San Jose Brain Injury Attorney
If you have suffered a brain injury in San Jose, you might be wondering how your life will change going forward. All kinds of questions might be rushing through your mind. Will I ever be normal again? Is my personality ever going to be the same? Is the rest of my body going to be affected? Do I have the necessary cognitive and physical abilities to work and support myself financially? It goes without saying that a brain injury can be a traumatic experience for a number of reasons, especially if you have suffered a serious brain injury.
These future decisions can be even more challenging and frustrating if you know that someone else was to blame for your brain injury. Why should you have to deal with these life-altering consequences while the person who caused your accident gets to continue on with their life as if nothing ever happened? Thankfully, you have plenty of legal options to hold negligent people accountable for their irresponsible behavior. Not only can you hold them accountable for their negligence, but you can also recover significant compensation. This compensation can help with both economic and non-economic damages (like pain and suffering).
If you are serious about taking legal action, then you need to reach out to a qualified, experienced personal injury attorney in San Jose as soon as possible. Our skilled personal injury lawyers can help you pursue your legal matter with your best foot forward. Ideally, you should seek out help from a law firm that has considerable experience with personal injury cases involving head injuries, such as Mary Alexander & Associates.
Why it is So Important to Have Your Brain Injury Treated by a Medical Professional
The first priority for any injury is to receive the medical treatment you need as soon as possible. With a head injury, this is even more important. Even a slight concussion can lead to serious medical issues if you do not receive treatment. You should be carefully monitored for a considerable period of time after suffering a head injury, as your condition could get suddenly worse. Even if you feel as though your head injury is “not a big deal,” it is very important to get assessed by a medical professional.
If you have suffered a serious head injury, you might have been rushed to the hospital while unconscious. After receiving emergency treatment, you may need to follow up with specialists, such as neurologists or even psychologists. It is important that you get your head injury accurately assessed, and that medical professionals provide you with clear documentation that details the extent of your injuries.
Other than the obvious importance of putting your safety first, medical treatment is also crucial from a legal perspective. A major part of a personal injury case is proving that you actually suffered legitimate injuries. With the correct medical documentation, this step becomes relatively easy. For example, a neurologist might confirm that you will suffer from long-term brain damage. A CT scan or an MRI scan can also detect abnormalities in your brain, and you can use this as evidence in your personal injury lawsuit.
Types of Brain Injuries
Here are some of the most notable types of brain injuries: Traumatic brain injury (TBI), Concussion, Stroke, Brain aneurysm, Brain hemorrhage, Hypoxic and anoxic brain injuries, Hydrocephalus, Edema, Skull fracture and/or Hematoma.
What Kinds of Accidents Can Cause Brain Injuries?
There are many accidents that may result in brain injuries. Here are some examples:
- Slip and Fall: A slip and fall can easily cause a serious brain injury. When people fall backward suddenly, they can hit their heads on the ground. Often, a negligent property owner is liable for these injuries. For example, they might have failed to clear away debris or spills on public walking areas.
- Car Accident: Injury victims may also suffer head injuries due to car accidents. Sudden impacts can rock the cranium and spine, and this can lead to all kinds of issues. In severe accidents, the cranium may also be impacted by shards of glass, pieces of metal, and other objects. If a negligent driver (such as an intoxicated or distracted driver) caused your injuries, they may be liable for your damages.
- Workplace Accident: There are a number of potential hazards that may lead to head injuries at the workplace. Construction sites pose a particularly serious risk for workers. Laborers can fall from considerable heights, or they may be struck by falling objects. If someone’s negligence led to your workplace accident, they may be held liable for your damages.
- Product Liability: You may also suffer a brain injury to a faulty or malfunctioning product. If you are using a piece of heavy machinery that malfunctions, it may suddenly “kick back” and cause a head injury. You can then file a claim against the product manufacturer or designer, showing the court that the product is dangerous.
What Kinds of Damages Can You Claim for a Brain Injury?
You can claim a range of damages for a serious brain injury in California. These damages are divided into two categories — economic and non-economic damages.
- Economic Damages: Medical expenses, loss of wages, and any other out-of-pocket expenses you might have incurred as a result of your injury. You can easily assign a numeric value to economic damages, as they represent tangible losses that can be quantified in dollar amounts. For example, you can show the court receipts for your various medical treatments.
- Non-Economic Damages: The most well-known example of a non-economic damage is pain and suffering. These types of damages are emotional, mental, or psychological in nature. Other examples include loss of companionship, loss of enjoyment of life, loss of purpose in life, and so on. For example, your spouse might have ended the relationship because you “were not the same” after your head injury. You could then claim “loss of companionship” as a legitimate damage.
Your settlement amount is calculated by combining your non-economic damages with your economic damages. Economic damages are easy to quantify, and you can tell the court exactly how much you need to cover these expenses. Non-economic damages are more challenging to quantify. Generally, your settlement amount is calculated by multiplying your total economic damages by a factor that represents your non-economic damages. If the injury is serious and life-altering, the factor that represents your non-economic damages increases significantly. In some cases, you may receive 10 times your total economic damages.
Enlist the Help of a Qualified Personal Injury Attorney Today
If you have been searching San Jose for a qualified, experienced personal injury attorney, look no further than Mary Alexander & Associates. Thanks to a wealth of experience with head injury claims and lawsuits, we are well-positioned to offer you targeted, efficient legal aid. We understand that head injuries can lead to life-altering consequences for you, and we can make sure that you receive the necessary compensation to lift the financial burden of the coming years. Book a consultation today, and we will listen carefully to your situation before developing an effective action plan based on your unique needs and goals.