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Compensatory damages cannot be awarded until it is determined who was at fault in the incident that caused your brain injuries. The determination relies on the pieces of evidence presented by the plaintiff and the defendant. Money paid is usually meant to return the victim to the financial state they were in before they got injured in California.
It might be impossible to get any award if you cannot link an incident and liable parties to the brain injuries. And in your state, it might have been impossible to take pictures and collect other helpful evidence. But calling a cooperative Fresno personal injury attorney immediately is a great way to secure everything you need to successfully fight for what you deserve.
How is Fault Determined in Workers’ Compensation Brain Injury Claims?
Employees that sustain brain injuries in the line of duty usually file through their employers’ workers’ compensation coverage. The legal process for filing such claims differs from that of personal injury claims. In this plan, you do not have to prove that your employer or anyone else was at fault for your brain injury.
An employee with brain injuries has a right to medical care, usually offered as required. You should also receive at least ¾ of your wages until you recover and can return to work. If the brain injury rendered you permanently disabled, you could be entitled to permanent disability benefits. Temporary disability benefits could be awarded if your condition meets the definition.
Who Could be at Fault for My Traumatic Brain Injury?
In personal injury claims, you must show that another party’s negligence resulted in your brain injuries. But before you settle on who was at fault, it is critical to ask yourself the following questions:
- Did my injuries end up with actual damages that cost money?
- Should the at-fault party have foreseen their actions causing harm to someone?
- Did their breach of duty cause your injuries?
- Did the person breach their duty?
- Did they have a responsibility to act a certain way?
Drivers on the road have a duty to follow road rules, adhere to speed limits and drive responsibly. Similarly, store employees are supposed to maintain the floor coverings, lighting, and other parts to ensure it is safe from hazards. A seasoned Fresno brain injury attorney can evaluate the circumstances and brief on who is at fault. Traumatic brain injuries could also happen through:
- Assault
- Defective products
- Slip and fall accidents
- Construction accidents
- Sports injuries
- Bicycle accidents
- Motorcycle accidents
- Auto accidents
What Principle Does California Use to Assign Fault?
California is one of the states that use the principle of comparative fault to assign liability. Courts use a holistic approach in deciding how much they will award as compensation. While the defendant’s behavior is a significant consideration in the case, it is not the only aspect the judge factors in. Things you did or failed to do can be used against you.
The at-fault party’s legal team can argue that the traumatic brain injury could have been avoidable if you had acted differently. If the court is convinced, they can reduce the value of your damages by your percentage of fault. A skilled Fresno brain injury attorney can defend you from such allegations and ensure you receive the maximum possible compensation.
What Kinds of Compensation Can I Receive From the At-Fault Party?
If your California attorney can prove that someone else was to blame for the brain injuries suffered, the judge might award you compensation. The value of the case could depend on the damages suffered due to the injuries to your brain. Economic and non-economic damages are commonly awarded in brain injury claims. Punitive damages could be included in some instances.
Non-Economic Damages
It is difficult to attach a specific monetary value to damages in this category because it can be challenging to quantify. The compensation covers;
- Emotional distress
- Loss of spousal intimacy
- Pain and suffering
- Loss of enjoyment of everyday activities
Economic Damages
It is easier to work out the monetary value of economic damages because it is certain and easy to determine. It could include;
- Past lost wages
- Future expected lost wages
- Past medical bills
- Future expected medical costs
- Cost of assistive devices
- Cost of home modifications
- Ongoing rehabilitative therapies
Punitive Damages
These damages are only awarded when the judge sees the need to punish the at-fault party and discourage others from engaging in similar acts. Your experienced Fresno brain injury attorney can convince the judge to award punitive damages where there was a willful disregard for your safety and that of others.
How Much Time Do I Have to Prove Fault in California?
Traumatic brain injury claims take a bit of time to conclude. It can take 18 months to two (2) years, or even longer. The wait might be advantageous to your claim because brain injuries usually take longer to discover or develop. Rushing to settle could be risky because the full extent of the injuries might not have been discovered yet.
Most victims rush into settling with insurance companies because of the overwhelming medical bills. But this won’t happen when working with a skilled Fresno brain injury attorney. They could negotiate with medical providers to offer the victim quality healthcare without asking for money from them. Instead, the doctor or hospital could be tagged as a party to the suit and receive their pay when compensation is awarded.
A Law Firm Offering Outstanding Representation for Brain Injury Victims
A brain injury can deplete the victim and their family completely. Missing out on compensation or getting an amount that is less than you deserve is the worst that can happen to anyone that suffered a brain injury because of someone else’s negligence.
The lawyers at our firm can take up your legal tussle while you focus on your recovery. We could gather all the evidence required to compile a solid case and won’t settle for less. Book a FREE consultation with us today if you are determined to get justice in California.