California Car Accident Head Injuries
Head injuries from car accidents are not uncommon. If you are struggling to cope with the effects of your accident, here’s what you need to know about filing a car accident head injury claim in California.
Each year, tens of thousands of people in the U.S. die from traumatic brain injuries, and far more suffer debilitating symptoms due to head injuries sustained in vehicle collisions and other accidents. The Centers for Disease Control and Prevention (CDC) report that car accidents are among the leading causes of serious head injuries, and car accident head injuries can have a wide range of effects.
The good news is that many car accident victims can seek compensation for the costs of their injuries. Keep reading to learn what you need to know about filing a car accident head injury claim:
- When Can You Seek Compensation for a Head Injury Sustained in a Car Accident?
- How Do You Seek Compensation for a Head Injury Sustained in a Car Accident?
- FAQs: Car Accident Head Injuries, Claims, and Legal Representation
If you have suffered a head injury in a car accident, you should speak with a lawyer about your legal rights through CarAccidentSource.com. You may be entitled to significant financial compensation, but you will need help to collect the compensation you deserve.
There are three main options for seeking financial compensation for a head injury sustained in a car accident:
- Filing a “No Fault” Auto Insurance Claim – “No fault” auto insurance covers a portion of your losses regardless of who was at fault in your accident (with a few exceptions). This coverage is mandatory in some states and optional in others. If you have “no fault” auto insurance, a lawyer can help you file a claim up to your policy limit.
- Filing a Fault-Based Auto Insurance Claim – This is what most people think of when they think of an insurance claim. If the other driver was at fault in your accident, his or her policy should cover the financial and non-financial costs of your head injury. If the other driver’s insurance isn’t enough, an attorney can help you seek fault-based coverage under your uninsured/underinsured motorist (UIM) policy.
- Filing a “Third Party” Claim – If you have a “third party” claim, you may be able to recover substantially more for your car accident head injury. These are claims against drivers’ employers, vehicle manufacturers, dealerships, and other companies that hold (or share) responsibility for an accident. Filing a “third party” claim requires legal representation, and your lawyer will want to investigate the accident right away.
These are options for all types of car accident head injuries. This includes traumatic brain injuries and facial injuries such as:
- Ear injuries (including tinnitus)
- Eye injuries
- Jaw injuries
- Nose injuries
- Skull fractures
- Other traumatic brain injuries (TBI)
In order to seek compensation for your head injury, you will need to hire a lawyer. This is the most important step you can take—and it is the first step you should take after seeking treatment. Your lawyer will be able to explain your legal rights, determine what claim(s) you can file, and take all of the steps that are necessary for you to recover just compensation. The steps your lawyer will be able to take on your behalf include:
1. Dealing with the Insurance Companies
If you have a claim under the other driver’s policy, your policy, or both, recovering just compensation for your head injury will mean dealing with the insurance companies. Your attorney can deal with the insurance companies for you—making sure you avoid mistakes and pursuing a fair settlement on your behalf.
2. Filing a Lawsuit
If you have a “third party” claim, your attorney may need to file a lawsuit. Your attorney can determine what company to sue (and where to sue them), and your attorney can use his or her experience to guide your case successfully through the litigation process.
3. Calculating the Financial and Non-Financial Costs of Your Head Injury
Head injuries from car accidents can lead to inordinate financial and non-financial costs. Your attorney will be able to calculate these costs for you and seek just compensation for your medical bills, lost earning capacity, pain and suffering, and other injury-related losses.
4. Negotiating for a Favorable Settlement
Most successful car accident head injury claims are resolved via settlement. Your attorney will negotiate for a favorable settlement on your behalf, and he or she will help you make informed decisions about when (and if) to settle.
5. Going to Court (if Necessary)
Due to the substantial costs associated with most types of head injuries, sometimes the insurance companies and third parties won’t want to settle for just compensation. If a fair settlement isn’t on the table, your attorney will be able to go to court and fight for the compensation you deserve.
Are All Types of Head Injuries Covered By Car Insurance?
Yes, all types of head injuries are covered by car insurance. If you have suffered a head injury in a car accident, a local attorney can help you file a claim and seek the maximum compensation that is available to you.
What if Car Insurance Doesn’t Fully Cover the Costs of My Head Injury?
If car insurance doesn’t fully cover the costs of your head injury, you and your attorney will need to explore other options. This could involve filing a “third party” claim (i.e. if the other driver was working at the time of the accident or if a vehicle defect was a factor in the collision), or it could involve filing for government benefits.
How Much Do Lawyers Charge for Handling Car Accident Head Injury Claims?
Lawyers typically charge the same fees for handling all types of car accident claims. These are “contingency fees,” which means you only pay if you win. Contingency fees for car accident claims average around 33 percent, but you can ask your attorney about the specific fees he or she charges.