According to the United States Centers for Disease Control and Prevention, motor vehicle accidents are a major cause of traumatic brain injuries (TBI’s) in the U.S. In fact, it is estimated that nearly 20% of TBI’s result from vehicle accidents. Traumatic brain injuries are usually classified as either closed head injuries or penetrating head injuries. In a closed head injury, something hits your brain but doesn’t penetrate your skull. In a penetrating head injury, an object breaks through your skull and penetrates your brain. A traumatic brain injury affects how the brain works, and may lead to short-term and long-term health problems and, in some cases, even death.

The minutes immediately following a car accident are often chaotic, but it’s important to take the following steps right away if you’ve been in one:

• If possible, move your vehicle out of the line of traffic and onto a shoulder or some other safe place
• Check yourself and your passengers to see if there are any serious injuries that must be dealt with immediately
• Contact local law enforcement to make an accident report
• Collect all relevant information about the drivers, drivers’ licenses, passenger names, car registrations, and license plate numbers
• Document the scene with your phone if possible, or draw a diagram to illustrate the situation at the time of the accident

It can be difficult to identify TBI symptoms. A mild concussion, where a person suffers headache, dizziness, and mild memory loss, is a sign of a TBI. A more serious traumatic brain injury may include confusion, seizures, or slurred speech. 

If you’re dealing with a TBI, it’s important to understand your legal options. Your first step should be to consult a knowledgeable San Luis Obispo attorney. You should do this promptly, as the California statute of limitations for filing a lawsuit in state court for personal injury is generally 2 years from the date of the incident.

If it is determined that the accident was not your fault, you will be entitled to the following damages:

• Economic damages – These include your medical costs, rehabilitation costs, past and future lost wages, and other out-of-pocket expenses that you have incurred as a result of the accident.
• Non-economic damages – These include damages that are more difficult to quantify, such as pain and suffering, emotional distress, and loss of consortium or companionship.
• Punitive damages – Punitive damages are available in California in certain cases, and your attorney will evaluate whether you should pursue punitive damages. 

Note that California follows the principle of comparative negligence, which acknowledges that many accidents are not black and white and that fault can be shared by all parties involved. In the case of shared fault, your compensation will be reduced by the percentage fault that is assigned to you by the judge, jury, or insurance adjuster. 

Contact The Law Offices of Earl E. Conaway, III

Here at The Law Offices of Earl E. Conaway, III, we have the experience and knowledge to help you get the compensation you deserve. Contact us today.