Brain Injury Lawyer Serving Riverside & San Bernardino
Brain injuries can happen after impacts to the skull, loss of oxygen or blood to the brain, or conditions such as tumors or infection. Every brain injury is unique and will impact the victim differently. Some brain injuries cause temporary symptoms such as nausea, forgetfulness, and cognitive problems. Others have life-long impacts on the victim. If someone else is to blame for you or a loved one’s traumatic brain injury (TBI), come to the Riverside/San Bernardino lawyers at DeWitt Algorri + Algorri, PC to discuss your legal options.
Types of TBIs
Traumatic brain injuries affect about 1.5 million new people in the U.S. each year, causing about 50,000 deaths and 85,000 long-term disabilities. A popular saying is that there is no such thing as a minor brain injury. The brain is a delicate organ that’s in charge of virtually all bodily functions, vital organs, and cognitive ability. A TBI can cause permanent damage to brain function and impact every aspect of the victim’s life. Common types of TBIs are as follows:
- Closed head injury, such as blunt force trauma
- Open head injury, such as a bullet or knife wound
- Medical malpractice
- Birth injuries
- Drowning incident (hypoxia)
- Shake-related injuries
- Deceleration injuries
- Chemical/toxic exposure
- Nerve damage
A serious head or brain injury can arise after a car accident, sports incident, anesthesia error, slip and fall, or workplace accident. Regardless of what caused your traumatic brain injury, consider speaking with an attorney. You most likely have hefty medical costs on top of lost wages from missed time at work, as well as non-economic losses like physical pain and emotional suffering. These are all compensable damages in the eyes of the law if someone else’s negligence contributed to your TBI.
Proving Your Brain Injury Case
Brain injuries are what the courts call “catastrophic injuries,” or those that cause long-term damage to the victim. Most brain injuries have complications that haunt victims for most or the rest of their lives. Compensation for catastrophic injuries is typically significant if the plaintiff can prove the defendant’s fault. Proving fault takes four main elements:
- The defendant owed the plaintiff a duty of care. A “duty of care” can be anything reasonably expected of the defendant for the situation.
- The defendant breached this duty of care. Also called “negligence,” a breach of duty is an action that goes against accepted standards of care.
- The breach caused the plaintiff’s traumatic brain injury. The plaintiff must show causation, or that the defendant’s breach of duty was the proximate cause of the TBI.
- The plaintiff suffered real damages in the incident. Real damages include hospital bills, physical injury, and emotional distress – three things that are typically easy to prove with something as serious as a brain injury.
The plaintiff’s burden of proof is what makes retaining an attorney a smart investment. The lawyers at DeWitt Algorri + Algorri, PC have years of experience helping personal injury plaintiffs prove fault for serious injuries in Riverside and San Bernardino. We have the education, experience, knowledge, and resources to thoroughly investigate your case, gather evidence, and negotiate settlements or go to trial. We’ll start your brain injury case with a free consultation when you call (855) 946-6464