Rancho Cordova Brain Injury Lawyer

A person who has been injured through the negligence of another person often has to deal with extensive medical treatment and physical therapy while struggling to determine how to pay bills.  One of the most severe types of injury that a person can endure involves a brain injury.  These injuries may be caused by penetrating head trauma or a closed head injury.  In many cases, there are long-term negative consequences of these injuries.  

A Rancho Cordova Brain Injury Lawyer at the Edward A Smith Law Offices understands the severity of this type of harm and the complexities of bringing a personal injury case to obtain a damages recovery that will enable a person to move forward with their life.

Brain injuries may result from many different types of trauma, including an impact, such as one from a cart accident.  Other types of brain injuries are caused by a penetrating impact. A bullet wound is an example of this type of injury.  In many cases of closed head injuries, the person may not realize that the problem is developing in their brain until severe and long-term damage has occurred.  Although people do recover from these types of injuries, others face a lifetime of struggles.

When a person has suffered from a serious brain injury, numerous physical and mental problems might create immense challenges, including loss of motor control, severe headaches, hearing and vision impairment, memory loss, mood swings, depression, sleep disorders, and cognitive impairment.

When pursuing a brain injury case, a Rancho Cordova Brain Injury Lawyer first will establish how the injury occurred and who might be liable for the harm suffered.  This is a critical part of the analysis. There are times when the injury was not deemed to be the result of negligence, recklessness, or intentional acts, and it will not be possible to recover from a third party.  However, once it is clear that someone did something wrong, it is important to act quickly.

There is a limited period of time in which to file a claim for a brain injury.  In California, there is a two-year statute of limitations for personal injury cases, but a lot must be done before a case can be filed.  In deciding to file a case, there are specific types of damages that can be sought, including:

• Medical expenses (special damages) – A person who has suffered from a brain injury may face years of ongoing medical treatment, rehabilitation, and therapy.  It is important to calculate the costs that reasonably would accumulate over the course of the person’s life to ensure sufficient funds;
• Lost wages (special damages) – This looks at the money that was actually lost as a result of the injury and the natural progression of a person’s career.  It is crucial to look at all the earnings and benefits that no longer will be possible as a result of the injury;
• Pain and suffering (general damages) – This category of damages compensates a person suffering from a brain injury for the physical pain and emotional suffering that resulted from the injury.  Basically, it is a way of compensating a person for the dramatic change in their life that resulted from the injury;
• Loss of consortium (general damages) – When the person who suffered the brain injury was married, the spouse may have a claim for the loss of the family relationship that was caused by the injury; and
• Punitive damages – These damages only are awarded when the defendant's actions are deemed to be egregious, resulting from acts involving malice, oppression, or fraud.  They are relatively rare.

When a person has suffered a serious brain injury, it is important to get legal help as soon as possible.

Did you or a loved one suffer a traumatic brain injury after an accident caused by someone else? We have decades of experience and may be able to help. Call our Rancho Cordova brain injury lawyers at (916) 921-6400 or (800) 404-5400 for free, friendly legal advice.

The Rancho Cordova traumatic brain injury lawyers at the Law Offices of Edward A. Smith are ready to work for you and your TBI case.

We are members of the Million Dollar Advocates Forum and the National Association of Distinguished Counsel.

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Editor’s Note: This page has been updated for accuracy and relevancy [cha 7.20.21]

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