Personal Injury Settlements and Cases Won in California.
Learn your next steps here and get the maximum compensation with our step-by-step walkthrough
A good personal injury attorney understands the mechanics underlying the pain you have suffered and can explain to the insurance companies that your injuries are permanent.
We understand how life-changing these injuries are. RMD Law – Personal Injury Lawyers experienced personal injury attorneys in California can manage and guide your case while you heal.
Even though insurance company tactics can make settling a spinal cord or brain trauma claim difficult, we have successfully recovered millions of dollars for our clients.
San Diego, known for its vibrant culture and coastal charm, is a desirable place to call home. However, brain injuries stemming from accidents, negligence, or wrongful actions can still occur, creating significant emotional and financial challenges for those affected. Whether resulting from a car crash, workplace incident, or medical error, these injuries can have long-term effects on both individuals and their loved ones.
Brain injury cases in San Diego can be complex, often demanding extensive medical treatment, rehabilitation programs, and continuous care. Individuals impacted may be entitled to pursue compensation for hospital expenses, lost earnings, and emotional suffering. Consulting with an experienced brain injury attorney in San Diego is crucial to understanding your legal options and ensuring you obtain the financial support needed for recovery.
This guide provides an overview of the types of brain injury claims, available compensation possibilities, and key steps to follow when pursuing legal action. Being well-informed about your rights can help you protect your future and maintain your overall well-being.
Traumatic brain injuries (TBIs) are a significant public health issue, impacting individuals across San Diego. While data specific to the county may be limited, broader statewide trends highlight the importance of awareness and prevention.
Brain injuries can arise from various incidents, many of which are preventable. Frequent causes include:
Collisions involving cars, motorcycles, bicycles, or pedestrians are a primary cause of head trauma. Even minor crashes can result in concussions, while severe accidents may lead to traumatic brain injuries (TBIs) with lasting consequences. Wearing seat belts, using helmets, and following traffic laws can greatly reduce the risk. Staying vigilant and avoiding distractions like texting while driving is also essential for safety on San Diego roads.
Falls are a common source of traumatic brain injuries, especially among older adults and young children. Uneven sidewalks, wet floors, and poorly lit staircases are common dangers. Installing handrails, using non-slip mats, and keeping pathways clear can reduce these risks. Seniors may also benefit from supportive footwear and mobility aids.
Contact sports such as football, soccer, and boxing can cause concussions and other head injuries. Without proper protective gear, athletes face increased risks. Coaches, parents, and players should prioritize safety equipment like helmets, padding, and mouthguards. Educating athletes about safe techniques and concussion symptoms is key to injury preventioness are also crucial in reducing risks.
Construction sites, factories, and other high-risk environments increase the chances of head injuries. Falling objects, equipment malfunctions, and hazardous conditions are common risks. Employers should enforce safety protocols, provide protective equipment like hard hats, and conduct regular training to improve workplace safety. Employees should promptly report unsafe conditions to help prevent accidents.
Physical assaults that involve blows to the head can lead to serious brain injuries. These incidents may involve fists, weapons, or other objects. Seeking immediate medical attention after an attack is crucial to assess potential brain trauma. Victims may also require emotional support or legal assistance.
Brain injuries can vary in type and severity, including:
A mild traumatic brain injury often resulting from a sudden impact or jolt to the head. While typically less severe, repeated concussions can cause persistent cognitive and emotional challenges.
A bruise on the brain that may require surgery. Contusions are usually caused by direct blows and can result in swelling or internal bleeding.
Occurs when an object pierces the skull and damages brain tissue. These serious injuries often require immediate surgical intervention.
This widespread brain damage results from strong rotational forces or violent shaking, often seen in high-speed collisions. Such injuries may lead to comas or long-term impairments.
This occurs when the brain is deprived of oxygen, often due to drowning, cardiac arrest, or suffocation. Prolonged oxygen deprivation can cause lasting damage or even death.
Recognizing the signs of a brain injury is crucial for getting timely medical care. Symptoms can vary depending on the type and severity of the injury, and they may appear immediately or develop gradually over time. Being aware of these symptoms can help prevent further complications.
