Newport Beach Traumatic Brain Injury Lawyer
Experienced Brain Injury Attorneys Since 1984
Brain injuries are generally identified as either Acquired Brain Injuries or Traumatic Brain Injuries. Common causes of brain injuries include assaults, automobile accidents, gunshot wounds, medical malpractice and sports-related accidents. If you or a loved one sustained any type of brain injury, please consult a seasoned Newport Beach traumatic brain injury lawyer at Russell & Lazarus, as soon as reasonably possible.
Brain injuries range from mild, which may include headaches, insomnia and other symptoms, to severe, including comas and vegetative states.
Time may be of the essence as California requires injured parties to bring lawsuits within the statute of limitations. Our Newport Beach traumatic brain injury attorneys will file your suit in a timely manner to preserve your right to seek compensation.
Bringing a Lawsuit: Causes of Action
Brain injuries are a unique and complex type of personal injury, requiring the highest degree of legal knowledge. The following provides an overview of some of the legal theories generally triggered by brain injury lawsuits.
Negligence is the leading cause of action, or legal claim, alleged in personal injury lawsuits. In order to prevail on a Negligence cause of action, a plaintiff (the suing party) must prove the following:
- The defendant has a duty or legal obligation to the plaintiff;
- Defendant failed to act according to his legal obligation, i.e. breached that duty; and
- The defendant’s actions, or inaction, resulted in, or caused, the plaintiff to suffer injury, also called “damages.”
Proving each of these elements will depend on the individual facts and circumstances of every case. For example, if the physician’s incompetence resulted in injury, the law imposes on a physician’s duty to administer treatment in a safely and competently. If the physician’s conduct falls below that standard, he has breached his duty. When the patient suffers a brain injury that would not have occurred otherwise, then his conduct is the legal cause of the patient’s injury.
Other causes of action are often associated with personal injuries, specifically Negligent Infliction of Emotional Distress (NIED). Proof of negligence and emotional distress may trigger an NIED claim.
Derivative and Third-Party Claims
Under specific circumstances, the law allows parties to bring suit based on the injury to another party. This includes a spouse’s claim for loss of consortium arising from an injury to the other spouse. For example, if your spouse sustained brain injuries that render him/her unable to provide marital benefits, the non-injured spouse may bring an independent, lawsuit against the responsible party.
A third party may also be entitled to bring an NIED suit. If you suffer severe emotional distress as a result of witnessing the injury, you may recover compensation. An example of a third-party NIED claim would be when a spouse witnesses a surgery that results in the brain injury, and the witnessing spouse suffers severe insomnia, anxiety, or other symptoms as a result.
Battery differs from Negligence in that Battery is the result of an intentional act. To prevail on a battery claim, the plaintiff must prove that the defendant intended to use force that would result in harmful contact. For example, if the defendant deliberately struck plaintiff on the head with a potentially dangerous object and plaintiff sustains brain injuries as a result, then the defendant is liable for Battery.
Battery is also distinct from Negligence because Battery permits a plaintiff to seek punitive damages. Punitive damages, therefore, increase the amount of compensation.
Retaining a Newport Beach Traumatic Brain Injury Lawyer
If you or a loved one sustained any brain injury, you may recover compensation. This includes present and future medical expenses, loss of income, and possibly punitive damages. Brain injuries may be severely debilitating, expensive, painful, and emotionally distressing. You and your family should focus on your injured loved one and support him/her in treatment and healing. Please allow a Newport Beach traumatic brain injury lawyer to provide legal representation.
Our team of legal professionals has been serving Southern California with superior advocacy since 1984. We provide every client with the highest level of attention and representation. Please contact Russell & Lazarus at (949) 851-0222 for a consultation.