Our San Diego Brain Injury Lawyer Answers Brain Injury FAQs
This entry was posted on Wednesday, December 16th, 2015
Posted in News & Articles | Posted by: George Heppner - San Diego Personal Injury Attorney
If you have been injured in an accident that was the fault of another individual or entity, our San Diego brain injury lawyer may be able to help you file for the compensation you deserve. A brain injury is any injury that results in damage to the brain and leads to diminished cognitive function. The effects of a brain injury can be physical, emotional and psychological and occur in a variety of ways. Brain injuries often occur on a traumatic basis, such as through sports injuries, motor vehicle accidents or intentional injuries. Others are the result of improper care from medical professionals that resulted in damage to the tissues of the brain. These are some of the most commonly asked questions regarding brain injury and the process of filing a brain injury lawsuit to receive compensation after an accident.
What limitations do brain injuries cause?
The issues brain damage causes are as varied as the types of brain injury that can occur. Brain injuries cause extensive damage to daily life, but the level of impact varies. Some brain injuries, such as anoxia, cause cognitive deficiencies due to damage to the memory-forming brain structures. These conditions may require cognitive therapy and make it difficult to hold an intellectually-demanding position. Social workers are often required to help with certain tasks. Some brain injuries result in damage to the emotional systems of the brain, resulting in emotional imbalance and outbursts. This often has a significantly negative effect on the victims as well as their family members. It is common for brain injuries to result in physical limitations as well. Those with impaired movement or strength often require mobility aides, such as walkers, wheelchairs and canes.
What should brain injury victims do to receive compensation?
Whether you have a strong legal claim depends on the specific circumstances under which your brain injury occurred. Slip and fall accidents as well as intentional harm and motor vehicle accidents typically fall under the umbrella of personal injury law. In some cases, there may be a secondary criminal action case against the person or entity responsible for your brain injury. Disease- or toxin-induced brain injuries often fall under a different category. These are typically medical malpractice cases, and the blame falls to doctors, nurses, technicians and other medical staff members involved in causing the injury. If you can prove that your treating physician did not follow the reasonable standard of care, creating the brain injury or worsening it, you may have a strong lawsuit.
Are there benefits to filing a brain injury lawsuit?
Filing a lawsuit is often a long and difficult process, but there are benefits to winning a lawsuit that may make the process worth it. Depending on the severity of your injury and how negatively it has affected your life, you may receive significant damages. Serious brain injuries require continual care from physical therapists, medical doctors and psychologists. Paying for this necessary treatment may be beyond what you can afford through your own insurer, so a lawsuit could reduce the financial burden placed on you. Being injured may also make it impossible to work, so you could seek compensation for lost wages. A serious brain injury affects you as well as your family and close friends. Brain injuries may damage relationships, increase financial strain on a family and contribute to emotional stress and trauma. A successful brain injury lawsuit may help you recover financial as well as emotional damages.
Is it possible to file a claim for a brain injury that happened years ago?
While it is best to file a brain injury claim as soon as possible for the greatest chance at success, you may file a claim for an accident that occurred years ago in some cases. The statute of limitations in your state determines whether your claim is still valid. Discovery rules state that the statute of limitations only begins once you realize the injury or damage that occurred. If you did not file a lawsuit sooner because you were unaware of your brain injury, the statute of limitations begins from the date you or your doctor discovered the injury. Some states have stricter interpretations of the discovery rule than others, so it is important to consult with an injury attorney San Diego residents trust to determine whether your case is qualified. You may also be judged according to whether a reasonable person would have inferred a brain injury in your circumstances.
Contact a San Diego Brain Injury Lawyer
Call George Charles Heppner today at (888) 503-6473 to work with an injury attorney San Diego patients trust.