Desert Hot Springs Brain Injury Lawyer
A personal injury occurs whenever the negligence or illegal misconduct of one party causes actual harm to another party. The injured victim can pursue compensation for their losses from the incident, and any personal injury has the potential to be a life-changing experience for everyone involved. This is especially true of catastrophic injuries which cause permanent harm. Of all the severe injuries a person could potentially suffer, brain injuries are some of the most serious.
Compassionate Legal Counsel for Victims of Brain Injuries in Desert Hot Springs, CA
Any brain injury has the potential to cause a host of complications for the victim and many economic strains on them and their family. Brain injuries are often difficult to treat due to their inherent unpredictability and the likelihood of causing a wide range of symptoms. Two people might sustain seemingly identical brain injuries but go on to have entirely different recovery experiences. If you recently sustained a brain injury due to the actions of another party in Desert Hot Springs, you need to know your options for legal recourse.
The attorneys at English Lloyd & Armenta have years of professional experience in California personal injury law. Our firm has a strong professional record of successful work injury claims and personal injury claims on behalf of clients in Desert Hot Springs and throughout the Coachella Valley. We take a client-focused approach to legal counsel, learning as much as we can about each client’s individual experience and helping them determine the optimal path to recovery. If another party caused a brain injury to you, there is no reason why you should be left to bear the cost of their negligence or misconduct.
Why You Really Need to Hire a Desert Hot Springs Brain Injury Attorney
It is technically possible to file a personal injury claim on your own without hiring legal counsel, but you must understand the various risks you would face in doing so. First, you could overlook key pieces of evidence and face a difficult time proving liability for the injury. Second, filing any personal injury claim requires meeting very strict procedural requirements with the court. Third, any mistakes in the early stages of the case could amount to losing your ability to recover your damages. Third, while the average person may be able to accurately assess immediately noticeable damages, they are likely to struggle when it comes to proving the full extent of their long-term damages.
When you hire English Lloyd & Armenta to represent you in a brain injury claim in Desert Hot Springs, we will handle the difficult procedural aspects of the case and your court filings so you can focus on your recovery. Our firm has expansive professional resources, including expert witnesses we can contact for professional insights into the most complex aspects of the case. We also know how to accurately calculate the full scope of your claimable damages, helping you to hold the defendant who injured you fully accountable for your immediate and future damages.
Hiring legal counsel that you can trust dramatically improves your chances of reaching the optimal outcome for your impending brain injury claim. We know the toll this type of injury has likely taken on you and your family and will do everything we can to enhance your recovery as fully as state law allows.
Common Causes of Brain Injury Claims
Before the victim of a brain injury and their family can obtain any type of compensation, they must first prove exactly how the injury occurred and identify the party responsible for causing it. Most personal injury claims arise from acts of negligence or failure to use appropriate care and caution in specific situations. However, it is also possible for a brain injury to result from intentional misconduct, leading to criminal charges for the defendant and more complex legal proceedings for the plaintiff.
A few of the most commonly cited causes of brain injuries in the Desert Hot Springs area that can generate personal injury claims include:
- Motor vehicle accidents from negligence. Blunt force trauma to the head and penetrating injuries from debris are possible in a serious motor vehicle accident. Recovery from a car accident typically begins with an auto insurance claim against the at-fault driver, but the driver who caused your recent brain injury is unlikely to have enough insurance coverage to fully cover your immediate and future damages with insurance alone. Distracted driving, moving violations, and speeding are just a few of the most commonly cited causes of motor vehicle accidents in Desert Hot Springs each year.
- Drunk driving. Unfortunately, driving under the influence (DUI) of alcohol or drugs continues to be a problem, causing a large number of catastrophic and fatal accidents reported in the state each year. In addition, if a DUI driver inflicts a brain injury on another party, they are not only likely to face criminal charges for driving under the influence but will also face enhanced penalties in sentencing to reflect the severity of the consequences of their actions.
- Work accidents. Many people in Desert Hot Springs work in inherently dangerous industries like construction and manufacturing. If an employee suffers a brain injury at work, they are likely covered by their employer’s workers’ compensation insurance. A workers’ compensation claim can provide coverage for the injured workers’ medical expenses, and they will also likely receive ongoing disability benefits each week equal to about two-thirds of their average weekly pay. However, if a specific party caused the injury, especially if the party is not a member of the victim’s workplace, the victim can pursue further legal recourse and seek compensation for damages that workers’ compensation won’t cover.
