La Quinta Brain Injury Lawyer
The human brain is capable of amazing things and is responsible for managing all the conscious and unconscious processes and movements of the body. Unfortunately, the brain is also highly vulnerable to physical injury. When a traumatic brain injury occurs, the victim could potentially face a host of difficult effects, both immediate and long-term. One of the most troublesome aspects of brain injuries is how difficult they are to treat. Two people could sustain what appear to be identical brain injuries yet have vastly different recovery experiences.
Representing Victims of Brain Injuries in La Quinta, CA
If you or a loved one recently suffered a brain injury due to an accident at work or an incident resulting from another party’s negligence, it’s vital to know your legal options for holding them accountable. The attorneys at English Lloyd & Armenta have extensive professional experience representing injured workers in La Quinta, CA, and surrounding communities. We have also successfully guided many clients through complex personal injury claims.
A brain injury can easily be a life-changing experience, and you’re likely to have many legal questions if your brain injury happened at work or in an accident someone else caused. The right attorney can assist you with your recovery in many ways, from securing compensation for your medical expenses to ensuring you are fairly repaid if you cannot return to work due to your injury.
Why Do I Need a La Quinta Personal Injury Lawyer?
If you were injured at work and sustained brain damage, your injury likely required extensive immediate medical care, followed by ongoing rehabilitation. Additionally, the full effects of a brain injury may not be immediately apparent after initial recovery. Some symptoms may not manifest for weeks or months after the victim’s recovery, and some symptoms will vary in intensity over time at unpredictable intervals.
A workers’ compensation claim can potentially provide valuable economic relief if your brain injury occurred while working. However, you could have cause to file further legal action in the form of a personal injury claim if a specific party bears responsibility for causing your injury. When negligence or intentional misconduct results in a catastrophic injury, the victim has the right to seek full repayment of their economic damages under California law. Further, they may also seek compensation for their pain and suffering through a personal injury claim.
Working with an experienced La Quinta brain injury attorney is the best option for taking full advantage of all available channels of recovery from a brain injury. When you choose English Lloyd & Armenta to represent you in a complex brain injury case, our team will help you approach the workers’ compensation claim process more confidently. In addition, if you have grounds to pursue further legal recourse, we can also help you take advantage of these. Our firm understands how devastating a brain injury can be and the difficult legal questions victims often have after these experiences. Ultimately, you have the best chance of securing a favorable workers’ compensation claim settlement with an attorney’s help. In addition, a La Quinta brain injury lawyer will be an invaluable asset if you decide to pursue further legal action beyond workers’ compensation.
Common Causes of Brain Injuries in La Quinta, CA
Brain injuries can be incredibly debilitating and expensive to treat, and most victims face long-term problems due to these injuries. If you intend to file a workers’ compensation claim for your recent brain injury in La Quinta, you must be able to prove the injury happened at work or while you were working.
Location doesn’t matter as long as the victim was performing work-related duties when the injury happened. Some of the most commonly reported causes of work-related brain injuries in California include:
- Motor vehicle accidents. Many people must drive as part of their primary job responsibilities, and when they experience accidents while driving for work, they can sustain various damages. Workers’ compensation and auto insurance can provide valuable relief in these situations, but it’s crucial to work with an experienced La Quinta brain injury attorney to ensure you exhaust all such recovery options before exploring further legal action.
- Construction accidents. The construction industry is statistically one of the most serious injuries in the United States, accounting for a greater number of workplace injuries and deaths than most other industries year after year. Construction workers can suffer brain injuries from falls, falling objects, and other work-related hazards on construction sites.
- Interpersonal violence. If an individual suffers a traumatic brain injury due to a violent assault or other intentional act from another party, the party who caused the injury is likely to face criminal prosecution. If the victim sustains such an injury at work, they will still have the right to pursue a workers’ compensation claim.
- Equipment malfunctions. Many people rely on the use of various machines, tools, specialized vehicles, and safety gear to complete their job duties. If these products do not function correctly or contain defects, resulting brain injuries may constitute grounds for product liability claims against the products’ manufacturers.
As long as your recent brain injury occurred while you were performing your job duties, you have the right to file a workers’ compensation claim. This is because California requires virtually all employers to carry workers’ compensation insurance, and employers are required to classify their employees accurately, so all eligible employees have access to workers’ compensation insurance after injuries on the job.
Filing a Personal Injury Claim for a Brain Injury in La Quinta
The workers’ compensation system aims to help injured workers recover quickly from their job-related injuries while shielding employers from liability for those workers’ damages.
Potential Compensation for a La Quinta, CA, Brain Personal Injury Cases
When you have grounds to pursue a civil lawsuit in response to a brain injury someone else caused, it’s important to know the various damages you can claim in your personal injury action. Regardless of whether you qualify to file a workers’ compensation claim after a brain injury, if you have grounds to pursue a personal injury suit against the party who caused your brain injury, you can seek full repayment of all your economic losses. Workers’ compensation may cover medical treatment costs to an extent and a portion of your lost income, but a personal injury action enables you to seek compensation for any related outstanding losses workers’ compensation insurance can’t cover.
You also have the right to seek compensation for your physical pain and psychological distress resulting from another party’s negligence or misconduct. California state law does not limit the amount of pain and suffering a personal injury plaintiff can claim, with the sole exception of medical malpractice cases. Your La Quinta brain injury attorney can help you calculate a reasonable amount of pain and suffering compensation to include in your claim based on the severity of your brain injury. In addition, if you can claim workers’ compensation benefits, you can seek a more expansive recovery of future losses related to your injury than you could obtain through workers’ compensation insurance.
It’s important to remember California’s pure comparative negligence law if you intend to pursue any type of personal injury action in La Quinta. Under this law, the plaintiff in a personal injury suit may still seek compensation for damages they partially caused, but they lose a percentage of their case award to reflect their liability. For example, a workers’ compensation claim could be denied if the claimant directly caused their injury through egregious negligence, horseplay at work, or working while under the influence of drugs or alcohol. When comparative negligence comes into play in a personal injury case, the plaintiff’s recovery can be diminished significantly due to their fault percentage.
Ultimately, any brain injury is likely to generate complex legal proceedings, especially one that occurs in the workplace. If you or a loved one is struggling in the aftermath of a brain injury that another party caused, a La Quinta brain injury attorney is a valuable resource who can help you determine your best options for legal recourse. The attorneys at English Lloyd & Armenta have years of experience representing clients throughout the La Quinta, CA, area in complex work-related brain injury claims. We can leverage this experience on your behalf. Contact us today and schedule your consultation with an experienced La Quinta brain injury attorney.
We specialize in reviving and closing stalled workers’ comp cases on your behalf.
We work hard to get you the proper medical care and full benefits you deserve.
Wage & Hour
We stand strong and fight to maximize compensation for wage and hour violations.