reporting the incident. Depending on the nature of the incident, the brain injury needs to be reported as soon as possible. If the injury occurred as a result of a vehicle accident, then police need to come to the scene to conduct an investigation. If the brain injury occurs at work, then a supervisor or employer needs to know right away.
· Gathering evidence. If it is possible and safe to do so, individuals involved should gather as much evidence as possible. This includes taking photographs of the area where the injury occurred, causes of the injury, surrounding conditions, and more. If there are any eyewitnesses to the brain injury, their names and contact information should be written down as soon as possible.
· Contacting an attorney. We encourage all brain injury victims to speak with an attorney if the injury was caused by the actions of another individual or entity. The sooner an attorney can get involved, the quicker they can begin gathering evidence in handling communication with other parties involved.
· Continuing medical treatment. All brain injury victims need to continue medical treatment prescribed by their doctor until they have fully recovered or recovered as much as possible with medical treatment. If a brain injury victim discontinues care, this can be taken as a sign by the insurance carrier that the injury is not as severe as they were told.
Call a Los Angeles Brain Injury Lawyer Today
If you or somebody you care about has sustained a brain injury caused by the negligent, careless, or intentional actions of another individual or entity in Los Angeles, reach out to an attorney today. At ABDI & Associates, we will not hesitate to stand by your side against aggressive insurance carriers and in court if needed. Let us use our resources to investigate every aspect of your claim in order to determine fault, secure full compensation for your losses, and ensure that you are properly cared for. When you need a Los Angeles brain injury lawyer, you can contact us for a free consultation by filling out the contact form at the bottom of this page, or you can call us at (888) 772-2529.