San Diego Brain Injury Attorney

Fighting to Secure Fair Compensation for Head Injury Victims

Brain injuries are among the most catastrophic harm that can befall a person. Even seemingly minor concussions can cause major issues over the long term. Living with such an injury is incredibly difficult, but things become even more disheartening when such injuries are caused by the negligent actions of others. From reckless motorists causing car accidents to store owners who improperly stack merchandise that later falls, it’s important that these parties be held accountable. A San Diego traumatic brain injury (TBI) lawyer may be able to help in this process.

At Finn Trial Attorneys, our dedicated team of personal injury attorneys understands what you’re going through. Whether you yourself suffered serious injuries or are working on behalf of a loved one who was harmed or killed, having knowledgeable legal representation on your side is crucial. Severe brain injuries can have effects that last a lifetime — and even for individuals who are able to physically recover, the stress of facing growing medical bills at a time when they’re likely not working can be overwhelming. Fortunately, you don’t have to go through this alone.

When Do Traumatic Brain Injuries Qualify for Compensation?

Severe head injuries can have a lasting effect, but they won’t always qualify for financial recovery. A brain injury lawsuit requires that certain elements of liability be established. If the claimant and their attorney are unable to do this, even a serious personal injury could result in no compensation. Additionally, an insurance adjuster is unlikely to offer a fair settlement if they don’t believe these elements can be established during litigation. Even when litigation doesn’t occur, it all comes down to whether the following could be established in court:

Duty of care: In traumatic brain injury cases, it’s necessary to show that the at-fault party had a responsibility to avoid unsafe actions. For instance, motorists are expected to drive safely.
Violation of duty: A successful claim will also show that a duty of care was violated. Perhaps the at-fault party was speeding, thus increasing the risk of a car accident.
Damages: It’s also necessary to show that damages occurred. This requirement is typical for serious traumatic brain injuries — as damages can include physical harm, emotional distress, medical expenses, and more.
Correlation: Every successful brain injury case will show a direct causative relationship between the defendant’s actions and the damages suffered by the victim.

In brain injury claims where these elements are established, it’s likely that a victim will be able to recover compensation. However, always keep in mind that insurance companies are more focused on profit than compensating injury victims. Even a mild TBI can result in lasting difficulties, and those with serious brain damage may never be the same again. Because of this reality, it’s critical to have an experienced legal professional on your side to take on negligent parties and their insurers. At Finn Trial Attorneys, we’re here to help.

Contact our law firm today to discuss your case with a dedicated San Diego TBI attorney.

How Is Liability Established in Traumatic Brain Injury Cases?

Understanding the elements of liability is critical for securing fair compensation. However, it’s also important to recognize what evidence is necessary to establish these elements. At Finn Trial Attorneys, our law firm handles some of the most complex brain injury cases in the state. We’ve handled claims where victims faced temporary difficulties, but we’ve also had clients who suffered permanent brain damage with life-long repercussions. In all these cases, the same pieces of evidence are critical for establishing liability.

These are just a few of the evidentiary items we use to help our clients recover compensation:

Medical records
Medical expenses
Diagnostic imaging
Police reports
Workplace incident reports
Eyewitness testimony
Surveillance footage
Financial and employment records
Evidence of pain and suffering (e.g., psychological assessments)

It’s an unfortunate reality, but damage to brain tissue, the skull, brain cells, and any other part of the human head and brain can lead to lasting effects. However, this typically means that there’s an abundance of evidence to establish liability in these cases. The important thing to remember after suffering harm is to seek medical attention immediately, and then reach out to an experienced San Diego brain injury lawyer who can help. At Finn Trial Attorneys, we aggressively advocate for every one of our clients. Contact us today for a free case evaluation.

What Types of Brain Injuries Qualify for Compensation?

Traumatic brain injuries fall into a variety of categories. There are acquired brain injuries that occur after birth and are unrelated to birth trauma, genetics, or degenerative disease. Then there are congenital/genetic brain injuries — which stem from birth defects, biological issues, and similar conditions. We can even break down physical brain injuries into closed and open (penetrating) categories, with the latter being caused when an object breaches the skull. Most brain injuries fall into several categories, so the science behind this issue is quite complicated.

In reality, it’s easier to consider the primary causes of severe injury to the brain. These include:

Motor vehicle accidents
Sports-related injuries
Medical malpractice
Slip and fall accidents
Assaults and violence
Workplace accidents
Explosions and blasts
Recreational and adventure activities
Oxygen deprivation (e.g., drowning)

These incidents can change a person’s life forever. Any serious brain injury can lead to complications so severe that a person can never return to their normal life. Unfortunately, even those who are able to take back some sense of normalcy will always have issues dealing with brain injury symptoms. Our legal team cannot take back what has already happened. However, we can help you fight for the financial compensation that you deserve. Whether a loved one suffered an injury during birth or an accident resulted in you suffering an acquired brain injury, we’re here to help.

Contact our San Diego brain injury lawyers today.

What Compensation Might You Qualify For?

Brain injuries caused by another party’s negligence often make the victim eligible for financial compensation. In most cases, these claims are resolved by insurance settlement negotiations. When an insurance company realizes its policyholder is liable for a brain injury accident, they’re more likely to offer a settlement. However, this doesn’t mean their offer will be fair or take all your losses into account. If this is the case, then a personal injury lawsuit may be necessary. San Diego brain injury attorneys can assist through this process, and they may be able to secure the following damages on your behalf:

Economic damages: Medical treatment costs, property damage, therapy costs, lost wages, future medical expenses, and other financial losses fall into this category of damages.
Non-economic damages: Pain and suffering (both emotional and physical pain), loss of enjoyment in life, emotional distress, and other non-financial losses fall into this category.
Punitive damages: The legal process also sometimes allows for additional damages to punish the defendant. These may be granted if negligent acts were egregious.

Remember that not every brain injury claim will qualify for all these damages. Economic damages are the most likely compensation to be provided, but non-economic damages are far from uncommon. However, punitive damages are relatively rare and require a high threshold of proof. It’s important to speak with your San Diego brain injury lawyer to better understand your options and whether you might qualify for additional compensation.

Contact Finn Trial Attorneys today for a free consultation. We can help you understand what you’re up against.

Contact a San Diego Traumatic Brain Injury Attorney Today

Traumatic brain injury statistics paint a troubling picture of what accident victims face in the aftermath of being harmed. Even those who manage to recover physically face extensive medical expenses, time off from work, and an inability to go about their daily lives. Unfortunately, not all head injuries will be easy to come back from. Some individuals who suffer traumatic brain injuries will deal with difficulties for the rest of their lives — and still others will face complete mental incapacity. If you or a loved one are facing such a reality, you may be able to recover compensation.

At Finn Trial Attorneys, our primary goal is to ensure our clients get every penny they deserve. In some instances, we may be able to work out a brain injury settlement with the negligent party or their insurance company. When this isn’t possible, our trial attorneys are ready to aggressively represent you during litigation. Negligent parties who cause others head trauma due to reckless actions should be held accountable, and our law firm is here to help you do just that. Contact us at 1-800-400-FINN for your free consultation. Our San Diego traumatic brain injury lawyers are on standby and ready to assist.