Sacramento Head Injury Attorney

Even the most minor head injury should be taken seriously. Head injuries often involve undiscovered harm, and the consequences of a head injury can last for a lifetime. If you or a loved one suffers a head injury due to the negligence of another party, you shouldn’t be responsible for paying for those consequences.

However, if you want to get compensation for a head injury, you need a skilled injury attorney representing you and an understanding of your rights. Here is what you need to know about head injuries in Sacramento and how a head injury attorney can help you get the compensation you need for recovery.

The Most Common Causes Of Head And Brain Injuries

Any time your head or brain strikes an object, you may suffer a head injury. There are almost countless ways this can happen. The following are some of the most common examples of head injuries caused by the negligence of another in Sacramento.

Car, Motorcycle, Or Bike Accidents

When you are involved in a collision, your vehicle may stop almost immediately, but this doesn’t stop the momentum of your body. If you are on a motorcycle or bicycle, you can be thrown off the vehicle at a high speed. A solid object is likely to stop your momentum, which your head can strike.

Car accidents can have similar results if you aren’t wearing a seat belt. But even if you are, the whiplike motion that your body experiences when you stop suddenly may cause your brain to jostle inside your skull, causing a concussion or other similar brain injury.

Construction Accidents

According to the Centers for Disease Control and Prevention, traumatic brain accidents account for between 20% and 25% of construction accidents. There are two main ways that you can suffer a head injury in a construction accident. 

First, you might fall from a height and strike your head during the fall, or another object may strike your head from above. The second situation can occur when equipment falls from a height or when someone is careless with a moving part of some heavy machinery.

A man in a wheelchair with his head bandaged watches a doctor who is reviewing his head X-rays.

Symptoms Of Head And Brain Injuries

According to the Mayo Clinic, traumatic brain injuries have several common symptoms. These symptoms include:

  • Headaches
  • Nausea
  • Drowsiness
  • Loss of balance
  • Blackouts
  • Disorientation
  • Speech difficulties
  • Memory loss or other difficulties
  • Changes in mood, including depression and anxiety
  • Sleep irregularity
  • Sensory loss
  • Seizures
  • Confusion

If you experience any of these symptoms after suffering a head injury, you should contact a medical professional immediately. The sooner you get medical attention, the more likely you are to recover from the injury.

When You May Be Able To Pursue Damages After A Brain Injury

Whether you are entitled to compensation depends on the circumstances of your injury. As a good rule of thumb, you can pursue damages after a brain injury if another party is responsible for your injury.

Sometimes, it is obvious when another party is responsible for your injuries. For example, if you are stopped at a red light and someone hits your car from behind, the other driver is responsible for that accident. 

In less clear situations, though, you can rely on the experience of a personal injury lawyer to determine whether you are eligible to pursue damages.

Damages Available To Accident Victims Who Suffer A Head Injury

If another party is responsible for your injury, you can receive damages for the harm you suffered. There are two key types of damages: economic damages and non-economic damages. What damages you can obtain and how much money you will get depend on the circumstances of your accident and the extent of your injuries.

Economic Damages

Economic damages are damages that can be documented. This means you can produce a receipt or prove the exact value of these damages. They represent losses or expenses that you incurred due to your injury. All of the following are common examples of economic damages:

  • Medical expenses: You can receive compensation for all medical bills you incurred and any ongoing treatment or therapy you will require in the future
  • Rehabilitation and nursing expenses: Head injury victims often require rehabilitation to perform daily activities
  • Lost wages: If your injury prevents you from working, you can receive compensation for any wages you should have received
  • Loss of earning potential: Long-term effects like slurred speech or memory loss can limit what fields you can work in and affect promotion eligibility

When economic damages involve future losses, like the loss of potential earnings, experienced attorneys can use data from similar situations to accurately estimate those potential losses.

Non-Economic Damages

Some losses can’t be documented. For example, what value can be placed on never being able to smell a rose again if you lose your sense of smell? California law allows you to receive monetary compensation for the following types of non-economic damages:

  • Pain and suffering: This represents physical pain that you experience, even if it doesn’t directly result in financial losses
  • Emotional trauma: Many victims of head injuries experience emotional trauma that they can’t control due to damaged areas of their brain
  • Loss of enjoyment of life: You can experience diminished quality of life in a number of ways after a head injury
  • Loss of consortium: Unfortunately, after some people suffer a head injury, romantic partners and friends may not be interested in spending time with them

In some cases, such as when someone loses a non-essential sense, these losses can be more meaningful than any economic loss.

