Long Beach Brain Injury Lawyer
One of the worst parts of the body to suffer an injury is the head. Our brains control all our conscious and unconscious processes, and it’s vital to protect the head at all times. Whenever a person suffers a head injury, any damage to the brain has the potential of causing permanent damage, and may even leave the victim disabled in severe cases. Head injuries may also leave victims incapacitated in other ways, such as memory or sensory impairment, or other complications resulting from oxygen deprivation.
People who have suffered head and brain injuries in Southern California can count on a Long Beach brain injury lawyer at Harting Simkins & Ryan if another party’s negligence is to blame. Head injuries are not only painful but often entail long-term or permanent complications. Victims and their loved ones need legal representation if they wish to secure acceptable compensation for these injuries.
Proving Negligence in Brain Injury Cases
Although head injuries commonly happen on construction sites and in car accidents, many people face these injuries in a variety of other circumstances as well. If you suffer an injury, you can only secure compensation if a court would find your injury preventable and the injury-causing hazard as “reasonably foreseeable.” While foreseeability is a common point of contention in disputes over negligence, courts expect responsible adults to conduct themselves with reasonable care. Proving negligence in court involves three things:
- The defendant owed the plaintiff a duty to act with reasonable care. Examples could include general expectations of the public, such as refraining from driving after consuming alcohol or using turn signals to indicate lane changes in traffic.
- The defendant violated this duty in some way, such as running through a stop sign or choosing to drink and drive. This can apply to inaction as well, such as a defendant failing to apply the brakes because he or she wasn’t paying attention to the road.
- The plaintiff’s injuries were the direct results of this breach of duty to act with reasonable care. The plaintiff must be able to prove that he or she suffered actual injuries and/or losses, and his or her Long Beach personal injury attorney may call upon witnesses to testify in support of their claims.
The plaintiff may only sue for the injuries and damages that were the direct results of the defendant’s actions in question. However, some injuries or illnesses are not immediately apparent, with some taking years to noticeably manifest. Plaintiffs may still file claims in most cases, as the statute of limitations (the time limit one has to file a lawsuit for an incident) starts on the date of discovery, or the date the plaintiff was able to perceive the injury or illness.
Types of Brain Injury Compensation
If your Long Beach brain injury lawyer can prove the defendant’s negligence in court, you have a very good chance of winning your case. Personal injury lawsuit awards typically fall into two types: general compensation that repays all expenses resulting from the injury-causing incident, and special forms of compensation that may or may not apply. Head and brain injuries are notoriously damaging, and injured victims can potentially recover a great deal in damages from personal injury lawsuits.
Consult a Local Long Beach Brain Injury Lawyer Today
Harting Simkins & Ryan, LLP wants to help those recovering from a head or brain injury in Southern California to maximize their recovery. If another party’s negligence led to such an injury, it’s important to hold them accountable for their actions. Injured plaintiffs may be able to recover their medical expenses, compensation for pain and suffering, and coverage for ongoing and future medical costs. Contact our office to learn more about personal injury cases, or if you would like to schedule a consultation about your head or brain injury case.