Los Angeles Traumatic Brain Injury Lawyer
Legally Reviewed By: Jud Waltman
It’s necessary to take legal action if you hope to gain the compensation to cover the financially devastating expense of long-term care for a traumatic brain injury caused by someone else’s negligence.
Taking legal action over a brain injury means filing a personal injury claim against the liable party, and many personal injury law firms operate in Los Angeles. However, knowledge of personal injury law alone isn’t enough.
Cases involving brain injuries are complex. The high costs of a brain injury require a personal injury lawyer with the knowledge and skill to successfully obtain compensation for your traumatic brain injury.
If you or a loved one has suffered a traumatic brain injury in Los Angeles, The Lanier Law Firm can help.
California Brain Injuries
The Centers for Disease Control and Prevention estimates that 176 Americans die each day from traumatic brain injury.
The authors of a 2018 study published in BMJ Open found “an increasing number of patients presenting to EDs and hospitals with a diagnosis of TBI over the past decade, especially among the elderly, with falls being the predominant mechanism of injury.”
The ten-year study, which examined 1.2 million adults over the age of 18 who were diagnosed with TBI in California hospitals from 2004 to 2015, also showed that 40.5% of those patients returned to a hospital or emergency department for related issues within the first year.
Traumatic brain damage is one of the leading causes of disability in adults under the age of 40, and for Californians, the risk seems to grow larger each year.
A brain injury case is one of the most complicated personal injury cases. Pursuing damages requires a legal team with skill, experience, and extensive legal and medical knowledge. Building a winning case takes time, so it’s important to take action quickly after you or a loved one experiences a traumatic brain injury in Los Angeles.
There’s a two-year statute of limitations in California for taking legal action over brain damage in a personal injury case.
The statute of limitations for a brain injury caused by medical malpractice, such as in cases of a birth injury or an error with anesthesia, is three years after the date of the injury or one year after the injury was discovered, whichever occurs first.
Immediate Costs of Traumatic Brain Injury
A 2019 study reported that patients with severe TBI generally have the highest in-hospital costs. Study authors noted that severe TBI patients “also have the longest hospital or intensive care unit (ICU) length of stay (LOS) and the highest number of (neuro)surgical and medical interventions.”
The highest in-hospital costs ranged from $258,790 to $401,808 and were associated with patient cohorts in the United States.
These costs don’t include long-term care, rehabilitation, treatment for other TBI-related medical conditions, lost wages, home services and other expenses.
Long-Term and Future TBI Expenses
Traumatic brain injuries often lead to additional serious health conditions.
The consequences of head trauma can range from memory issues to a coma from which the patient never awakens. Brain injury victims experience different short- and long-term medical issues, depending on whether the injury is mild, moderate, or severe.
Common alterations that can accompany a traumatic brain injury include:
- Cognitive impairment
- Personality changes
- Mood swings
- Memory and speech issues
- Limited mobility or paralysis
- Long-term coma
Over time, traumatic brain injury puts a patient at higher risk of:
- Drug poisoning
Often, TBI leaves a victim unable to work, which places an additional financial burden on family members responsible for medical care.
This type of catastrophic injury forever alters the quality of life of a traumatic brain injury victim and their loved ones. The only way to gain fair compensation after a brain injury is to work with an experienced traumatic brain injury lawyer.
Recovering Damages for a Los Angeles Brain Injury
The high cost of caring for a brain injury patient means that family members often assume significant medical debt. Unfortunately, family members frequently find that their insurance company denies or seriously underpays their claim.
To adequately compensate an injured person and their family members, awards in a personal injury case are divided into two forms: economic and non-economic.
Economic damages cover the costs related to the injury, including expenses and losses like:
- Medical bills
- Prescription drugs
- Physical therapy
- Long-term care
- Medical devices
- Lost earning capacity and benefits
A traumatic brain injury is one of the most complicated injuries when it comes to developing a fair target compensation goal.
The needs of a patient receiving medical care for a traumatic brain injury can fluctuate over time. The long-term outcome of a traumatic brain injury is uncertain, and the nature of the injury puts the patient at an increased risk of developing additional conditions that require an even higher level of care, like dementia.
It takes a personal injury lawyer with extensive experience to assess potential lifetime expenses.
Non-economic damages, on the other hand, are intended to compensate for:
- Pain and suffering
- Loss of companionship and consortium
- Emotional distress
- Reduced enjoyment of life
For most personal injury cases, the state of California has no damages cap. This means there’s no limit to the amount of money you can receive in a brain injury case, and payouts for catastrophic injury routinely reach seven figures.
The exception applies to medical malpractice cases, for which a $250,000 cap on non-economic damages is enforced in compliance with the state’s Medical Injury Compensation Reform Act (MICRA). This cap applies regardless of the severity of the injury—even if it leads to a wrongful death claim.
How The Lanier Law Firm Can Help You
The Lanier Law Firm is a personal injury firm that has received national recognition for achieving billion-dollar settlements and verdicts.
The Lanier Law Firm’s successful cases in this practice area prompted the organizers of Connectionology’s Traumatic Brain Injury Seminar to invite founder Mark Lanier to share his approach to winning brain injury cases with other legal professionals.
If you or a loved one has had a brain injury in Los Angeles, The Lanier Law Firm’s experienced legal team can help your family gain the compensation you deserve. Contact The Lanier Law Firm today to schedule a free consultation with a Los Angeles brain injury attorney.
How much does a brain injury attorney cost?
The brain injury attorneys at The Lanier Law Firm work with clients on a contingency-fee basis. Payment is arranged as a percentage of the final settlement or verdict amount. A contingency agreement allows clients to seek the compensation they deserve without concern for whether they can afford skilled legal representation.
How long does a brain injury case take?
A brain injury case is one of the most complex types of personal injury cases. It takes time for a legal team to investigate, gather evidence, and build a strong case. The time frame can range from months to a few years. The timing also depends on whether compensation is settled through negotiation or if it must go to court for a verdict.
How much money can I win in a brain injury case?
The Lanier Law Firm has distinguished itself for gaining substantial amounts for brain injury clients. Settlement amounts usually range from the hundreds of thousands to the millions.
Every brain injury case is unique, and compensation depends on several factors. Achieving a satisfactory settlement begins with choosing a Los Angeles brain injury lawyer with a strong track record of recovering damages for their clients.
Can I sue for a loved one’s brain injury?
Yes. Sometimes people who suffer from a severe brain injury are unable to pursue legal action on their own. In cases where the victim is a minor, is deceased or has lost the cognitive ability to file a claim for their injury, spouses, parents and children can take legal action on behalf of their family member.