Headaches are common, and persistent or worsening headaches may signal a brain injury, especially if they don’t respond to typical pain relievers. Dizziness, feeling lightheaded, unsteady, or experiencing vertigo is also common after a head injury. Nausea and vomiting, particularly when persistent, can indicate a concussion or more severe trauma. Fatigue or drowsiness may follow a brain injury, sometimes lasting for days or weeks. In more serious injuries, individuals may experience seizures, severe coordination problems, or loss of consciousness, all requiring immediate medical attention.
Memory problems, such as difficulty remembering recent events or retaining new information, are common. Confusion and disorientation may cause individuals to struggle to follow conversations, lose track of time, or feel mentally “foggy.” Difficulty concentrating on everyday tasks like reading or working may become challenging. These cognitive issues can affect decision-making, learning, and overall productivity.
Mood swings, including sudden outbursts, irritability, or frequent mood changes, may develop. Anxiety may arise, with feelings of worry, panic attacks, or persistent nervousness becoming common. Depression, marked by persistent sadness, hopelessness, or withdrawal from usual activities, may indicate emotional changes linked to brain trauma. Some individuals may exhibit impulsiveness or personality changes, which can affect relationships and daily life.
Blurred vision, difficulty focusing, double vision, or visual disturbances may occur. Ringing in the ears (tinnitus), with persistent buzzing or ringing sounds, is common after head trauma. Sensitivity to light or sound may develop, making bright lights and loud noises overwhelming or painful. Loss of taste or smell may also occur, with some individuals experiencing a reduced or altered sense of taste or smell, which can affect appetite and overall enjoyment of food.
Recognizing these symptoms early and seeking medical evaluation can help ensure appropriate treatment and improve recovery outcomes. If you or someone you know shows signs of a brain injury, consult a healthcare professional promptly.
Brain injuries can have enduring effects on different aspects of life. Depending on severity, individuals may face ongoing challenges that require continuous care and support.
Memory issues, difficulty concentrating, and problem-solving challenges can limit independence and affect day-to-day tasks.
Individuals may experience anxiety, depression, and mood instability. Sudden emotional outbursts, irritability, or feelings of hopelessness can strain relationships and mental well-being.
Physical effects may include mobility limitations, chronic pain, or seizures. Some individuals may require mobility aids, while others may struggle with muscle weakness or coordination issues.
Brain injuries can disrupt careers, personal relationships, and financial stability. Some individuals may face difficulty maintaining employment due to cognitive or physical limitations. Social isolation and difficulty connecting with others can further impact recovery.
Treatment may include emergency care, surgery, rehabilitation, and medications to manage symptoms and promote recovery.
Prompt medical attention is vital to stabilize patients and minimize damage. This may involve oxygen administration, bleeding control, or urgent surgery.
Severe injuries that involve swelling, bleeding, or skull fractures may require surgical procedures. These may include clot removal, skull repair, or pressure relief.
Physical, occupational, and speech therapy are crucial for recovery. These treatments aid individuals in regaining mobility, communication skills, and cognitive function.
Doctors may prescribe medications to manage pain, seizures, or mood changes. Some drugs can also prevent complications like infections or blood clots.
If you or someone you know suffers a brain injury, follow these steps:
Prompt evaluation can prevent complications. Even minor head injuries should be examined by a healthcare provider.
Record details, take photos, and gather witness statements. This documentation may be helpful if legal action is needed.
Adhering to prescribed treatments and attending follow-up visits is vital for recovery.
Legal advice can help you seek compensation for medical expenses and related damages. An attorney can explain your rights and guide you through the process.
In San Diego, the statute of limitations for personal injury cases, including brain injuries, is typically two years from the date of the injury. Missing this deadline can jeopardize your ability to seek compensation. Exceptions may apply in cases involving minors or injuries with delayed symptoms, potentially extending the filing period. Consulting a local attorney can help ensure you meet all deadlines, especially in complex situations.
Consider seeking legal representation if:
An attorney can help determine responsibility, particularly in complex incidents involving multiple vehicles, unsafe premises, or defective products. Legal support is vital when blame is contested. For example, if a multi-car crash occurs or if a property owner’s negligence plays a role, a lawyer can gather evidence to clarify liability.
