How to File a Brain Injury Claim in Bakersfield

How to File a Brain Injury Claim in Bakersfield

If we think about situations that can change someone’s life in an instant, it’s difficult to beat a traumatic brain injury (TBI). Each year, more than 1.7 million Americans suffer from brain injuries with various degrees of severity, prompting about 235,000 visits to the hospital, and causing almost 53,000 annual fatalities, according to the Department of Rehabilitation of California. Falls, trips, car accidents, physical assaults, and sports-related accidents are among the most common causes of TBI and loss of consciousness among Californians, and the consequences of a severe injury can last for a lifetime.

Traumatic brain injuries cause some of the highest medical costs a patient could ever see. According to a study by the California State University in Bakersfield, “the lifetime cost for an individual with a severe brain injury can range from $600,000 to $1,875,000”, and Medicaid spends around 320 million dollars each year in care for people who suffered a TBI. In fact, the actual cost could be even higher. The same study states that of every 100,000 emergency room visits due to a head injury, 25% of those people will be unable to return to work permanently.

With that in mind, having a clear understanding of your rights as a traumatic brain injury victim, and what kind of claims or compensations you are entitled to in the event of an unfortunate incident of this nature is important. This blog will discuss:

  • The Consequences of a Traumatic Brain Injury
  • How to File a Brain Injury Claim in Bakersfield
  • What Can a Brain Injury Attorney Do For You

The Consequences of a Traumatic Brain Injury

Traumatic brain injuries can have a wide range of consequences for a person, and their effects vary depending on the severity and location of the injury. Some of the most common consequences of a traumatic brain injury listed by medical experts include:

Cognitive Impairment

TBIs often result in cognitive deficits, such as difficulties with memory, attention, problem-solving, and language. This can affect a person’s ability to learn, work, and communicate effectively.

Loss of Motor Skills and Coordination

Motor skills may be impacted by brain damage, leading to problems with balance, coordination, and fine or gross motor movements. This can affect a person’s ability to perform everyday tasks and engage in physical activities.

Sensory Changes

A TBI can lead to sensory disturbances, including changes in vision, hearing, taste, and smell. Some individuals may become hypersensitive to sensory input or experience altered perceptions, making it difficult to experience a normal daily life.

Emotional and Behavioral Changes

Mood swings, irritability, depression, anxiety, and emotional instability are common non-economic damages after a traumatic brain injury. Some individuals may also exhibit impulsive or socially inappropriate behavior.

Headaches and Seizures

Persistent headaches are a frequent complaint following a TBI. Seizures may also develop, either immediately after the injury or at a later stage.

Communication Challenges

Language and communication difficulties may arise, making it hard for the person to express themselves or understand others.

Sleep Disturbances

TBIs can disrupt sleep patterns, leading to insomnia, excessive daytime sleepiness, or other sleep-related problems.

Fatigue

Many TBI survivors experience chronic fatigue, which can impact their ability to perform daily activities and participate in work or social life.

Loss of Consciousness

Depending on the severity of the brain damage, a person may lose consciousness temporarily or remain in a coma for an extended period.

Severe Disability

In cases of severe TBI, individuals may experience profound disability, including paralysis, loss of independence, and the need for round-the-clock care.

Personality Changes

Some individuals undergo significant changes in personality, which can strain personal relationships and make reintegration into society challenging

Reduced Quality of Life

Overall, the consequences of a TBI often result in a reduced enjoyment of life for the affected individual and their family, as they may require ongoing medical care and support.

It’s important to note that the effects of a traumatic brain injury, even for mild concussions, can be long-lasting, and rehabilitation and support are often necessary to help survivors regain function and independence to the fullest extent possible. The specific consequences of a TBI vary widely, and the treatment and management of these injuries should be tailored to each individual’s unique needs and circumstances, which is why recovering fair compensation from the responsible party is critical after this life-altering event.

brain injury claim

How to File a Brain Injury Claim in Bakersfield

A “brain injury claim” is a legal action taken by an individual who has suffered a brain injury due to the negligence of another party. This type of claim typically falls under personal injury law and is aimed at seeking compensation from an individual or an insurance company. Severe injuries like these can be the result of car accidents, slip and fall incidents, medical malpractice, workplace accidents, or acts of violence. To pursue a brain injury claim, the injured person or their legal representative must: 

  • Establish that the responsible party owed a duty of care to them. In a car accident, for example, all drivers owe a duty of care to operate their vehicles safely. A responsible party breached their duty of care through actions like reckless driving, medical negligence, or inadequate safety measures in the workplace. 
  • Prove a direct link between the breach of duty and the brain injury. In other words, it must be shown that the injury would not have occurred if not for the negligent actions of the responsible party.
  • Have suffered actual damages. Medical bills, lost wages, pain and suffering, and ongoing medical care related to the TBI are considered damages. If these can be proven, the injured party may be entitled to compensation through a brain injury claim. Such compensation covers medical expenses, rehabilitation costs, lost income and other financial losses resulting from the injury.

Traumatic brain injury settlements can be complex and require the utmost legal expertise to navigate. It’s essential to consult with an experienced personal injury attorney who specializes in brain injury cases to ensure that the injured party’s rights are protected and they have the best chance of obtaining fair compensation for their injuries.

FAQ About Brain Injuries in Bakersfield

1. What are the legal implications of TBIs in Bakersfield?

If a TBI is caused by someone else’s negligence, the injured person may be entitled to file a personal injury claim to seek compensation for medical expenses, lost wages, and punitive damages in certain cases. Always consult with a personal injury lawyer to know the liabilities involved and how they can help you make a claim and reach a fair settlement. In California, you are entitled to compensation for these cases.

2. Where can I find medical treatment for a TBI in Bakersfield?

Bakersfield is home to one of the most important brain injury treatment facilities in California, the Centre for Neuro Skills, which recently celebrated its 40th anniversary treating survivors of TBIs. However, it’s also one of the most difficult institutions to get into, only able to provide care for around 150 patients a year. However, working with a personal injury law firm can provide TBI victims with access to medical professionals that can assist in their recovery, like in our case.

3. Are there advocacy and awareness groups for TBIs in California?

Yes, California has advocacy organizations and support groups dedicated to raising awareness about TBIs, supporting survivors, and promoting research and prevention efforts. The most important ones can be found under the Traumatic Brain Injury Program State Plan, which offers a wealth of information and resources about your rights as a traumatic brain injury patient, and support for your everyday life.

4. How can I prevent a traumatic brain injury?

Although accidents happen, taking preventive measures such as wearing seatbelts, using helmets during sports activities, maintaining safe workplace practices, and following traffic laws can significantly reduce the risk of permanent brain damage.

Recover Traumatic Brain Injury Compensation with Ayuda California

A TBI can change your life in a permanent way. If you or a loved one have suffered because of the negligence of someone else, you have a right in Bakersfield to file a claim and seek fair compensation. Having a brain injury lawyer to help you navigate the process of a traumatic brain injury case and ensure you receive the support you deserve is a critical aspect of the whole process.

At Ayuda California, our legal team of experienced personal injury lawyers, medical professionals, and case managers will help you recover the maximum compensation available for your losses. We will handle all the paperwork and ensure that you receive the medical care you need and deserve, under a contingency fee basis. This means that you won’t owe us a single cent until we win your case.

Contact us at (844) 865-0721 for a free consultation. Traumatic brain injuries are always serious, no matter the severity, so we are available 24/7. Every second counts!

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