Montclair Traumatic Brain Injury Lawyer

Montclair Traumatic Brain Injury Attorney

Traumatic brain injuries can occur after an accident that causes the head to be struck or receive a strong jolt. A Montclair traumatic brain injury lawyer can review the circumstances of an accident to determine if another person or company may be legally liable for resulting injuries if they were negligent.

Brain injuries often lead to long-term medical and cognitive issues along with financial challenges. Your ability to prove damages may depend on maintaining detailed documentation when pursuing a personal injury claim.

Traumatic Brain Injury

Contact Hobbs Law Group 24/7 to schedule a free case review with a Traumatic Brain Injury lawyer. You will not pay us anything unless you win.

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About Hobbs Law Group

Personal injury lawyers with Hobbs Law Group advocate on behalf of injured individuals who have suffered losses due to negligence, recklessness, or other improper conduct. We conduct investigations to determine how an accident happened and who may be legally responsible for compensation. The initial consultation is free of charge, and clients do not pay attorneys’ fees unless we recover compensation through a settlement or verdict.

Understanding Traumatic Brain Injuries

Traumatic brain injuries, or TBIs, happen when an outside force negatively affects brain function. The seriousness of the injury can be evident simply from how the accident happened. Other times, individuals may suffer injuries that cause symptoms to occur after several hours or even days have passed. Some problems individuals may experience after a TBI include:

• Headaches
• Dizziness
• Memory loss
• Loss of cognitive function
• Confusion
• Sensitivity to light
• Difficulty concentrating

Serious TBIs can cause impaired speech, mobility issues, emotional disturbances, and an inability to work independently. Victims of traumatic brain injuries should seek medical attention, even if they remain conscious after an accident. A person does not need to lose consciousness to suffer a TBI.

Approximately 1.7 million Americans suffer TBIs annually. Such brain injuries cause 1.1 million emergency room visits, 235,000 hospital stays, and 53,000 fatalities annually. TBIs can occur in motor vehicle accidents, pedestrian collisions, bicycle accidents, falls, construction site accidents, and accidents caused by unsafe property conditions. In Montclair, car accidents can happen on busier roads like Interstate 10 and Central Avenue.

California TBI Laws and Negligence Claims

California does not provide a separate negligence standard that applies only to traumatic brain injuries. Instead, the state’s general personal injury laws usually apply to determine liability.

California Civil Code § 1714 creates the general rule that everyone must use ordinary care when managing themselves or their property. A defendant would fail to use ordinary care by acting recklessly or failing to mitigate risks. This law may apply in a TBI claim when a defendant’s conduct, like dangerous driving or a property owner’s failure to fix dangerous conditions, leads to injuries.

Typically, a plaintiff must prove that the defendant owed them a duty of care, breached their duty, and was a direct cause of injuries that led to compensable damages. Medical records can play an important role in proving the existence and severity of a brain injury, as many symptoms may not be visible to others.

Deadline for Filing a Claim

California law generally provides two years to file a claim for damages caused by another person’s wrongful conduct or negligence. There are exceptions to this rule, and some claims, such as claims against public entities, have shorter deadlines.

Montclair is located in San Bernardino County.  Most civil matters that start in Montclair are handled by the Civil Division located at 8303 Haven Avenue in Rancho Cucamonga, CA 91730. While there are other requirements for filing a civil claim, filing in the correct court is necessary to pursue a claim.

Hire a Traumatic Brain Injury Lawyer

An individual can hire a traumatic brain injury lawyer in Montclair if there are any disputes about who is liable for their injuries, available insurance coverage, medical causation, or the extent of damages they may suffer in the future. Your lawyer can collect crucial paperwork like accident reports and medical histories, pinpoint who might be at fault, and discuss the details of your situation with insurers.

Your Montclair traumatic brain injury attorney can review evidence about how the accident happened and whether defendant conduct caused the injury.  An attorney can assist you in your TBI case and gather medical records that support the connection between the accident and your diagnosed injury.

FAQs About Montclair, CA Traumatic Brain Injury Laws

What Is the Average Settlement for a Traumatic Brain Injury in Montclair?

There is no real average settlement for a traumatic brain injury in Montclair. This is because each case is unique and depends on the specific variables to determine settlement amounts. For instance, what you receive could depend on medical costs, missed earnings, ongoing treatment, what you can earn going forward, and emotional distress, among other things. Serious cases are worth significantly more than mild injuries.

How Much Compensation Can I Claim for a Traumatic Brain Injury in Montclair?

Calculating compensation for traumatic brain injuries starts by identifying your losses. These can include medical bills (past and future), rehabilitation expenses, lost wages, physical pain and emotional suffering, loss of enjoyment of life, and diminished earning capacity. You may even be eligible for compensation for emotional trauma. California’s comparative fault rules may also reduce your compensation if you are partially to blame for the accident.

Does Stress Make a TBI Worse?

Stress can exacerbate or increase the severity of some symptoms that people experience while recovering from a TBI. The Centers for Disease Control and Prevention lists anxiety and irritability, difficulty concentrating, sleep problems, and other emotional symptoms that people recovering from a mild traumatic brain injury or concussion may experience.

As such, stress management and adhering to your doctor’s recommendations may be an important part of recovering from your symptoms if they affect your day-to-day life.

How Long Does It Take to Recover From a Severe Traumatic Brain Injury?

Some severe traumatic brain injuries can take months or years to recover. Others may leave you with lifelong cognitive, behavioral, or physical disabilities, which may require ongoing therapy or assistance. Your recovery time depends on many factors, including where and how much your brain was injured, your overall health before the injury, any complications that arose after your injury, and how you responded to treatment and therapy.

Contact Hobbs Law Group

If you have suffered a TBI injury, Hobbs Law Group can help you seek compensation for your damages. We can advocate for your rights. Contact us today for more information.