Rancho Santa Fe Brain Injury Attorney
Have Your or a Loved One Suffered Head Trauma?
Brain injury cases can be complex and difficult. Defendants and insurance companies may not believe that the plaintiff has actually suffered a serious brain injury because many diagnostic tests fail to detect the injury. In addition, many individuals who suffer from a brain injury have memory loss and may not be able to remember the specifics of the accident that caused their injury. While these factors may make proving the brain injury more difficult, they do not necessarily preclude recovery for your injuries.
At LiMandri & Jonna LLP, our Rancho Santa Fe brain injury lawyers fight for the injured. We do all in our power to make the responsible party compensate you for the damages they have caused.
If you or a loved one has sustained a brain injury, it is important to call (858) 247-3828 and discuss your situation with an experienced attorney.
Many brain injuries result from someone else’s negligence. These often occur from sports accidents where the coaches did not uphold the proper safety measures for athletes, car accidents where other drivers were not paying attention, or another common cause.
A catastrophic injury attorney can examine the circumstances of the accident and collect the evidence proving the offender was not maintaining reasonable awareness to avoid harming others.
Establishing Your Case
Brain injuries often go undiagnosed and untreated, and a delay in detection and subsequent delay in bringing a lawsuit may make it appear that the plaintiff’s injuries are not that serious. Further, individuals with brain injuries may look “normal,” which could make establishing their injuries and damages for a jury and the defendant more difficult. In addition, some closed head injuries and minor brain trauma often go undetected on a CT scan, MRI and other diagnostic tests. While these factors make your claim more difficult, an experienced attorney knows the key points to look for in order to bolster your case.
If, for example, the plaintiff cannot recall the specific facts of the accident due to memory loss, his or her attorney can call individuals who witnessed the accident to testify about it
In addition to accident witnesses, the plaintiff will likely want to call other lay witnesses, such as family members, coworkers and friends, who can testify about the plaintiff’s condition before and after the accident. Individuals with brain injuries may have a poor understanding of their injuries. Your experienced brain injury attorney can also arrange neuropsychological testing with a qualified expert.
Symptoms of a brain injury that lay witnesses and experts can testify on your behalf about include:
- Coordination problems
- Inability to express feelings
- Loss of memory
- Difficulty reading
- Inability to communicate
- Personality changes
- Sleep disorders
Generally, the testimony of an expert is admissible if the witness is qualified as an expert based on skill, knowledge, training, or education and the testimony will substantially help the judge and jury to understand the evidence.
There are several types of expert witnesses that may be of assistance to the plaintiff in establishing his or her case:
- Medical experts in fields of neurology, neuropsychology, neuropsychiatry and psychiatry can help explain the plaintiff’s injuries, what caused the injuries and how the brain has been affected
- A biomechanical engineer is someone who studies the relationship between force, acceleration and deceleration and the impact on the human body and brain, can explain how the brain can be damaged by changes in acceleration forces and how there can be brain injury without the head actually hitting anything.
- A life care planner can quantify the future costs of medical care and for hiring people to help out with tasks that the injured party can no longer perform. An economist can testify about how much money the plaintiff will need to make the plaintiff “whole.”
What Damages Can Be Obtained?
If the plaintiff successfully proves the elements required for a negligence claim, the court may award damages. In general, a plaintiff is entitled to compensatory damages, which are intended to make the plaintiff whole. The plaintiff may be awarded damages for pain and suffering, lost earning capacity, medical bills and future medical expenses. In addition, the spouse and any children of plaintiffs with brain injuries may be able to recover damages for loss of consortium or companionship.
How to Get Started
If you or a loved one was in an accident and suffered a brain injury, it is important to seek medical attention. Because many brain injuries go undiagnosed, it is essential that you have a variety of tests and ensure a doctor carefully examines your symptoms. After seeking medical attention, talk to an experienced Rancho Santa Fe brain injury lawyer.
An attorney can evaluate your situation, walk you through all the steps in litigation, and explain your chances of recovery. Call (858) 247-3828 for a free consultation with the team at LiMandri & Jonna LLP.