What To Do After a Lyft or Uber Accident
With the economy opening up again, more people are starting to rely on rideshare services like Uber and Lyft to get around town. But more rides inevitably lead to more accidents. Whether you’re a rideshare driver or Uber/Lyft passenger, a crash on the way to your destination is a nightmare come true. Especially if the rideshare company refuses to take responsibility for the accident. Rideshare apps like Lyft and Uber have been shown to decrease incidents of DUI up to 20% since their introduction in cities across the United States. But rideshare services are also associated with a 3% increase in car accident fatalities on the road. According to a study: The increase in Uber and Lyft cars on the road contributes to nearly 1,000 more traffic accident deaths per day across the country Between 2017 and 2018, Uber recorded 97 fatal crashes with 107 total deaths 21% of rideshare crash victims were passengers, another 21% of victims were drivers, while the remaining 58% of victims were other motorists or pedestrians Rideshare apps are directly linked to more crashes, injuries, and fatalities for everyone on the road because of the increase in traffic More rideshare drivers mean more cars on the road. That leads to greater congestion and ultimately to more fatal traffic accidents involving drivers, passengers, bicyclists, or pedestrians. You could become involved in a Lyft or Uber crash as: A rideshare driver either while you’re on a ride or between rides A rideshare passenger on a ride in a Lyft or Uber Another driver, pedestrian, cyclist, or motorist Rideshare accidents can be extremely dangerous because many injuries, such as head injuries and traumatic brain injuries, are often latent. This means you may not realize you have a serious injury unless you get checked out by a medical professional as soon as possible. If you get in a Lyft or Uber accident on the road, call a rideshare accident lawyer immediately about your case. At Wilshire Law Firm, our rideshare crash attorneys fight big corporations and their insurance companies to get you the highest possible settlement for your injuries. Call us anytime 24/7 at (800) 501-3011 or reach out to us online you would like to discuss your case. Who Is Liable If Your Lyft or Uber Driver Gets In an Accident? One of the most important parts of a rideshare accident case is establishing who is at fault. The person responsible for the crash becomes liable for the injuries and harm suffered by anyone else involved. Legally, they may be required to compensate others for their losses. Your Lyft or Uber accidents could be caused by: Your rideshare driver operating long hours, driving while drunk, or driving distracted Your rideshare driver speeding or running stop lights to finish rides faster Your rideshare driver negligently failing to obey street signs and traffic laws Your rideshare driver parking somewhere dangerous to pick you up or drop you off A design or manufacturing defect in the car itself Improper maintenance of the rideshare car Rowdy passengers who distract the driver or cause dangerous conditions Another motorist on the road driving recklessly or under the influence Dangerous weather or road conditions that affect traffic Determining the cause of a Lyft or Uber crash may not be as easy as you think, especially with so many factors at play. Not only that, but you also need strong evidence to back up your claims. What Happens if You Get In an Accident With Lyft or Uber? Even if you walk away from your rideshare accident feeling “fine,” you should get checked out by a doctor as soon as possible to start documenting any injuries you might have. Medical treatment is expensive. Serious injuries from traffic accidents involving rideshare companies could cause you major health problems, especially if left untreated. In some cases, you may even need lifelong medical or care or treatment. Who will pay for all of that? If a rideshare company is responsible for your injuries, they should compensate you for the cost of your treatment. But for companies like Lyft and Uber, the most important thing is the bottom line. They’d rather pay the least amount they can get away with in order to protect their profits. That could mean leaving rideshare passengers or drivers with the bill. Remember that rideshare companies and their insurance companies are not on your side. The first thing you should do after a rideshare accident is to talk to a lawyer who can help. Do not talk to the rideshare company or their insurance company until you’ve spoken to a lawyer first. Any statements you make could be used against you to deny your claims. After a rideshare crash, your case goes into the evidence-gathering phase. Your lawyer can help you collect the evidence you need to prove who is at fault and get compensation for your injuries. The stronger your evidence, the better you can maximize your settlement. Does Uber or Lyft Compensate for Accidents? Generally, rideshare apps require their drivers to have car accident liability coverage. In addition, Uber and Lyft carry their own third-party liability insurance to cover any personal injuries or property damage beyond what the driver’s insurance may cover. The amount of compensation you could get in a Lyft or Uber settlement depends on: The severity of your injuries and the medical treatment you need How much your injuries have affected your daily life Whether your injuries made you unable to work Any pain or suffering you experience because of your injury A settlement after a rideshare accident could cover: Your medical bills, both present and future Any wages you’ve lost because of your injuries The cost of any long-term treatment or care you might need The more severe your injuries, the greater compensation you can expect. After an Uber or Lyft accident, the rideshare company or their insurance may reach out with a low settlement offer soon after your accident, hoping you’ll take whatever you can get. A lawyer can help you decide whether a settlement offer is worth taking – or if you should fight for more. Call the rideshare lawyers at the Wilshire Law Firm for your FREE consultation at any time of day or night at (800) 501-3011 or use our online form now.
