An injury of any kind from an unexpected accident in Fresno could change your life. However, a brain injury is an especially serious injury that can have devastating consequences. At Jacoby & Meyers, our Fresno personal injury lawyers offer their legal services to victims of brain injuries and their families.
We understand what you’re going through, and the major effects a traumatic brain injury can have on your life. Contact us today for a free case review in Fresno.
Understanding Traumatic Brain Injuries in Fresno
A traumatic brain injury, or TBI, describes any type of harm, injury or damage to the brain from an external source of trauma, such as a bump or jolt to the head. The most common type of TBI is a concussion, which can range from mild to severe. Other types are contusions, coup-contrecoup injuries, diffuse axonal injuries, edema (swelling) and hemorrhage (bleeding).
An individual in the Central Valley could suffer a brain injury in many circumstances. Statistically, the leading causes of TBIs are falls, motor vehicle accidents and assaults. Other common causes include sports and recreational activities, struck-by objects, workplace accidents, and blasts and explosions. A mild brain injury may heal on its own in a matter of days or weeks, but the effects of severe brain trauma can last months, years or a lifetime.
The Impact of Brain Injuries on Victims and Families
The brain is responsible for controlling virtually all parts and functions of the body. When the brain sustains any level of injury, even minor damage, it can have a significant impact on the individual.
While every brain injury case is unique, symptoms may include:
- Persistent headaches
- Blurred vision
- Sensitivity to light and sound
- Dizziness or vertigo
- Loss of balance or coordination
- Cognitive challenges
- Trouble eating and communicating
- Motor function changes
- Emotional and behavioral changes
- Seizures or convulsions
- Loss of consciousness or coma
Some TBIs result in long-term or permanent brain damage that requires ongoing care for the victim. Over time, a severe brain injury can burden family members who are acting as caregivers, as well as have a significant financial impact on the family.
California Laws Governing Brain Injury Cases
You could be eligible for financial compensation as a brain injury victim in Fresno under California’s personal injury laws. These laws permit accident victims to seek financial recoveries from those responsible for their injuries to be made whole again. To be awarded compensation, the injured victim (plaintiff) must prove that the accused party (defendant) is at fault.
Most brain injury claims are based on the legal doctrine of negligence. The definition of negligence is the failure to act with proper care. Proving negligence requires evidence that the defendant owed you a duty of care, breached this duty and caused your brain injury; in other words, the defendant acted in a way that a reasonable and prudent party would not have, and this resulted in your TBI.
An important law to be aware of is the California statute of limitations. Code of Civil Procedures § 335.1 gives you a strict filing deadline of no more than two years from the date of your accident or of injury discovery to file your claim, with only a few rare exceptions. If you miss your statute of limitations, the courts will most likely bar you from making a financial recovery.
Compensation Available for Brain Injury Victims
Successfully holding an individual or entity liable, or legally responsible, for a brain injury in Fresno could deliver financial compensation to the victim and victim’s family. You could qualify for several types of economic and noneconomic damages.
Common examples include:
- Medical expenses (past and future)
- Physical therapy and rehabilitation
- Lost income and earning capacity
- Pain and suffering damages
- Long-term or permanent disability
- Life care planning costs
- Loss of consortium
- Wrongful death damages for fatal brain injuries
- Punitive damages in egregious cases
At Jacoby & Meyers, we realize that no dollar amount can truly make you whole again as a brain injury survivor. However, we hope that obtaining a fair and full settlement or judgment award can help you pay for related needs and move forward with less financial stress.
The Challenges of Brain Injury Litigation
Pursuing compensation for a traumatic brain injury can be difficult, as these cases often involve complex legal matters. Proving negligence and demonstrating your losses requires clear and convincing evidence. Overcoming the challenges involved in your case may require assistance from an experienced attorney in Fresno.
For example, an attorney can hire medical experts to help prove your brain injury and explain how it has impacted your life. This is important for “invisible” injuries like TBIs. Your lawyer can negotiate for fair compensation for costs associated with your long-term prognosis and care, combating insurance company tactics to help you get the results you require.
Why You Need a Specialized Fresno Brain Injury Lawyer
When looking for the right attorney to hire, search for one who is uniquely equipped to handle your claim based on years of relevant case experience and a capacity for complex litigation. A lot is at stake during a brain injury case. You need an attorney who can be aggressive in the pursuit of justice.
Search for a law firm with experience handling other brain injury cases in California. Connections to neurological experts, life care planners and other relevant experts are important for a strong case. Finally, ask about the attorney’s track record of success in brain injury cases to demonstrate the law firm’s ability to win.
Contact Jacoby & Meyers for a Free Brain Injury Case Review in Fresno
Don’t let an insurance company or another legal adversary convince you to settle for less than you deserve for a serious brain injury. Get the results you need by hiring an attorney at Jacoby & Meyers. We have 50 years of experience and more than $2 billion in settlements won for our clients – the highest of any firm in California.
We take pride in handling every case with the same level of care – big or small. Let us take over your brain injury case, beginning with a free case consultation. We offer extremely flexible appointments, with availability 24 hours a day, 7 days a week.
Contact us today at (559) 545-0730. Our Fresno law office is located at 516 W Shaw Ave #200, Fresno, CA 93704. We will not hesitate to travel to meet with you, if necessary.