x-ray showing skull fracture

Filing a Claim for California Skull Fracture Injuries

  • Mar 16 2021

Every year, California slip and falls and car crashes result in serious injuries to victims. These injuries often include skull fractures and traumatic brain injury, requiring ongoing medical care and carrying a heavy financial burden.

If you are the victim of an injury accident, you may be entitled to much-needed compensation from the negligent party. Filing a claim for California skull fracture injuries is your best option to financially support your recovery. 

An experienced California personal injury attorney can navigate the complexities of your head injury accident case for the compensation you deserve. 

What Can I Sue for In a California Head Injury Case?

Victims of skull fractures suffer physically, emotionally, and financially. In California, you can recover damages for these losses under two categories: economic and non-economic damages.

Economic damages include calculable and recoverable expenses such as:

  • Immediate medical expenses
  • Lost wages
  • Future medical or rehabilitative costs
  • Property repair or replacement expenses

Non-economic damages are not calculable but are assigned a value based on severity and extent of the suffering resulting from the injury:

  • Emotional turmoil
  • Mental anguish
  • Loss of quality of life and enjoyment
  • Loss of consortium and companionship

Compensatory economic and non-economic damages must directly result from the injury, the injury accident, and the negligent party’s actions.

How Does A Skull Fracture Claim Work in California?

Actionable skull fracture claims in California are filed against an at-fault party. If another party’s willful or negligent actions are proven to have caused your injury accident, you may file a claim against that party. 

When establishing negligence, your personal injury attorney will consider 4 factors:

  1. There existed a legal duty to exercise reasonable care toward others, whereas to not risk harm
  2. A person or entity breached their duty of care
  3. The breach of duty directly resulted in the injury accident
  4. The loss suffered by the injury victim(s) is directly attributable to the skull fracture injury 

A skilled personal injury attorney will gather evidence and conduct a thorough investigation to determine if one or more parties are at-fault for your injury accident. 

Filing a California Head Injury Claim

Once negligence is determined, your personal injury lawyer will begin preparing a claim for damages. Generally, negligent parties lack sufficient personal resources to pay compensation for your injuries. 

Instead, your claim will be filed against the at-fault party’s insurance company, i.e., a property owner’s insurance company for a slip and fall injury or a car driver’s auto insurer in the case of a car accident injury. 

It’s common for skull injury cases to settle before litigation. This avoids a prolonged and costly legal battle and gets you needed compensation as quickly as possible. However, not all insurers are willing to settle for a fair amount.

Insurance companies often attempt to stall or deny paying your head injury claim, hoping to exhaust your emotions and financial resources. You may receive a meager settlement offer or no offer at all.  

You must work with a personal injury attorney skilled in negotiation and litigation against big insurance tactics.

How Much is My Skull Fracture Lawsuit Case Worth?

The overwhelming financial strain of medical costs, lost wages, and legal bills leaves many wondering, “How much can I get for my head injury lawsuit?”

It’s impossible to place an exact value on your skull fracture case. All personal injury cases are different. The individual factors of your case will determine the worth of your head injury claim. 

Some factors affecting the value of your skull fracture settlement or jury award include:

Liability:

California is a comparative negligence state. Meaning, the fault may not be assigned equally to the parties involved. How negligence is attributed will affect your monetary award. 

Ask your California personal injury attorney to explain pure comparative negligence laws and how they may affect your case:

  • Comparative Negligence
  • Contributory Negligence
  • Joint and Several Liability

The Defendant:

Where there is more than one defendant, the amount and percentage each must pay toward your settlement will vary. Further, a defendant’s ability to pay restitution may impact your award or ability to collect.

The Plaintiff:

Sincerity and likeability, fairly or not, will impact your case, particularly in a jury trial. 

The defense will question your trustworthiness and the validity of your head injury claim. Factors influencing character assessment include:

  • Personal conduct
  • Occupation
  • Community involvement
  • Prior medical history 

Mitigating Damages:

Damages must not be inflated by the plaintiff or the plaintiff’s actions. When possible, damages must be:

  • Kept to a minimum 
  • Reasonable in context of the sustained injury

For instance, if you fail to seek prompt medical treatment or recommended rehabilitation, later resulting in more costly medical or long-term care, the insurance company or defense attorney may argue for reduced compensation. 

Do I Need a California Personal Injury Attorney to File my Skull Fracture Claim?

The CDC reports that nearly 1.5 million accident-related head injuries are sustained every year, most from car wrecks and slip and fall incidents. Skull fractures and brain injury are some of the most severe and disabling injuries related to head trauma. 

The extent of the physical, mental, and financial damage caused by skull fracture often takes time to reveal itself.  You need expert medical care and legal guidance as soon as possible after your accident to know what to do to protect your health and your rights. 

If you have been injured in an accident due to another’s negligence, reach out to a personal injury attorney today. California personal injury lawyers help thousands of Californians each year whose lives have been significantly altered due to skull fractures and traumatic brain injury. 

Don’t risk your right to compensation that can help you in healing and recovery. Contact our law firm today to speak with a personal injury attorney accomplished in pursuing skull fracture claims and lawsuits.

Posted in: Los Angeles Personal Injury Lawyers


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