You can file a lawsuit after a brain injury from a car accident if another party’s negligence contributed to the collision. Brain injuries frequently occur in car accidents and may result in long-term medical needs, lost wages, and other damages.
Filing a personal injury lawsuit allows individuals to pursue compensation for these losses. Brain injury lawsuits often require evaluating long-term effects to determine the full extent of damages.
A brain injury lawyer in Los Angeles can help determine if there is evidence to support the claim, such as police reports, witness statements, or medical records linking the injury to the accident.
When Does a Brain Injury Warrant a Lawsuit?
A brain injury may warrant a lawsuit when it is caused by another party’s negligence in a car accident. Proving negligence and identifying the liable party are two separate tasks, and multiple parties may share the fault for a collision that results in a brain injury.
A Los Angeles personal injury lawyer may suggest filing a lawsuit in the following scenarios.
Driver Negligence
Brain injuries often result from car accidents caused by another driver’s error or negligence, such as driving under the influence (DUI). When a driver fails to act responsibly on the road, they may be held liable for the injuries they cause.
It doesn’t necessarily take a high-impact collision to cause a brain injury, either. Even minor auto accidents can cause mild brain injuries, or concussions, along with other injuries that can lead to medical complications.
Dangerous Road Conditions
Hazardous road conditions, such as large potholes, uneven surfaces, poor lighting, or inadequate signage, can contribute to serious accidents that result in brain injuries.
In these cases, the party responsible for maintaining the roadway or addressing safety hazards, usually a government agency, may be held accountable.
Victims must generally file a written notice of claim within six months under California Government Code § 911.2 before taking legal action against a government entity.
Involvement of Third Parties
In some cases, third parties, such as employers of negligent commercial vehicle drivers, may share responsibility for the accident due to vicarious liability laws.
For example, when a driver operating a company vehicle causes a collision, their employer may also be held liable under certain circumstances.
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Types of Brain Injuries Car Accident Victims May Suffer
Car accidents can lead to a variety of brain injuries, ranging from mild to severe. The type and severity of the injury often play a role in determining the damages a victim may pursue in a legal claim.
Concussions
A concussion occurs when a blow or jolt to the head causes the brain to move within the skull. While often considered mild, repeated or severe concussions can lead to long-term complications.
Traumatic Brain Injuries (TBIs)
Traumatic brain injuries can range in severity and have the capacity to result in lasting physical, cognitive, or emotional impairments. Severe TBIs often require extensive medical treatment and long-term care.
Contusions or Hemorrhages
Contusions are bruises on the brain caused by a direct impact, while hemorrhages involve bleeding in or around the brain. Both can cause serious complications, including increased pressure within the skull.
Diffuse Axonal Injuries
This type of injury occurs when the brain’s nerve fibers are stretched or torn due to violent movement. Diffuse axonal injuries are often severe and can result in permanent neurological damage or coma.
Penetrating Brain Injuries
Penetrating injuries happen when an object pierces the skull and damages brain tissue. These injuries are typically severe and may require emergency surgery and extensive rehabilitation.
More severe injuries often result in higher medical costs, ongoing care, lost earning capacity, and greater emotional distress, all of which are considered when pursuing compensation.
Types of Compensation You Can Pursue for a Brain Injury From a Car Accident
A brain injury from a car accident can lead to long-term medical challenges. Car accident victims benefit from seeking compensation aimed at addressing both the tangible and intangible losses suffered by the victim.
Economic damages are meant to cover measurable costs, such as medical bills for hospital stays, surgeries, and ongoing treatments. Lost wages may also be recovered if the injury caused the victim to miss work, along with compensation for any diminished earning capacity if they are unable to return to their previous job or career.
Non-economic damages may also apply. For individuals with severe brain injuries, future medical care is a significant consideration.
Potential damages may help manage the long-term effects of the injury. Victims may also require in-home care or assisted living services to support permanent disabilities.
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We Can Help You File a Lawsuit After a Brain Injury from a Car Accident
At Vaziri Law, LLP, our attorneys can help you file a lawsuit for a brain injury from a car accident. With over 200 years of combined experience, we handle catastrophic injury litigation, including TBI claims.
Keep in mind that California law imposes strict deadlines for filing a personal injury lawsuit. Under California Code of Civil Procedure § 335.1, you generally have two years from the date of the accident to file your claim. Contact us today for a free consultation.
