The Law Offices of Matthew J. Quinlan represents victims of traumatic injuries throughout San Francisco. We know that any injury brings its share of difficulties, but none are more difficult than traumatic brain injuries (TBIs). With these types of injuries, our team can put together a strong claim and give you the guidance you need. Contact us today for a free consultation to learn more.
Why Do You Need a Lawyer?
You don’t technically need a lawyer when you’re hurt in an accident that leaves you with a traumatic brain injury. However, these injuries usually require a different approach compared to other accidents and injuries in San Francisco. Even seemingly minor incidents can lead to certain challenges relating to the legal process, like trouble with recalling events, remembering crucial details, and an increased need for personalized attention.
Our team can help by finding out who’s responsible, gathering medical records, organizing treatment, dealing with insurance, and supporting you in various other ways. We understand how uncertain and overwhelming this situation can be, so we offer our services without any upfront fees.
What is a Traumatic Brain Injury?
All head injuries have the potential to be traumatic for one simple reason: the human brain is incredibly delicate, and any harm to it can have severe consequences. The challenging aspect of TBIs is that there’s no quick fix. Discovering the full extent of a brain injury can be nearly impossible, as TBIs often lead to significant long-term effects for the person affected. Furthermore, diagnosing and treating a TBI is neither fast nor straightforward.
According to the National Library of Medicine (NLM), common types of TBIs include:
- Concussions
- Brain swelling (edemas)
- Blood clots in the brain (hematomas)
- Brain hemorrhaging
- Skull fractures
Complicating matters, each person experiences different symptoms as their body responds uniquely to the trauma and brain injury. What’s worse, they can happen anywhere at any time.
How Traumatic Brain Injuries Happen in San Francisco
One of the worst parts of a traumatic brain injury is that it can happen in virtually any type of accident in San Francisco. When you stop to think about the sheer number of ways you can experience a TBI, it makes it all the more unfortunate. Still, TBIs are more likely to happen in the following types of accidents:
- Car collisions or truck accidents, particularly head-on collisions
- Pedestrian accidents
- Bicycle or motorcycle accidents
- Workplace accidents, especially in industries like construction or heavy labor
- Medical malpractice or errors
- Criminal acts such as assaults
- Slip and falls
Regardless of how it happens, dealing with a traumatic brain injury is challenging. This is where the claims process becomes very important. While it can’t undo what happened, it can provide you with financial assistance and benefits to aid your recovery. Working with our team improves your chances of recovering from these injuries.
Who’s Liable For Covering Your Damages With a Traumatic Brain Injury?
Dealing with the legal side of a TBI after an accident isn’t much different from other cases. It still boils down to figuring out who’s at fault and getting financial support for what happened. When it comes to fault (legally known as “liability), the key thing is “negligence.” This means someone:
- Had a duty to keep you safe, but didn’t do so. This failure caused the accident, which led to your injuries.
Most of the time, the blame falls on:
- Drivers
- Employers
- Homeowners or landlords
- Store owners or managers
- People who commit crimes
- Makers of products
- Medical professionals like surgeons or doctors
- Local or state government agencies if the accident happens on public property
Why does fault matter so much? Because it decides who has to pay for your injuries and other losses. And this is especially important when it comes to traumatic brain injuries, as they often need lots of care for a long time after the accident.
What Are Your Legal Damages After a Traumatic Brain Injury?
Obviously, the damages you and your family will feel after experiencing a traumatic brain injury isn’t easy to quantify. At the same time, legally speaking, it’s up to you to prove the extent of your injuries when you file your claim. Whether you decide to file an insurance claim out of court or a personal injury lawsuit within San Francisco’s court system, it allows you to recover certain “damages” from the responsible party. Usually, these revolve around your:
- Medical costs, covering past, present, and future expenses such as hospital stays, surgeries, therapies, and equipment.
- Lost earnings due to missed work, benefits, and potential future income affected by the injury.
- Property damage, including repair or replacement costs for damaged belongings.
- Ongoing care expenses, including nursing and home modifications.
- Out-of-pocket costs like transportation, medications, and medical equipment related to the injury.
- Pain and suffering, addressing both physical discomfort and emotional distress.
- Emotional distress, covering anxiety, depression, and other effects of the injury.
- Loss of enjoyment of life, reflecting how the injury limits your ability to enjoy activities as before.
- Loss of companionship, addressing strains on personal and family relationships.
- Wrongful death expenses if the TBI results in fatality.
These damages play a crucial role in your recovery, especially with the often lifelong challenges that come with a TBI. These damages impact your life in the short and long term, so it’s vital to get what you can from the claims process. Further, in California, you typically have two years from the accident date to file an injury claim.
How Can You Protect Your Traumatic Brain Injury Claim?
While a TBI is incredibly challenging and damaging, simply filing a claim for damages isn’t enough. You have to take steps to prove and protect your claim. And it starts right after the accident happens. Obviously, in cases of a TBI, it may not be possible to complete some of these steps, but they still need to be taken. So, you can lean on our team and trusted loved ones to help. Here’s a few things that will protect your claim:
- Get immediate medical help – If you’ve suffered a TBI, it’s critical to seek medical attention right away. This might mean getting assistance from paramedics at the accident scene and then going to the hospital or seeing your doctor for further evaluation.
- Report the accident – Make sure to inform the necessary people about what happened. This includes calling the police, if applicable, and letting them know about the accident. You should also notify emergency services, your employer (if it happened at work), the store manager, property owner, as well as your insurance company.
- Document everything – Take pictures of the accident scene if you can, and gather information from any witnesses or the police. Having this documentation can be helpful later on if you need to prove what happened, especially if memory loss is a factor due to the TBI.
- Follow your treatment plan – Your doctors will provide you with a treatment plan to help you recover from your TBI. It’s essential to follow their instructions carefully, even if it feels challenging or frustrating.
- Keep thorough records – Keep track of all documents related to your accident and injury, such as medical bills, doctor’s notes, and any communication with insurance companies. This information will be crucial if you need to pursue compensation for your TBI.
Recovering from a TBI is rarely linear, so there’s bound to be ups and downs. The legal process works in much the same way, even in TBI cases. So, take these steps to protect your claim. Further, our team can take the burden of the claims process away from you and let you focus on healing.
MJQ Law Can Help You After a Traumatic Brain Injury in San Francisco
A traumatic brain injury is one of the most impactful and hurtful types of injuries that can result from an accident in San Francisco. What’s worse, it not only affects you, but your family and circle of loved ones. At MJQ Law, we can help you through the legal process, making sure you have what you need to put together a successful claim. Don’t wait–contact us today for a free consultation.
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