Who Is Responsible For Paying My Head Injury Damages?

Any party that caused your injury can be at least partially responsible for damages. In Sacramento, parties that may commonly be responsible are the driver of another vehicle, your employer, the owner of the premises where you were hurt, or another party that was reckless. 

Multiple parties can be responsible for your injury. California uses pure comparative negligence to determine who pays damages in that situation.

Comparative Negligence Laws

Pure comparative negligence is a straightforward way of determining how much someone owes in damages after causing an injury. This rule states that a person is responsible for a percentage of damages equal to the percentage that they are responsible for the injury.

Unlike some states that require someone to be at least 50% responsible before they can be required to pay any damages, you can pursue damages from someone who is as little as 1% responsible in California. 

However, even if you succeed in getting damages, this party would only pay you 1% of the cost of compensation for your injuries. Thus, if you require $10,000 in compensation, that person would only pay you $100.

A skilled head injury attorney can evaluate the unique circumstances of your case and determine how much each person — or their insurance company — should pay you according to pure comparative negligence law.

What Evidence Is Needed To Prove Damages For A Head Injury?

To prove damages for a head injury, your lawyer will need to demonstrate that another party’s negligence resulted in your injuries. Four elements make up negligence:

Duty of Care

First, you need to show that the other party was required by law to protect your safety. This can be an implicit requirement, as car drivers have, or an explicit one, as doctors and nurses have.

Breach of Duty

Next, you need to prove that this party violated that duty. Usually, this means they were careless, disobeyed regulations, or took intentional action.

Damages

You can only receive damages if you suffered a meaningful loss. Losses can be proven with evidence like receipts for hospital bills or medical records that indicate that you are disabled after the injury.

Causation

Finally, you need to show that the breach of duty directly resulted in the injuries you suffered. If you can’t prove a connection between your injuries and a breach of duty, the other party won’t be responsible for paying you damages.

How Sette Law Can Help You After A Head Injury In Sacramento

Head injury claims can be quite complicated. If you want to increase your likelihood of getting fair compensation, it’s vital to contact Sette Law as soon as possible after an accident. The timeline to file a claim is limited, and we can help make sure you meet any deadlines. 

We can help head injury clients in a range of other ways as well: 

Handle The Details Of The Case While You Focus On Your Recovery

After a serious head injury, you may spend a significant amount of time receiving medical treatment or otherwise focusing on your recovery. This doesn’t leave a lot of time to deal with the legal process or insurance claims. Our team can handle the mundane details while you focus on your health.

Accurately Calculate Your Damages

Typically, insurance companies evaluate insurance claims with minimal oversight. This allows an insurer to undervalue a claim. 

Our legal team has extensive knowledge of head injuries and how much compensation victims deserve for those injuries. We won’t just calculate that value, either. We can also collect evidence that proves our calculations are correct when dealing with the insurance company.

Negotiate A Fair Settlement

Once we have collected all the evidence to calculate your damages, we can present it to the insurance company. This allows us to start negotiations for a fair settlement that covers your economic losses and any non-economic losses you have suffered.

Take The Case To Court If A Settlement Can’t Be Agreed Upon

Our law firm is always ready to go to court if the insurance company refuses to negotiate in good faith. This is relatively rare, as insurance companies understand that people who are represented by a lawyer are willing to go to trial. 

Trials cost insurance companies a lot of money. It is usually much less expensive for the insurance company to agree to a settlement than to spend money on a trial and still possibly be forced to pay whatever the jury awards.

Should your case go to trial, our legal team can fight for every dollar the law allows. We have decades of experience in the courtroom and have an excellent record of success.

Why Should You Choose Sette Law?

At Sette Law, we guarantee you will pay no money upfront, regardless of your claim. Your consultation is completely free, and you are under no obligation to hire our law firm at the end of it. We understand that you may not know whether a case is worth pursuing until you speak with us.

If you do choose to pursue your case with Sette Law, you won’t see a bill until your case is over — and only if we have obtained money for you. During your free consultation, you are welcome to ask any questions you have about our fee structure.

Let Sette Law Fight For You After A Head Injury In Sacramento

You don’t have to face the aftermath of a head injury alone. Our seasoned personal injury team can advocate for you every step of the way. If you have suffered a head injury, let Sette Law fight for the compensation you deserve.

You don’t pay unless we win with Sette Law. Schedule your free consultation now.

Sources:

CIVIL CODE – CIV 1431.2.

Construction Helmets and Work-related Traumatic Brain Injury.Traumatic brain injury.