San Diego Traumatic Brain Injury Lawyer

A traumatic brain injury has long-lasting implications. If your brain injury is the result of someone else’s negligence, hold the liable party accountable. Do so by working with a San Diego traumatic brain injury lawyer who gives your case the attention it deserves. 

Triumph Law has helped our clients recover millions of dollars in compensatory damages in personal injury lawsuits. Let us assist you with your traumatic brain injury case. Speak to a San Diego personal injury lawyer. 

What You Need to Know About Traumatic Brain Injuries (TBIs)

Traumatic brain injury symptoms range from mild to severe. Go to a doctor if you experience a bump to the head and experience nausea, dizziness, or other symptoms. A doctor can perform an evaluation, determine if you are dealing with a TBI, and explain what to do next to keep your symptoms from getting worse. 

Unfortunately, TBI symptoms have the potential to impact you for the rest of your life. If your brain injury occurs in an auto accident or any other incident caused by someone else, seek legal help. A San Diego traumatic brain injury attorney can help you request compensation from the liable party. 

The team at Triumph Law views your triumphs as our triumphs. We can review your traumatic brain injury case and determine if you have grounds for a personal injury lawsuit. Schedule a free case consultation with us. 

When to File a San Diego Traumatic Brain Injury Lawsuit 

California’s deadlines to sue someone are limited. If someone is liable for a traumatic brain injury, you have up to two years to file a lawsuit. A traumatic brain injury lawyer in San Diego understands the statute of limitations relative to your case. They submit your compensation request right away. 

Your attorney shares legal FAQs and resources. They teach you about the legal process and all it entails. Your lawyer helps you establish realistic expectations for your case proceedings. They address your legal concerns and questions as your case moves forward. 

There are times when TBI cases are settled outside of the courtroom. For example, a motorist slams their car into yours, and you suffer a traumatic brain injury.

A San Diego car accident lawyer could negotiate with the driver’s insurance company for you. If the insurer offers a settlement and you approve the proposal, you close your case without a trial. 

How Much a Traumatic Brain Injury Lawsuit Is Worth

A traumatic brain injury attorney in San Diego describes how the compensation amount is determined in a personal injury case. They account for your economic and non-economic damages. Reasons you could get compensation include:

• Pain and suffering
• Medical bills
• Loss of income
• Emotional distress
• Burial and funeral expenses
• Property damage

Your attorney pursues maximum compensation. They build a case designed to show a judge or jury that the defendant is responsible for your injury. If the court finds the defendant to be negligent, you are well-equipped to secure damages you can use to recover financially. 

The Role of Negligence in a TBI Case

You say someone did something that caused your traumatic brain injury. Regardless, the other party disagrees and disputes your claim. Your lawyer prioritizes negligence as they craft your argument. They want to show the court that these elements of negligence were present when you got hurt:

Duty of Care

This is a legal obligation to avoid acts that could endanger others. For instance, you ride your motorcycle and comply with California law. A motorist is speeding and crashes their vehicle into you and your motorcycle, and this results in a brain injury. 

Have a San Diego motorcycle accident lawyer help you. Your attorney could prove the driver violated their duty of care. 

Breach of Duty of Care

Someone breaches their duty of care when they decide to do something that puts others in danger. A violation of a duty of care would be any act that a reasonable person would consider reckless or careless. This could include anything from a motorist driving through a red light to a property owner ignoring hazards that could lead to slips and falls. 

Causation

It is your responsibility to prove that a party had a legal obligation to you, violated this mandate, and caused you to get hurt. Your attorney helps you establish a link between these. They want to make it clear to the court that the party’s actions led to your traumatic brain injury. 

Damages

In your lawsuit, you seek compensation from someone who committed actions that led to your TBI and are dealing with losses as a result. Your lawyer gathers evidence to show you face quantifiable and subjective losses due to a liable party’s actions. 

Accident scene photos and videos, witness statements, and medical records are three forms of proof you could use in your case against an at-fault party. Your lawyer utilizes proof to strengthen your case. This evidence could compel a judge or jury to award full damages. 

How Pure Comparative Negligence Can Impact Your Case

California has a pure comparative negligence statute. With this, a judge or jury can find you to be partly liable for your traumatic brain injury. If this occurs, what you receive in damages depends on your percentage of fault. 

A judge or jury can say you are 1-99% liable for your TBI. They can reduce the damages you get based on your percentage of fault. As an example, if you are 10% liable for your brain injury, the court can award 90% of the damages you initially sought. 

The defendant will contest your argument. Your attorney works diligently to disprove the defendant’s case. They search for ways to show the court that the defendant is liable for your brain injury and should be required to pay 100% of the damages you request.

Choose a San Diego Traumatic Brain Injury Lawyer Who Fights for a Fair Decision in Settlement or Litigation

Triumph Law offers comprehensive legal representation to those dealing with traumatic brain injuries. We do everything we can to help you triumph during your case proceedings. Tell us about your brain injury case. Contact us today to get started.