If your brain injury requires hospitalization, surgery, or long-term rehabilitation, a lawyer can help you recover compensation for current and future costs. This is crucial when continued therapy or specialized treatments are necessary.
Insurance adjusters may attempt to reduce or reject your claim. An attorney can advocate for you to secure the compensation you deserve, ensuring you aren’t pressured into accepting an inadequate settlement.
Brain injuries often cause cognitive issues, emotional shifts, and social challenges. A lawyer can present evidence of these difficulties to help you obtain fair compensation for their long-term impact.
An experienced attorney can:
By using accident reconstruction, witness statements, and expert analysis, a lawyer can determine the cause of your injury. This process may uncover critical details such as vehicle speeds, environmental hazards, or third-party negligence.
A lawyer will collect medical records, expert assessments, and receipts for injury-related expenses. Comprehensive documentation strengthens your case by demonstrating the extent of your injuries and their financial impact.
Insurance companies may offer less than you deserve, but a skilled lawyer can challenge low offers. They will ensure your medical costs, lost wages, and future care are fully considered in any settlement.
If a fair settlement isn’t reached through negotiation, your lawyer can take your case to trial. With experience in presenting evidence and questioning witnesses, they’ll work to achieve the best outcome for you.
Establishing liability is crucial when pursuing compensation. Responsible parties may include:
Negligent, impaired, or reckless drivers may be responsible for accidents. This can include distracted driving, speeding, or driving under the influence.
Responsible for unsafe conditions that cause injuries. Examples include poor lighting, unmarked hazards, or broken stair railings that lead to falls.
Liable for workplace injuries caused by unsafe conditions or inadequate training. This is particularly important in industries with heightened injury risks such as construction or manufacturing.
Accountable for defective products that cause harm. Faulty car parts, unsafe tools, or malfunctioning equipment can contribute to serious injuries.
Liable for errors in diagnosis, improper treatment, or medical negligence. Misdiagnosed brain injuries or delayed care can worsen a victim’s condition.
Establishing a brain injury claim requires solid evidence. Key forms include:
Detailed records of diagnoses, treatments, and recovery progress. Hospital reports, doctor’s notes, and medication logs are critical.
CT scans, MRIs, and X-rays that reveal brain damage. These images can demonstrate swelling, bleeding, or other injuries.
Statements from individuals who witnessed the incident or observed behavioral changes. Family, friends, or coworkers can describe symptoms such as memory loss or mood swings.
Medical experts can explain the long-term effects of your injury. Neurologists, neuropsychologists, or rehabilitation specialists can provide valuable insights.
Victims may receive compensation for:
Covers emergency care, surgeries, medications, and ongoing therapies. This may include costs for neurologists, speech therapists, or specialized treatments.
Compensation for lost income and reduced future earning capacity. If your injury prevents you from returning to your career, this helps bridge the financial gap.
Compensation for physical discomfort, emotional distress, and diminished quality of life. This may include anxiety, depression, or the inability to enjoy activities you once loved.
Financial support for continuous care, specialized therapies, or home modifications. This can include wheelchair ramps, adapted bathrooms, or nursing assistance.
Reimbursement for property damaged during the incident. This is especially important in cases involving vehicle collisions.
To strengthen your claim:
Maintain records of medical treatments, receipts, and expenses. Tracking your symptoms and recovery progress is also helpful.
Insurance adjusters may use your statements against you. Consulting your lawyer before speaking with them can protect your case.
An experienced attorney can manage insurance communications and push for maximum compensation. Legal support ensures your rights are protected throughout the claims process.
Several factors can influence your claim’s value:
More serious injuries typically result in larger settlements. Conditions that cause long-term issues like memory loss or impaired mobility may increase the payout.
Detailed records of hospital visits, medications, and therapies are crucial. Tracking all expenses strengthens your claim’s value.
Compensation may include past wages and future earnings. This is particularly important if your injury prevents you from working in your field.
Compensation may account for anxiety, depression, and other mental health challenges. Emotional struggles like PTSD or mood swings may increase your claim’s value.
