What happens between a Burbank brain injury and getting compensation?
A brain injury in Burbank changes life instantly, creating immediate medical needs and long-term challenges. The first step involves getting emergency medical care, often at a hospital like Providence Saint Joseph Medical Center right here in Burbank. After that immediate crisis, many people find themselves facing mounting medical bills, lost wages, and profound changes to their daily routines.
The legal process begins with investigating how the injury happened and identifying who was responsible. This often involves gathering evidence, talking to witnesses, and consulting with medical experts. Then, a formal claim is filed, seeking to recover the compensation available under California law for your medical care, lost income, and the pain and suffering you endure.
What injuries does this kind of legal claim cover?
A traumatic brain injury claim focuses on harm to the brain caused by an external force. This includes concussions, contusions, penetrating injuries, diffuse axonal injuries, and anoxic brain injuries, which result from a lack of oxygen to the brain. These injuries can arise from various incidents, including car crashes, falls, sports accidents, or violence.
The severity of a traumatic brain injury ranges from mild, where symptoms may resolve in weeks or months, to severe, resulting in permanent disability. Symptoms can include headaches, dizziness, memory problems, mood changes, and difficulty concentrating. In severe cases, a brain injury can lead to seizures, speech impairments, paralysis, or a vegetative state, all of which change a victim's life and require extensive medical care and support.
How long do you have to file a brain injury claim in Burbank?
Most personal injury claims in California, including those for traumatic brain injuries, must be filed within two years from the date of injury, according to California Code of Civil Procedure § 335.1. This deadline is often called the statute of limitations. However, if your injury involves a city, county, or other public agency in Burbank or Los Angeles County, a written claim must be presented to that entity within six months of the injury under California Government Code § 911.2.
For injured individuals who are minors, the deadline is generally paused under California Code of Civil Procedure § 352 until they turn 18. However, this pause does not apply to the six-month deadline for claims against public entities. If a claim involves a public entity, that six-month timeline still applies, even if the injured person is a child.
California law allows recovery for economic losses like medical expenses, lost wages, and future earning capacity. It also permits compensation for non-economic losses, including pain, suffering, emotional distress, and loss of enjoyment of life. The specific amount recovered depends on the unique facts of your case and the full extent of your injuries and their impact on your life.
What steps should you take after a Burbank brain injury?
Immediately after a brain injury, your actions are vital for your health and any future legal claim.
- Seek Medical Attention Promptly: Even if you feel fine, a brain injury might not show immediate symptoms. Go to an emergency room in Burbank or your nearest hospital for a full evaluation. This creates an official record of your injuries and ensures you get the care you need.
- Follow All Medical Advice: Adhere strictly to your doctors' instructions, attend all follow-up appointments, and complete any recommended therapies. Gaps in treatment or not following advice can harm your recovery and complicate your claim.
- Document Everything: Keep detailed records of your medical treatments, expenses, lost work time, and how your injury affects your daily life. Take photos or videos of the accident scene and your injuries, if possible.
- Avoid Discussing Your Case: Do not speak with insurance adjusters or sign any documents without first talking to a lawyer. Insurers often try to minimize payouts, and anything you say can be used against you.
- Consult with a Brain Injury Attorney: An attorney can help protect your rights, investigate your claim, and ensure you meet all necessary deadlines. This is particularly important for complex cases like traumatic brain injury claims.
Where do you file a brain injury lawsuit in Los Angeles County?
A personal injury lawsuit involving a brain injury in Burbank is filed with the Superior Court of California, County of Los Angeles. Under local rules, a personal injury case is filed in the judicial district where the incident occurred. Your case will be assigned to that district's Personal Injury Hub department.
For incidents that happen in Burbank, the appropriate courthouse is the Burbank Courthouse, located at 300 E Olive Ave, Burbank, CA 91502. This court handles cases for the North Central District of the Los Angeles court system.
What does Casa Legal Los Angeles do for brain injury victims?
When you have suffered a brain injury, our firm works to investigate how the incident happened and identify all parties responsible. This includes gathering medical records, accident reports, and witness statements. We also consult with medical and economic experts to fully understand the impact your brain injury will have on your life, both now and in the future.
Our focus is on securing the full compensation you deserve for your medical bills, lost income, pain, and other damages allowed by California law. We handle all negotiations with insurance companies, working to achieve a fair settlement. If a settlement cannot be reached, we are prepared to represent you in court. Our goal is to shoulder the legal burden so you can concentrate on your recovery. We represent clients throughout Los Angeles County, from Arcadia to Bell Gardens, and other communities like Burbank for catastrophic injuries.
Frequently Asked Questions
What is the difference between a concussion and a traumatic brain injury (TBI)?
A concussion is a type of traumatic brain injury (TBI) that results from a bump, blow, or jolt to the head, or a hit to the body that causes the head and brain to move rapidly back and forth. While all concussions are TBIs, not all TBIs are concussions; TBIs encompass a wider range of brain injuries, from mild concussions to severe, life-threatening damage to the brain.
Can I file a claim if my brain injury symptoms appeared days or weeks after the incident?
Yes, you can still file a claim even if your brain injury symptoms did not appear immediately. It is common for symptoms of a traumatic brain injury, such as headaches, dizziness, memory issues, or changes in mood, to manifest hours, days, or even weeks after an incident. The key is to seek medical attention as soon as you notice any symptoms and to clearly document the timeline of their appearance for your medical and legal records.
What if I was partly at fault for the incident that caused my brain injury?
If you were partly at fault for the incident that caused your brain injury in Burbank, California's pure comparative negligence rules still allow you to recover damages. Your compensation would be reduced by your percentage of fault. For example, if a court finds you 20% responsible for the incident, your total damages would be reduced by 20%. This rule means that even if you bear some responsibility, you are not entirely barred from seeking compensation.
How does a brain injury claim in Burbank differ from other personal injury cases?
A brain injury claim in Burbank often differs from other personal injury cases due to the complex nature of brain injuries. These cases typically require extensive medical documentation, testimony from neurological experts, and detailed evidence of long-term care needs, cognitive impairments, and lifestyle changes. The potential for long-term and often invisible disabilities means that these claims can be more challenging to quantify and often involve higher stakes for the injured individual and their family.
If you or a loved one has suffered a brain injury in Burbank, do not face the legal process alone. Call Casa Legal Los Angeles at 888-585-2529 for a consultation. No attorney's fees unless we win — and no case costs either.