- Interpersonal violence. California has one of the highest rates of violent crime in the country. When any intentional violence results in a brain injury, the victim can file a personal injury claim against the aggressor. Additionally, the party responsible for causing the injury will face criminal charges, and they could be charged with a felony if their actions resulted in great bodily harm.
Ultimately, to succeed with any personal injury claim, the victim or the victim’s representative must prove that the defendant’s negligence or illegal misconduct directly caused the injury in question. Therefore, when you choose English, Lloyd & Armenta to represent you in a Desert Hot Springs brain injury claim, we will guide you through the preliminary legal requirements of the case and help you gather the evidence needed to firmly prove the defendant’s liability for your damages.
Claiming Compensation for Your Brain Injury in Desert Hot Springs
Under California law, the defendant responsible for causing a personal injury to another party is liable for any and all resulting economic losses. The plaintiff can claim compensation for the immediate financial impact of their injury as well as projected long-term economic damages from the event in question. When you have proven that another party is responsible for causing your brain injury in Desert Hot Springs, you could potentially claim compensation for the following:
- Medical expenses. A brain injury is a medical emergency that demands immediate treatment. The defendant who caused the brain injury in question is liable for any and all medical care the victim requires following the injury, including hospital bills, ambulance fees, prescription medication costs, and any other immediate health care expenses.
- Long-term treatment costs. Many brain injuries demand extensive ongoing medical treatment. Under state law, the defendant responsible for a physical injury absorbs liability for any and all medical care the victim requires to reach maximum medical improvement from the injury. This includes ongoing rehabilitative care, future surgeries, and the cost of medical devices the victim will require in the future.
- Lost income. If the plaintiff’s injury prevents them from working for any length of time while they recover, the defendant is responsible for repaying the plaintiff for the income they were unable to earn during their recovery.
- Diminished earning power. Unfortunately, many people who suffer brain injuries are left permanently disabled by these incidents. If the victim of a brain injury cannot return to work in the future, the defendant is liable for the income they are unable to earn. A Desert Hot Springs brain injury attorney can help their client accurately calculate how much the victim would have reasonably expected to earn in the future had they not been injured.
- Property damage. If the defendant’s actions not only caused a brain injury to the victim but also damaged their home, vehicle, or other property, the victim can include these property damages in their personal injury claim.
Working with an experienced Desert Hot Springs brain injury attorney is strongly advised for anyone who intends to seek maximum compensation for their losses associated with a brain injury. When you choose English Lloyd & Armenta to represent your brain injury claim, we will carefully evaluate all evidence in play to accurately determine the full scope of the economic damages you can seek from the defendant. You might be surprised to discover that you can claim more compensation than you initially anticipated. However, your recovery does not end with your economic losses.
Comparative Fault in Personal Injury Claims
Anyone who intends to file any type of personal injury claim must understand the state’s negligence law and how it could apply to their case. California enforces the pure comparative negligence rule. So, when a plaintiff shares fault with a defendant for causing their claimed damages, they will be assigned a fault percentage to reflect this shared fault. This percentage is then deducted from their final case award. For example, if an investigation shows that a plaintiff bears 25% fault for causing their claimed damages, they would lose 25% of the total compensation won from their case.
It is common for defendants accused of causing personal injuries to attempt to shift blame for their actions to the plaintiffs they injure. This is an attempt to deflect financial liability for the victim’s damages. Whether you are pursuing a personal injury claim on your own behalf or on behalf of a family member, your Desert Hot Springs brain injury attorney will advise you as to how any shared fault you may hold could influence your recovery.
What to Expect From Your Desert Hot Springs Brain Injury Attorney
The purpose of any personal injury claim filed in Desert Hot Springs is for the victim of another party’s negligence or intentional misconduct to recover the compensation they need to be as “whole” as possible again. Therefore, any personal injury claim has the potential to escalate into an exceedingly complex legal battle between the parties involved, even if the fault for the injury in question seems perfectly clear at first. The plaintiff in a brain injury claim has the highest chance of maximizing their recovery with the help of an experienced legal team.
