Westlake Village Traumatic Brain Injury Lawyer

Any head injury is serious and should be examined by a medical professional. However, a violent blow or rattling of the brain in a car accident can cause the brain to become displaced or swell over time, leading to severe and sometimes deadly results. A traumatic brain injury (TBI) should be taken seriously, as it can leave a person cognitively impaired if the building pressure is not relieved.

When another person’s negligence or recklessness caused your TBI, you may be entitled to compensation for your physical, cognitive, and financial losses in the accident. A Westlake Village traumatic brain injury lawyer could help you pursue damages from the other party to cover your losses and help you return to your life. Call us to set up an appointment with one of our hard-working catastrophic injury attorneys.

Negligent or Reckless Acts Leading to Traumatic Brain Injuries

Plaintiffs injured in an accident resulting in a TBI must prove four elements of negligence to be awarded monetary damages. They must prove one or more parties had a duty to act as a reasonable person would in that situation and breached that duty, which was the cause of the accident that injured the plaintiff. Some actions that do not measure up to what a reasonable person would do include:

• Acts of domestic violence
• Causing an explosion in the workplace
• Speeding, losing control, and plowing into a bicyclist
• Pushing another person down a flight of stairs or off a scaffolding out of anger
• Bashing another person in the head with a blunt instrument over a parking spot
• Driving while intoxicated in the wrong lane and smashing into an oncoming vehicle

Head injuries can happen anywhere. An attorney in Westlake Village could review the evidence and build a case for negligence against the at-fault parties to receive damages for your traumatic brain injury.

TBIs and Lifelong Care

Traumatic brain injuries can heal, but not all of them do. Cognitive issues can last a lifetime and a patient may have to relearn basic functions like walking, reading, writing, and talking. Employment retraining may be possible but is not guaranteed. And rehabilitation costs a lot of money. The lawyer hired by a TBI patient in Westlake Village should understand the comprehensive need for an adequate insurance settlement or personal injury damages award. A person needs to replace their loss of income for a lifetime as well as have proper compensation to pay for a lifetime of medical bills related to the TBI. Other compensation should include the emotional trauma suffered and the loss of enjoyment of life.

Punitive Damages

Punitive damages are also available in California personal injury cases. California Civil Code § 3294 permits the plaintiff’s attorney to ask for punitive damages if the defendant acted with malice, fraud, or oppression.

This state does not cap punitive damages as many states do, but the U.S. Supreme Court prohibits grossly excessive punitive damages under the Due Process Clause of the Fourteenth Amendment, prompting the court to reduce these awards.

Consult a Traumatic Brain Injury Attorney in Westlake Village

When you are injured in a vehicular crash or fall due to someone else’s negligence or are intentionally assaulted and suffer a head injury, the person who is responsible owes you for your losses. With diagnosed brain trauma, you might be facing a lifetime of unanticipated medical and personal expenses and physical and mental challenges.

A Westlake Village traumatic brain injury lawyer could assist you with the legal issues you face. We could build a strong case for compensating you, negotiate with the at-fault party’s insurance company, and litigate to get you a fair award if a settlement offer is not enough. Call today to schedule your initial consultation.