Even a minor brain injury can have a major impact on your life. Because the brain contributes to all bodily functions, head trauma has the potential to cause extensive—and often irreversible—damage.
If you or someone you love is recovering from a brain injury, suing those who were liable for the accident won’t undo what happened. Taking action could, however, yield enough compensation to relieve much of the stress your family is facing in the aftermath.
With sufficient evidence and a strong legal strategy, you can put together a brain injury claim in pursuit of the following damages:
- Ambulance fees;
- Hospital bills;
- Ongoing rehabilitation expenses;
- Lost wages;
- Loss earning capacity;
- Property repairs;
- Home and vehicle modifications needed to accommodate any permanent disabilities;
- Domestic help;
- Child care;
- Reasonably necessary replacement services;
- Emotional distress;
- Loss of enjoyment in life; and
- Pain and suffering.
California tort law also recognizes the damages that spouses incur when their husband or wife gets hurt. As such, your spouse may have grounds for their own claim.
If your brain injury has impacted your marital relationship, your husband or wife can seek compensation for loss of consortium. This includes the loss of love, society, affection, and companionship they suffer as a result of your condition.
When Can You Seek Punitive Damages in California?
Most tort claims, including those involving brain injuries, do not warrant punitive awards. Whereas compensatory damages essentially reimburse victims for actual losses, punitive damages aim to penalize defendants who acted with malice, fraud, or oppression. Because this opens the door for frivolous actions, punitive damages are rarely awarded.
If you think the party responsible for your brain injury wasn’t just being negligent, however, but was being downright malicious, consult a seasoned lawyer. You may very well be entitled to a punitive award.
How Long Do You Have to File a Brain Injury Suit in California?
No matter how strong your claim is, there will come a time when you’re no longer entitled to take action. Every state has a strict filing deadline for personal injury suits, and in California, it’s typically two years from the date on which the accident occurred. It’s important to keep in mind, though, that there are a few exceptions that can shorten this deadline considerably.
If you file a formal lawsuit but the applicable deadline has passed, the judge will simply dismiss your case, leaving you with no other recourse. As such, it’s wise to commence the proceedings as soon as possible, so you have time to try all possible avenues of compensation should hurdles arise.
Speak with a Long Beach Brain Injury Lawyer
Your Injuries Are Personal to Me
At the Law Office of Michael D. Waks, we know what it takes to secure sizable settlements and verdicts on behalf of accident victims. When you turn to us for counsel, you can be sure we’ll use all the resources at our disposal to pursue every dollar you deserve. Call (562) 206-1939 or complete our Contact Form to schedule a free consultation with a brain injury attorney in Long Beach.
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