The length of your case can vary due to:
Severe injuries or unclear liability may require extensive investigations. Building a strong case with expert testimonies may take longer.
Doctors may need time to fully assess your recovery needs. This process may extend your case timeline.
Settlements may be faster, but trials can extend over a year. An attorney can advise you on the most strategic path.
The standard deadline for filing a brain injury claim in San Diego is two years from the date of injury. Exceptions may apply for:
Most brain injury attorneys in San Diego work on a contingency fee basis, meaning you pay no upfront costs. The lawyer receives a percentage of your final settlement or award, typically between 30% and 40%.
Receiving specialized medical attention is crucial for effective brain injury treatment. San Diego offers a variety of healthcare professionals dedicated to brain injury care, including:
San Diego is home to numerous rehabilitation centers that provide vital therapies to support brain injury recovery:
Support groups in San Diego offer valuable guidance and encouragement for brain injury survivors and their loved ones:
Contact RMD Law for a free consultation with an experienced San Diego brain injury attorney. We’re here to discuss your case and legal options. Call us at (619) 326-5000, fax us at (619) 326-7000, or visit our Contact Us page to schedule an appointment. We’re committed to supporting you through this challenging time.
San Diego is a vibrant city known for its beautiful beaches, outdoor adventures, and rich cultural scene. Whether you’re a nature enthusiast, history buff, or foodie, San Diego has plenty to offer. Here’s how to make the most of your visit:
Whether you’re soaking up the sun, exploring cultural gems, or indulging in delicious eats, San Diego is full of unforgettable experiences waiting to be discovered. Pack your bags and get ready for an amazing adventure!
At RMD Law, we believe that reputation is everything. When clients trust us with their cases, we do everything in our power to help guide them. That means personal service and sharp advocacy. We care about the details of your case because that is how we can get you the best settlement.
San Diego follows California’s comparative negligence law, which allows you to seek compensation even if you were partly responsible for your injury. However, your settlement may be adjusted based on your share of the fault.
Here’s why our clients rely on our legal team to handle their wrongful death claims:
Navigating such legal processes might be daunting, but understanding the basics is the first step to obtaining compensation for your sudden loss. Fortunately for you, we’re here to help you out. We’ll guide you through the types of wrongful death claims and how to file them to help you be better prepared for the road ahead.
Navigating the intricacies of the California wrongful death law can be confusing without expert help. Read our blog to learn how to file a claim.
This infographic aims to make the road safer for everyone by highlighting the human elements behind road traffic accidents.
Over $200,000,000 total recent personal injury wins for our clients. Our dedicated personal injury lawyers are eager to fight for you.
RMD Law found an insurance code violation by the defense insurance company in a dog bite injury case. With smart lawyering, we used the violation to argue that the $100,000 policy limits no longer applied.
The insurance company wrongfully refused to pay our client the $100k policy limit in a rollover auto accident. RMD Law refused to take no for an answer, and filed a lawsuit alleging bad faith, ultimately winning millions for our deserving client.
Confidential bad faith settlement – a negligent driver t-boned our client at a red light resulting in severe spinal injuries. The defendant’s insurance company unreasonably refused to pay the $100K policy limit. RMD Law filed a lawsuit seeking the true value of the case. Policy was opened, and the client settled for an amount vastly higher than the original limits.
We care about your recovery. We stake our reputation on it.
Aria is a member of the prestigious Multi-Million Dollar Advocates Forum®. He speaks English, Farsi, and Spanish.
Nicole has settled hundreds of personal injuries claims, known for her professional, honest, and caring approach.
John is a former defense lawyer turned award-winning personal injury lawyer. He speaks English and Farsi.
Associate Attorney Yen Quach started work at RMD Law in 2017 as a paralegal. Injured clients seeking justice from insurance companies can do no better than Yen.
Ryan is a caring and experienced litigator. He defended scores of depositions and understands what it takes to move a case in California.
Ariana Martin is one of RMD Law’s skilled personal injury lawyers. She brings a lot of legal experience to the table, having worked previously in the field of insurance defense.
RMD Law is a California Personal Injury law firm. We help victims who have been injured in accidents due to someone else’s negligence. RMD Law offers free no-obligation case evaluations for our clients.
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