Concussions can be dismissed as minor injuries. However, research has shown that concussions ARE Traumatic Brain Injuries (TBI). They can have long-lasting and debilitating effects on an individual’s physical and mental health. When you’ve suffered a concussion as a result of someone else’s negligence in California, you may be entitled to compensation for medical bills, lost wages, pain and suffering, and other damages.
However, recovering compensation for a concussion or Traumatic Brain Injury is a challenging process. It’s important to seek the legal guidance of an experienced San Diego concussion lawyer from Jassim Law who can help you navigate the process and protect your rights and best interests.
Beyond legal expertise, if you’ve suffered a concussion or Traumatic Brain Injury it is absolutely critical that your San Diego concussion attorney have a deep understanding of brain injuries, and the medicine behind diagnosing, treating, and proving such injuries.
Unlike a fractured bone on an X-Ray, a brain or concussion injury is not easily seen on a diagnostic image. In fact, MANY concussions and brain injuries are not indicated with any abnormal findings on CT Scans, or MRIs. To suffer a concussion or brain injury, you are not required to suffer a loss of consciousness.
In other words, victims of concussion and Traumatic Brain Injuries often appear normal to the outside world, with normal scans – but terribly debilitating symptoms. The medicine and science behind Traumatic Brain Injuries, concussions, and post-concussion syndrome is ever-evolving, and these injuries are different for each person – in other words they are much more complex than other types of injuries, for example orthopedic injuries.
Proving Liability for a Concussion Injury: Negligence or Wrongful Conduct
Establishing liability is the first crucial element in a personal injury claim for a concussion injury. To establish liability, you and your San Diego concussion attorney must demonstrate that the responsible party acted negligently or in wrongful conduct, which led to your concussion. Key components that need to be proven include:
Duty of Care
Every person owes a duty of care to others, meaning they must act reasonably to prevent foreseeable harm. Proving negligence means proving that that at-fault party owed you a duty of care. For instance, in a car accident case, all drivers have a duty to operate their vehicles safely and obey traffic laws.
Breach of Duty
Once the duty of care has been proven, the next step is to prove they breached that duty. In the context of a concussion injury, this may involve actions such as reckless driving, unsafe premises, or failing to provide adequate supervision in situations where a concussion can occur.
Proving that the liable party violated their duty of care isn’t enough to make a strong claim. You must be able to causation, meaning there is a direct link between the person breaching their duty of care and your concussion injury. To prove causation, the liable party’s actions or negligence must be the direct cause or a significant contributing factor that led to your concussion.
There are numerous ways a concussion or Traumatic Brain Injury can happen. Leading causes include motor vehicle accidents, motorcycle accidents, bicycle accidents, slip/trip and fall accidents, and pedestrian accidents.
We have seen serious concussion and Traumatic Brain Injuries occur at schools, and in youth sports. To suffer a concussion, an actual impact to the head is not required. The mere sudden movements of the head can cause the brain to impact the interior of the skull causing injury.
How Jassim Law Can Help You After a Concussion Injury
When you’re facing the aftermath of a personal injury, it can be overwhelming, from the mounting medical bills to the physical and emotional toll. The road to recovery can seem daunting. Fortunately, you don’t need to navigate this journey alone. A dedicated San Diego concussion lawyer, like our attorneys at Jassim Law, can be your advocate and guide, providing invaluable support and expertise throughout the whole process. When you work with Jassim Law, we help you with the following:
- Deep and thorough understanding of concussion and Traumatic Brain Injury science, medicine and studies
- Thoroughly investigating every detail of your case IMMEDIATELY
- Collecting and preserving vital evidence and witness statements
- Hiring the preeminent experts in the field of neurology, and brain science
- Going to the scene and reconstructing how the accident occurred
- Securing any evidence, surveillance video, photos, and witness statements
- Filing all paperwork correctly and on time
- Advocating aggressively for your rights and interests inside and outside of court
- Supporting you through every step of California’s claims process
- Helping you get your vehicle repaired or replaced without delay
- Determining if the negligent party was on the job at the time of the accident
- Determining whether additional parties or entities are at fault
- Answering your legal questions
- Keeping you updated on the status of your case
- Negotiating with all parties on your behalf
When you’re dealing with the aftermath of a personal injury, it’s crucial to have a skilled and determined San Diego concussion lawyer by your side. Our unwavering commitment to thoroughly handling your case and advocating for your rights ensures that you get the best possible outcome for your case. With our guidance and support, you can focus on your recovery while we work tirelessly to secure justice on your behalf.
What Damages Are Available in a Concussion Injury Claim?
Concussion injuries may appear minor, but they can have far-reaching consequences for a person to deal with for a lifetime. When people sustain a concussion injury as a result of another person’s negligence, they are entitled to compensation for the physical, emotional, and financial losses they’ve incurred. A person may be able to recover the following damages:
- Non-Economic harms (Pain and suffering)
- Loss of enjoyment of life
- Physical Impairment
- Mental suffering
- Medical expenses (past and future)
- Physical therapy and rehabilitation expenses
- Cost of prescription medication
- Lost wages or income (past and for the future)
- Loss of companionship
- Damages for the injury to a spouse or registered domestic partner (Loss of Consortium)
- Wrongful death damages
- Punitive damages
Navigating the complexities of a concussion injury isn’t easy, especially when dealing with insurance companies fighting to protect their bottom line. You should contact an attorney as soon as you are well enough to pick up the phone to ensure you have the best chance at full and fair compensation.
Contact Our Skilled San Diego Concussion Injury Lawyer
When it comes to concussion injury claims, seeking the right legal counsel is paramount to securing fair compensation and having the support you need. At Jassim Law, we empathize with personal injury victims and are committed to making our communities safer by holding negligent parties accountable. With over 20 years of experience, including handling high-value and complex injury cases such as brain and spinal injuries.
Our founder, Attorney Pajman Jassim, has consistently demonstrated his dedication to helping clients protect their rights. Attorney Pajamn Jassim’s impressive credentials, including his top 10.00 Avvo rating, recognition by Super Lawyers, and selection as one of San Diego’s Best Attorneys, underscore his commitment to excellence and his clients. He understands the challenges you’re facing and is ready to provide the legal support and advocacy you need.
Jassim Law offers free consultations, and in recognition of your injuries, we’re willing to come to you. Additionally, we provide flexible consultation options, including Zoom and telephone consultations, to ensure you get the assistance you need no matter your circumstances. Let Jassim Law stand by your side, fighting for your rights and helping your path to recovery. Contact us today by completing our contact form or calling (619) 554-0624.