How to Pursue Compensation for Traumatic Brain Injury After a Slip and Fall
A brain injury is perhaps the worst possible consequence of a slip and fall in California. Also known as a “Traumatic Brain Injury” (TBI), this can be detrimental to both your physical and psychological well-being. After the initial pain fades, you may struggle with depression, memory loss, personality changes, cognitive decline, and much more. Perhaps even worse, brain injuries can become worse with time – and research shows that brain damage can contribute to dementia. While these consequences may seem discouraging, they highlight the need to pursue adequate compensation. Even if your brain injury seems relatively minor today, it could degrade over time. It makes sense to pursue the most compensation possible, and you can do this by taking a few easy steps:
Seek Effective Medical Treatment
The first step after suffering a brain injury in a slip-and-fall is to seek medical attention. In the immediate aftermath of your slip and fall, consider limiting your movements until first responders arrive. Do not be afraid to lie on the ground and keep your neck stabilized while bystanders call 9-1-1. The true extent of your injuries may not be clear right away, and things could be much worse than you realize.
After first responders arrive, follow their instructions and allow them to transport you to the nearest hospital. From there, be sure to inform the hospital staff that you have likely suffered a traumatic brain injury. You may struggle with some form of memory loss at this point. This can be both distressing and confusing. Do your best to remain calm and follow the recommendations of your doctors and nurses. At some point, doctors may send you to get a CT Scan. This type of medical imaging technology can detect serious concerns, such as brain swelling and bleeding.
The last thing you want to do in this situation is to dismiss the seriousness of your injuries. It is best to play it safe, and you could be suffering from a brain bleed without even realizing it. Furthermore, your medical records will be crucial as you pursue compensation. If you fail to get medical attention, those who caused your slip and fall could potentially claim that the accident never happened. Medical records not only prove the existence of your injuries, but they also share important details. For example, a CT scan can show the extent of your brain injuries, including any internal bruising, clotting, and so on.
Document Everything
As you recover from your injuries, it is generally a good idea to document as much as possible. Consider taking photographs of the spill area on your phone. When you arrive at the hospital, continue using your phone to take pictures as you progress through various stages of treatment. You can also record film or audio diary journals that highlight your experiences in more detail. A brain injury can be a highly emotional and traumatic experience, and it might be worth expressing these emotions in your journals. These video or audio diary entries may represent admissible evidence in court.
Your medical records also represent important evidence, so try to keep hold of anything you think might be useful. This might include receipts, copies of doctors’ notes, medication prescriptions, and so on. In addition, consider collecting any statements that prove your income over the past few years. These might include income statements, tax returns, pay stubs, and so on. You may need to use these documents when pursuing compensation for missed wages.
Consider Your Damages
At this stage, you can start to assess your damages. Brain injuries can lead to both economic and non-economic damages. Non-economic damages include various psychological and emotional issues. A common example is depression, although TBI victims may also struggle with personality changes, anxiety, memory loss, and a range of other problems. People often refer to non-economic damages with the catch-all phrase “pain and suffering.”
Economic damages involve monetary losses. Examples include missed wages and medical expenses. Brain injuries may prevent you from ever working again, and they can lead to serious cognitive decline. They may also lead to physical motor control issues, making you unable to perform tasks that were once easy. Medical expenses for brain injuries can be quite high, and they can continue throughout your entire life. For example, you might have to go through rehabilitation for years after your brain injury, and you may never fully recover.
Determine Who Was at Fault
At some point, you will need to determine who was at fault for your slip and fall. You will likely have to file a premise liability lawsuit against the property owner who caused your fall. This might be a grocery store chain that allowed a spill to sit in an aisle or a gas station that allowed you to slip on a puddle of motor oil. You might also sue property owners for building code violations, cracked pathways, fallen debris, and so on. Your slip and fall lawyer can help you determine who might be at fault for your injuries.
Gather Evidence
Finally, you and your California slip and fall attorney will begin to collect evidence of negligence. This might include surveillance footage, written store policies, witness testimony, photographs, and much more. At this point, you can shift your focus back to the recovery process and let your slip and fall lawyer handle complex legal tasks. Your slip and fall attorney may also begin negotiating for a settlement on your behalf at this stage, and they may update you on any progress that they make.
Contact a Slip and Fall Lawyer in San Bernardino County
If you have been searching for an experienced slip-and-fall lawyer in San Bernardino County, look no further than Milligan, Beswick, Levine & Knox, LLP. Over the years, we have helped numerous plaintiffs throughout California – including those struggling with brain injuries. We know how life-altering these accidents can be, and we can guide you toward compensation that fully covers your various long-term damages. Call us at 909-894-0812 or book a consultation today to begin the legal process.
Stephen Levine, is a Board Certified Specialist in Criminal Defense — an honor achieved by only the top criminal law attorneys in California. Mr. Levine has over 40 years of experience in criminal defense and family law serving Southern California, and is a highly regarded Super Lawyer as well as AV Rated attorney.