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Recovering from Severe Brain Injuries
Recovering from a brain injury takes time, intensive therapy, and assistance from an accident lawyer in Riverside. As you’ll learn when you watch this video, a severe brain injury can affect virtually every area of your life. A car accident lawyer can file an accident lawsuit on your behalf to secure compensation for medical bills accrued as a result of someone else’s negligence.
With the compensation from an accident lawsuit, your family can cope with substantial expenses like hospitalization, long-term care, physical therapy, occupational therapy, and psychotherapy. As this video explains, many people with severe brain injuries require long-term or even lifelong care. The functional limitations caused by a brain injury can also keep a patient out of the workforce permanently.
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Comparing Intentional and Negligent Torts
Tort law refers to the civil proceedings that can bring relief for plaintiffs who have suffered financial losses, physical injuries, or psychological injuries at the hands of the defendants. Tort actions are complex, and they require the skillful attention of an experienced personal injury lawyer in Riverside. Your personal injury lawyer can answer any questions you may have about tort law, including questions pertaining to intentional and negligent torts.
Negligent Torts
Most tort cases filed by personal injury lawyers are negligent torts. A negligent tort is a personal injury lawsuit filed by the person who was injured (the plaintiff) against the person who allegedly inflicted the injury (the defendant). The lawsuit does not allege that the defendant intentionally harmed the plaintiff, but rather that the harm or financial losses were inflicted as a result of negligence. One common example is a car accident. Hypothetically, John is in a hurry to get home from work and he makes a right-hand turn at a red light without checking for oncoming traffic. Sally, who has right-of-way, drives through the intersection and strikes John’s car because she cannot stop in time. In this case, John could be held liable in a negligent tort. He didn’t intend for Sally’s car to collide with his, but the accident occurred anyway because he failed to check for oncoming traffic. A car accident is just one example of a negligent tort. These cases can include slip and fall incidents, dog bite cases, and nursing home neglect.
Intentional Torts
Intentional torts are less common than negligent torts. As the term implies, an intentional tort case may be filed by a personal injury lawyer when the defendant is accused of intentionally harming the plaintiff. Intentional tort cases can be tricky to litigate because they rely upon the establishment of the tortfeasor’s state of mind. A tortfeasor is a person who commits a tort or act of wrongdoing. One straightforward example of an intentional tort is assault. Using the previous example of the car accident, when Sally strikes John’s car, it is the result of John’s negligence. However, if John becomes enraged by the accident, gets out of his car, and punches Sally in the face, this is an intentional action that may be litigated in civil court. It should be noted that John may face criminal charges as well, which would proceed separately from an intentional tort claim filed by Sally.
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Questions Your Accident Lawyer May Ask During Your Case Consultation
A slip and fall accident can sometimes cause serious injuries, but you shouldn’t have to pay for problems caused by hazardous conditions on someone else’s property. Schedule an initial consultation with a slip and fall lawyer in Riverside to discuss your options. You can expect your lawyer to ask you some basic questions about the case in order to offer sound legal guidance.
Do you have a timeline of events?
In addition to finding out the exact location, date, and time of the incident, your personal injury lawyer will need to know the general timeline of events. This should include what you were doing before the incident, and what happened before and afterward. Full disclosure of what happened is necessary for your lawyer to provide quality representation.
Did you give any verbal or written statements?
The slip and fall lawyer may ask you for a list of eyewitnesses to the accident, and the names and contact information of anyone to whom you may have given a statement. For example, let your lawyer know if you filed an incident report with a store manager or spoke with a neighbor in an apartment complex about the hazardous conditions found in a common area. In particular, your lawyer will need to know if you gave any statements to a police officer, security guard, or insurance adjuster.
Did you see a doctor?
Many people who are injured in slip and fall accidents delay seeking medical care. This might be because they’re in a rush to go about their daily routine or because their injuries do not seem to be very serious. Delaying a medical evaluation is never a good idea; however, for several reasons. First, you may have more serious injuries than you initially realize. Second, the defense may claim that your injuries were sustained after the incident. And third, the defense may claim that if you failed to see a doctor right away, your injuries aren’t as serious as you allege. Your personal injury lawyer will likely ask you to sign a release to grant him or her permission to access your medical records.
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Coping with the Life-Altering Effects of a Catastrophic Injury
Catastrophic injuries include amputations, spinal cord injuries, traumatic brain injuries (TBIs), and other injuries that are expected to have permanent, life-changing effects. It’s never easy to move forward after a major injury, especially when the medical bills become overwhelming. After an accident, it’s in your best interests to consult a car accident attorney in Riverside. An accident lawsuit cannot reverse your health problems, of course, but it can provide the means to cope with your limitations.
Compensation from an accident lawsuit can allow you to not only pay your medical bills for surgeries and hospitalizations, but also to make arrangements for therapy sessions with physical, occupational, speech, and other therapists. A jury award or settlement from an accident lawsuit may also allow you to make any needed modifications to your home to improve its accessibility and help you overcome your physical challenges. Consider using some of your settlement or jury award to schedule psychological counseling sessions. A mental health counselor can guide you in developing the coping tools you’ll need to move forward.
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