Brain injury due to car accidents in San Diego is common. However, several questions remain unanswered. Without the correct answers, you are bound to feel confused and lost. You will not have clarity about what to do and how to proceed. With the help of a professional brain injury attorney, you can certainly understand how to file your case and can also seek the desired compensation.
Asking questions about a brain injury lawyer’s background, communication style, and strategy for managing your particular case is essential when selecting one. Important questions include how they have handled instances similar to yours, how they communicate, and how they have evaluated the possible difficulties and potential rewards of your case.
A car accident can have a severe impact on your life and can affect your lifestyle. It is crucial to know which questions to ask and what to do to ensure you receive the justice you deserve.
- What is the difference between acquired and traumatic brain injury?
Traumatic brain injury can be stated as a form of acquired brain injury. Are you wondering about the difference? Well, non-territorial damages of the brain after birth, including vascular accidents, hypoxia, and disease, are referred to as ABI.
The primary distinction between traumatic brain injury (TBI) and acquired brain injury (ABI) is that the former is a more general term that includes all brain injuries that arise after birth, including those brought on by disease or illness, while the latter is a specific type of ABI that is brought on by external trauma, such as a blow to the head. ABI includes TBI as a subset.
Traumatic brain injury occurs when delicate brain tissues are damaged through force or impact. Nearly a million cases are reported every year, where people living with disabilities and conditions caused by motor vehicle accidents, falls, impacts, sporting accidents, assaults, etc.
- What are the common brain injuries?
Mild conclusion can be defined as the most common type of TBI. Multiple concussion cases are reported every year. With time, the number is increasing vastly. According to recent research, students are facing a higher risk of TBI. Common and severe conditions of TBI include hematoma, brain hemorrhage, and damage to the brain system and brain lobes.
Concussion, contusion, diffuse axonal damage (DAI), and hematoma are examples of common brain injuries. These can be brought on by non-traumatic reasons like illness or stroke, or by traumatic ones such head injuries or abrupt brain movements.
- What do you need to prove for negligence leading to brain injuries?
The comparative negligence rule is followed, where you will receive compensation for the injuries after deducting the percentage that you are found to be at fault in the accident. A lawyer for every party in this situation works to prove their client’s innocence and the culpability of the other party. Negligence can be proven by illustrating the following elements:
- Breach of duty.
A breach of duty occurs when a duty of care is not upheld. You must demonstrate that the breach resulted in your injury in a brain injury case. Causation indicates that your brain injury was directly caused by the careless behavior. All losses resulting from your injury are included in damages.
- What kind of compensation can you receive with a brain injury lawsuit?
You can receive compensatory damages for future and present medical charges, suffering and pain, and lost wages. When an injury proves to be egregious and is intentional, punitive damages are available.
In a brain injury lawsuit, compensation can cover a wide range of losses, including economic damages like medical expenses and lost wages, as well as non-economic damages like pain and suffering and diminished quality of life. The specific compensation awarded depends on the severity and impact of the injury, as well as the circumstances of the accident.
Particulars of the Case:
How long is my case likely to take?
You can better control your expectations and make plans if you are aware of how long the case might take.
What kinds of proof will you require to support my claim?
Medical records, accident reports, witness accounts, and expert evidence are a few examples of this.
What is my state’s statute of limitations for bringing a case for brain injury?
For prompt action, it is essential to understand the time restriction.
Where might I be able to get compensation for my injuries?
Both non-economic (pain and suffering) and economic (medical costs, lost pay) losses may be included in this.
Regarding finances, do you operate on a contingency fee basis? The majority of brain injury attorneys take cases on a contingency fee basis, which means they only get paid if you prevail.
Are there any other expenses related to the lawsuit, and what are your fees? Make careful to specify the attorney’s share of the settlement or award as well as any possible charges for expenses such as expert or court filing fees.
Are there any hidden or up-front fees? Billing procedures must be transparent.
Communication and Methodology: How will you update me on the status of my case?
To guarantee that you are kept informed about the progress of your case on a regular basis, create a clear communication plan.
How frequently are we going to talk or meet?
To keep the conversation open and continuous, confirm the frequency and mode of communication.
What method do you usually use to resolve cases?
Even if a lot of cases end out of court, it is crucial to comprehend the lawyer’s approach to possible litigation and negotiation.
Summing it up
Mild brain injuries can also affect the physical, emotional, and mental well-being of the sufferer. Some of the changes are temporary, while others have a lasting effect. The common manifestations include fatigue, irritability, moodiness, and depression. Nearly ten percent of those suffering from brain injury need consistent ongoing medical care. Traumatic brain injury can create havoc in the behavior management and impulse control, leading to strange and challenging family relationships.
In addition to the questions discussed above, if you have any further questions, feel free to ask the legal expert. He is your legal guide and advisor. He will not only answer all your queries but will also fight the case on your behalf. So, when you contact the attorney, ensure that there is transparency in your discussion. Only they can guide you through the best route that will help you receive the deserved compensation.