When you choose English Lloyd & Armenta to represent you in a Desert Hot Springs brain injury case, we will start by helping you gather the evidence and testimony necessary for proving the defendant’s liability for the injury in question. If necessary, we can consult expert witnesses like accident reconstruction experts, medical professionals, and others to clarify the most complex details of the case. Then, once we have sufficient evidence to firmly prove fault for your injury, we will move to secure the documentation necessary for establishing the full scope of your claimable damages.
Most personal injury cases are resolved through settlement. A private settlement negotiation process enables the parties involved to reach a mutually agreeable solution to their case while saving time and money that would otherwise be spent on protracted litigation. As long as both the plaintiff and the defendant are willing to compromise on the terms of their settlement, it is possible for both parties to expedite the resolution of the claim. However, if settlement is not an option for any reason, the case will proceed to trial.
Our team will aim to settle your brain injury case as swiftly as possible by effectively leveraging evidence and witness testimony for you. We have the experience necessary to handle the most challenging personal injury claims and have successfully represented many past clients in a wide range of catastrophic injury cases. If for any reason, settlement is not an option; we are fully equipped and prepared to take your case to court. Our firm will provide ongoing guidance and support so you can approach your case proceedings with peace of mind. English Lloyd & Armenta approaches every personal injury case we accept with the goal of securing maximum compensation for our client’s losses.
Q: Do I Really Need to Hire a Desert Hot Springs Brain Injury Attorney?
A: Do not make the mistake of assuming that even if liability for a recent brain injury is perfectly clear that you can handle your impending legal proceedings unassisted. Even the most straightforward personal injury cases can generate unexpected complications the average person will not know how to handle on their own, and this is especially true for complex injuries and subsequent catastrophic injury claims. Hiring legal counsel you can trust is an investment into the quality of your recovery and will allow you to approach your case with confidence.
Q: How Much Is a Brain Injury Claim Worth in California?
A: State law allows the plaintiff in a personal injury case to seek full repayment of all the financial losses they suffered because of the defendant’s actions. In a brain injury case, these are likely to be substantial, considering the scope of medical treatment most brain injuries will demand. Additionally, state law allows the plaintiff to seek compensation for the pain and suffering the defendant inflicted. Finally, brain injuries tend to cause permanent harm, so the plaintiff could be entitled to seek substantial compensation for their non-economic damages as well.
Q: How Long Do I Have to File a Personal Injury Claim in Desert Hot Springs?
A: State law enforces a two-year statute of limitations for personal injury claims. This means the plaintiff must submit their personal injury complaint to the court within two years of the date their injury occurred. Failure to do so could mean losing the ability to seek compensation from the defendant. Therefore, it is advisable to speak with an experienced Desert Hot Springs brain injury attorney as soon as possible after receiving initial medical care for the injury.
Q: What Happens if the Victim of a Brain Injury Dies?
A: Unfortunately, severe brain injuries have a high chance of resulting in death. If your loved one died from a fatal brain injury caused by another party, you could file a wrongful death claim in lieu of a personal injury claim on their behalf. This claim seeks compensation for the surviving family’s losses and damages incurred by the deceased’s estate. Depending on the manner in which the defendant caused the wrongful death, they could face criminal charges along with liability for the wrongful death claim.
Q: How Much Does It Cost to Hire a Desert Hot Springs Brain Injury Attorney?
A: The attorneys at English Lloyd & Armenta accept personal injury clients on a contingency fee basis. This means the client pays nothing for our legal services at the outset of their case, nor must they pay any ongoing fees during their proceedings. Our firm will take our contingency fee as a percentage of the client’s final case award, but only if we win. If we are unable to secure compensation on your behalf for any reason, you pay nothing, so there is no risk to you by hiring our team to represent you in a brain injury claim.
The attorneys at English Lloyd & Armenta have extensive professional experience with a wide range of catastrophic injury claims. We know the challenges a brain injury often presents to the victim and their loved ones and the many legal issues you could encounter as you seek accountability for a brain injury inflicted by another party. Whether you are pursuing compensation on your own behalf or on behalf of a loved one, we can help. Contact us right away and set up a free consultation with a Desert Hot Springs brain injury attorney to start working toward the compensation you rightfully deserve.
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