Suffering a traumatic brain injury is life-altering. From physical pain to emotional distress and financial uncertainty, the road ahead can feel overwhelming. You may be wondering what steps to take next, how to hold the responsible party accountable, and what compensation you may be entitled to. At Peerali Law, we understand the challenges you’re facing, and we’re here to guide you every step of the way.
Understanding the elements of a brain damage claim is crucial in seeking justice and securing the compensation you deserve. Proving a claim requires establishing key factors such as duty of care, negligence, causation, and damages.
Our team is dedicated to making this process as smooth and stress-free as possible, ensuring you receive the support, advocacy, and legal expertise necessary to confidently move forward. When you choose Peerali Law, you’re not just another case—you’re family.
What Are the Elements of a Brain Injury Claim?
When pursuing a brain injury claim, it’s essential to establish certain key elements to build a strong case. These elements include:
- Duty of care—demonstrating that the defendant had a legal obligation to act in a manner that would prevent harm to others;
- Breach of duty—showing that the defendant failed to fulfill their duty of care through negligent actions or omissions;
- Causation—proving that the defendant’s breach of duty directly caused your brain injury; and
- Damages—providing evidence of the losses you’ve suffered due to the injury, such as medical expenses, lost wages, and pain and suffering.
Each of these elements plays a crucial role in building a successful claim. Let’s take a closer look at what each one means in a real-world scenario.
Duty of Care: Who Is Responsible?
The duty of care means that a person or entity had a legal obligation to act in a way that would not cause harm to others. In cases of brain injuries, this could apply to parties, such as:
- Drivers. A driver has a duty to operate their vehicle safely and follow traffic laws to prevent accidents.
- Property owners. Property owners must maintain a safe environment for visitors, ensuring there are no hazardous conditions that could lead to a head injury.
- Employers. In workplace settings, employers must provide a safe working environment and the necessary protective equipment.
- Medical professionals. Doctors and healthcare providers have a duty to provide adequate care and avoid mistakes that could result in brain damage.
When any of these parties fail to uphold their duty of care, serious injuries can occur. Establishing who was responsible for your brain injury is a critical first step in pursuing a claim. Our Peerali Law team will thoroughly investigate your case to determine liability.
Breach of Duty: How Negligence Plays a Role
A breach of duty occurs when someone fails to uphold their duty of care. Breach can happen in many ways, such as:
- A driver texting while driving and causing an accident;
- A property owner failing to fix a broken handrail, leading to a fall;
- An employer neglecting safety measures, resulting in a workplace accident; or
- A doctor making a surgical error or failing to diagnose a condition that leads to brain damage
Proving a breach of duty is one of the critical elements of a brain damage claim. Our legal team at Peerali Law knows how to investigate and gather the necessary evidence to support your claim.
Causation: Linking Negligence to the Injury
Causation is one of the most important elements of a brain damage claim. It requires demonstrating that the defendant’s breach of duty directly caused your brain injury. This can involve evidence such as:
- Medical records linking your injury to the accident,
- Expert testimony explaining how the negligence resulted in brain damage, and
- Surveillance footage or eyewitness statements supporting your case
At Peerali Law, we work closely with medical professionals and accident reconstruction specialists to prove causation and establish a clear connection between negligence and your injuries.
Damages: What Compensation Can You Claim?
Damages refer to the losses you’ve suffered due to your brain injury. These may include:
- Medical expenses. Past and future medical bills, rehabilitation costs, and assistive devices.
- Lost wages. Compensation for income lost due to your inability to work.
- Pain and suffering. Compensation for emotional distress, trauma, and reduced quality of life.
- Loss of consortium. Damages claimed by a spouse for the loss of companionship and support.
- Long-term care costs. If the injury results in permanent disability, compensation for long-term care and assisted living may be included.
Brain injuries can have devastating long-term consequences, and we fight to ensure our clients receive full compensation for all their losses.
How Much Does a Lawyer for Brain Injury Cost?
Financial concerns can be overwhelming, especially after a traumatic event. It is fair to ask, “How much does a lawyer for brain injury cost?”
At Peerali Law, we operate on a contingency fee basis, meaning you pay nothing upfront. Our fees are a percentage of the compensation we recover for you. This structure ensures that our interests are aligned with yours—we only get paid when you do.
Time Limits: The Statute of Limitations
In California, you have a limited window to file a brain injury claim. Generally, the statute of limitations is two years from the date of the injury. However, if the injury was not immediately discoverable, you may have additional time.
The statute of limitations for medical malpractice cases is slightly different. It runs three years from the date of injury or one year from discovery, whichever comes first.
It’s important to act quickly to protect your legal rights. If you miss these deadlines, you may lose the ability to pursue compensation altogether.
Why Choose Peerali Law for Your Brain Injury Claim?
At Peerali Law, we understand that brain injuries don’t just affect you—they impact your entire family. That’s why we take a personalized, compassionate approach to every case. Here’s what sets us apart.
Extensive Experience in Brain Injury Cases
We have a proven track record of successfully handling brain injury claims in Los Angeles. Our attorneys know the complexities of these cases and how to maximize compensation for our clients.
Access to Top Medical Experts
Brain injuries require extensive medical documentation. We work with leading neurologists, neuropsychologists, and rehabilitation specialists to build strong cases backed by expert testimony.
Aggressive Negotiation and Litigation
Insurance companies often try to minimize payouts in brain injury claims. We aggressively negotiate on your behalf and are fully prepared to take your case to court if necessary.
Our Clients = Our Family
At Peerali Law, we’re not just your legal advocates; we’re also your trusted partners. We believe in open communication, transparency, and making sure you feel supported every step of the way.
Let’s Navigate Your Journey in Healing Brain Injury Together
We understand that dealing with a brain injury is daunting, but you don’t have to face it alone. At Peerali Law, we’re more than just legal representatives—we’re steadfast supporters, committed to treating you with the care and respect you deserve.
If you or a loved one has suffered a brain injury in Los Angeles, reach out to us today. You can call us at 818-688-4050 or fill out our secure contact form.
Together, we’ll evaluate whether your claim satisfies all elements of a brain damage claim, explore your options, and work toward the justice and compensation you need and deserve. Your fight is our fight.
Kristopher earned his J.D. at the University of Southern California Gould School of Law where he was a member of the Review of Law and Social Justice honors law journal and was awarded several scholastic honors.
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