Castro Valley Brain Injury Lawyer
The brain plays an integral role in all aspects of human life. It is responsible for memory, thought processing, communication, emotions, movement, sensation, and responses. This organ of nervous tissue is protected by cerebrospinal fluids, meninges, and the skull. It may sustain injury from the smallest amount of damage. Many TBI cases have been found to occur from motor vehicle collisions. It is essential for family members and caregivers of a TBI patient to ensure treatment is sought, identify the level of support needed, and retain legal counsel to protect their rights after an accident.
A TBI or another type of head trauma from an accident may cause hardships in the lives of those affected. If you were injured in a crash through no fault of your own, contact our skilled brain injury lawyers serving Castro Valley, California, to discuss your case at (510) 631-0200 or (800) 404-5400.
Since 1982, our legal team at AutoAccident.com has assisted California residents with their personal injury cases involving TBIs and other types of head trauma. We have the experience, knowledge, and resources necessary to handle TBI cases, no matter how the incident occurred. Reach out to our law firm to set up a free case evaluation with one of our skilled California brain injury attorneys serving Castro Valley residents. When you work with our law office, you will have our experienced lawyers on your side to handle all legal processes so you can focus on rebuilding your life and recovering from the incident.What Are the Common Causes of TBIs?
A traumatic brain injury may occur in a wide array of situations. Some common reasons for TBIs, as reported by the Centers for Disease Control and Prevention (CDC), include:
- Traffic Collisions: A motor vehicle crash has the potential to cause blunt force trauma to the head, particularly in high-speed accidents or when a cyclist or pedestrian is struck by a car.
- Slip and Fall Accidents: Slipping on a wet surface or falling from a height may lead to TBIs. This may be attributed to the head striking a hard surface.
Regardless of how a TBI occurs, if someone else’s negligence or carelessness caused the head trauma, an injured party should be compensated for the undue harm they faced.Can You File a Bodily Injury Claim for a TBI?
Under California law, an individual who suffers injuries in an accident as a result of another party’s carelessness or negligence may be eligible to file a bodily injury claim against the other side and their insurance company. The claimant must prove that the negligent party caused the incident and the resulting injuries, such as head trauma. Four elements must be established in these matters, including:
- The other side owed a duty of care to the injured party
- The negligent individual or entity breached their duty of care
- The claimant sustained harm because of the breach of duty of care
- The injured party suffered damages in connection with the incident
Proving a traumatic brain injury case from an accident may be challenging. This will vary based on the facts and circumstances surrounding the incident. For instance, if an individual sustained head trauma in a car crash, they must clearly demonstrate that the motorist’s actions breached their duty to operate their motor vehicle safely and follow the rules of the road.What is the Deadline for a Case of Personal Injury in California?
In California, the statute of limitations for personal injury cases is generally two years from the date of the incident. Specific exceptions may alter this deadline. For instance, if a defendant is a government entity, the time frame may be shortened to six months. In the case of an injured minor child, the two-year statute of limitations is tolled. This means that the two-year deadline is paused and starts on the injured party’s 18th birthday. From that date, they have two years to settle the claim with the insurer or file the case in court to ensure that the statute is protected.
Given the challenges surrounding the filing criteria and deadlines involved in personal injury cases, it is essential to retain legal counsel to ensure that the matter is filed within the appropriate time limit. If the case is not settled or filed within the applicable statute of limitations, the claimant may lose the right to hold the other side liable for damages. When you work with our legal team at AutoAccient.com, we will make timely filings and ensure that other aspects of your case are handled on your behalf. For more details on how our Castro Valley brain injury attorneys can assist you, call for a free consultation today.What is Required to Prove Negligence in an Accident Case?
Bringing a successful personal injury case for a TBI requires proving that the other side’s actions were negligent or careless. This generally requires collecting and preserving evidence while following legal rules. With decades of combined experience handling traumatic brain injury cases, our legal team has the knowledge, skills, and resources to conduct an in-depth investigation, including the following:
- Speaking with witnesses who saw the collision and can provide testimony
- Obtaining traffic incident reports by law enforcement that responded to the crash
- Ordering medical records by treating providers and examining them in detail
- Seeking testimony from expert witnesses, such as an economist, collision reconstruction specialist, etc.
- Plan and present a personal injury case for a TBI in the most compelling way possible
Having an experienced attorney on your side will work to your benefit when navigating the challenging legal process and securing the financial recovery you need and deserve. Our California brain injury attorneys at AutoAccident.com bring decades of combined experience to each TBI case. We offer clients:
- Personalized Attention: Our legal team understands the financial, emotional, and physical hardship that an accident-related injury, like a TBI, may have on an individual and their loved ones. That is why we strive to provide a personalized approach to every case we handle. We are committed to providing excellent service and compassionate support to clients throughout the legal process.
- Contingent Fee Basis: Our law office handles personal injury cases, including those involving TBIs and other forms of head trauma, on a contingent fee agreement. This means that our clients do not owe us attorney’s fees unless and until we have secured a successful result on their behalf. Please note that the costs of legal representation generally increase when a case proceeds into litigation.
Watch the video below to learn more about how our injury attorneys can assist you with your TBI case.Castro Valley Traumatic Brain Injury FAQ
Why is immediate medical treatment important for a personal injury case?
Medical care should be sought promptly following a motor vehicle collision or another type of incident, even if the resulting injuries seem minor in severity. Symptoms of some injuries may not present symptoms right away, such as a traumatic brain injury. Immediate treatment of injuries will result in official medical documentation. Moreover, it will help eliminate any uncertainty from the other side that may assert that reported injuries, like head trauma, are unrelated to the crash. Without immediate treatment and medical records, proving that a TBI occurred from an accident may be challenging.
What happens if there are gaps in treatment in a traumatic brain injury case?
Seeking medical treatment for injuries, like TBIs, from an accident is essential. It is also crucial to follow recommendations from health care providers. This means attending follow-up visits, avoiding gaps in treatment, following orders on rest, participating in physical therapy, and time away from school or work. If an injured party fails to follow their treatment plan, the insurer may attempt to justify this non-compliance to devalue or deny a bodily injury claim. For this reason, following orders from medical providers is essential for protecting your rights under California law.Contact a Brain Injury Attorney in Castro Valley, California
A traumatic brain injury has the potential to change the course of an individual’s life. If you sustained a TBI or another type of head trauma in an accident through no fault of your own, speak with a member of our legal team during a free consultation at (510) 631-0200 or (800) 404-5400. Our attorneys are available anytime to review your Castro Valley brain injury case and provide free and friendly advice. We are committed to maximizing our client’s recovery, reflected in our history of settlements and verdicts. Contact us today to learn more about our services.
Photo Credit: Pexels User – “Anna Shvets”
ds [cs 1449]