In California, at least 7 for every 100,000 people will be involved in a vehicle accident. Some of these crashes will result in traumatic brain injury (TBI).If you experience TBI, then you know how it affects your quality of life. You might have to leave work or undergo long-term therapy.
In this case, you can benefit from the specialty of a Los Angeles brain injury attorney. With them, you can sue for a civil claim called personal injury compensation.To learn more about this, read the facts:
This is a contributed post and do not necessarily reflect the opinions of Meet The Harris Family.
Personal Injury Is Not a Criminal Action
A personal injury claim is a civil action. It means the defendant doesn’t end up in prison if you win. Instead, you will receive monetary compensation the law calls damages.
These damages fall into two categories:
- Economic
- Non-economic
Economic damages are easily quantifiable. These refer to a loss of income, hospitalization expenses, and costs for long-term care.Non-economic damages, meanwhile, assign value to non-tangible factors to your problem. These refer to pain, suffering, and sleepless nights.
In California, you can also receive punitive damages. The court can award this as a form of “penalty” or “punishment” for the defendant. This is in the hopes they won’t do the same act again.Filing for personal injury claim doesn’t mean you can no longer pursue criminal action. You can do both.
The Law Has Statutory Limitations
This refers to the period you can sue the defendant in court. The length depends on the reason. For example, in medical malpractice, you have one year to file for personal injury.
If it’s traumatic brain injury or a motor vehicle injury, you have up to two years since the incident happened. After that, the court might no longer hear your case.The court, though, can grant special considerations. These are:
- Tolling
- Delayed discovery
Tolling is the suspension of the case until one or both parties meet specific criteria. For instance, it might need to stop if the defendant ends up in prison for another crime. It will resume once they get out.
A delayed discovery means it took more than two years for you to figure out your TBI is due to someone else’s negligence. You should show proof that you have no way of knowing these facts within the two years.
California Is a Pure Comparative Negligence State
In comparative negligence, the court determines the respondent’s participation in the injury. It presents such involvement as a percentage.In some states, you need to be less than 50% involved before you can file a personal injury claim and get compensation.
California is a pure comparative negligence state. It means you can be over 50% responsible for your injury and still go through with the proceedings. TBI is a costly medical condition. Even if you have a mild injury, you can end up spending around $85,000. Severe TBI can cost $3 million.
Filing for personal injury doesn’t change what happened to you. However, it gives you a better chance of surviving it. You can also ease the burden of your family and caregivers.