Can You Sue if You Get Hurt In a Swimming Pool?
A dip in a pool can be irresistible on a hot day — but pools come with natural risks. Whether you’re at a hotel pool, residential pool, or public swimming pool, you expect a certain level of maintenance and care to keep the pool and its surrounding areas safe. If the pool owner fails to take the proper precautions, an ordinary pool could become a site of injury or tragedy. In the summer of 2019 alone, over 150 children younger than 15 drowned in swimming pools or spas. A third (33%) of child drownings are reported to happen during family gatherings near pools. However, parents and child caretakers can only be so vigilant if improper maintenance makes a pool unexpectedly dangerous. The dangers don’t just apply to children. Up to 4,000 people drown in the U.S. every year on average. For every drowning victim, an estimated 5-10 people need hospital care for nonfatal injuries related to drowning – including traumatic brain injuries from a lack of oxygen. Wet, hard surfaces around pools can also pose a risk for catastrophic slip and fall accidents. If you or your child were hurt at a swimming pool, extensive medical treatment may be needed for recovery. Or you may have lost a loved one to a swimming pool accident. In situations like these, it’s important to hold the person responsible for the injuries accountable. How should you move forward? The first step you should take is to talk to a personal injury lawyer about your case. You may have legal claims for negligence, premises liability, or wrongful death. You may be owed thousands or even millions of dollars in damages to compensate you for your losses. The personal injury lawyers at the Wilshire Law Firm can help. Call us 24/7 at (800) 501-3011 or use our online contact form now to get your FREE consultation. Who Is Liable If Someone Gets Hurt in a Pool? Determining liability (fault or responsibility) for an accident is one of the most important steps in putting together a successful personal injury case. Every case is different, which makes each case fact-specific. Your personal injury lawyer can help investigate the facts of your case and gather the evidence you need to prove your claims. Depending on where and how an injury happened, you could file a lawsuit against: The owner of a private or residential swimming pool The owner of a commercial swimming pool that is open to guests, such as at a hotel, motel, spa, health club, gym, or campground The government entity that owns the public, municipal, or school pool The person or business in possession of the pool at the time of the accident The manufacturer, designer, or distributor of a defective pool component or part In order to win your case, you must prove with evidence that: The pool owner or operator had a duty of reasonable care to you, The pool owner or operator failed to live up to their duty of care (either through negligence, recklessness, or even intentional or knowing conduct), and That failure was a direct cause of you suffering actual harm or injury. In some cases, even trespassers are covered under liability rules because pools are often considered an “attractive nuisance” under the law. That means strangers, especially minors or children, could be tempted to trespass to use the pool even without permission. Most states require owners to maintain secure fencing around their pools to keep children out. The degree of liability in your case will depend on the laws and regulations in your state and locality. Reasons for Suing a Public or Private Pool Owner or Operator Depending on the facts of your case, you may have multiple legal claims against the party or parties responsible for your swimming pool injury or the loss of a loved one. Below are a few common examples of negligence that can be grounds for a lawsuit: Inadequate supervision – Proper supervision can help prevent tragedy. A homeowner may be responsible for any injuries suffered by guests in their pool because of a lack of supervision. This is especially true if the pool owner was supposed to be supervising children. Private businesses with pools have an even greater duty to protect their guests. Not enough lifeguards on duty – Some states and localities require commercial pools operating above a certain number of guests to have a minimum number of lifeguards on duty at all times. Such a pool must also make sure its lifeguards are properly trained. Improper signage or lack of warning signs – Pool owners must generally warn users of possible dangers from using the pool. That includes posting water depth as well as “swim at your own risk” signs if there are no lifeguards. Improper pool maintenance – Pool owners can be held responsible for failing to keep their property maintained in a safe condition. Murky waters, clogged drains, debris, or broken stairs or handlebars could pose additional dangers to swimmers. Lack of proper fencing – Many states have strict requirements for swimming pool owners to install secure, locked fencing to keep out children and trespassers. Violations of pool laws or ordinances – Swimming pools can be dangerous if they’re built in a way that violates federal, state, or local laws or ordinances. Defective components or parts – You could have a legal claim against pool component manufacturers if a defect causes the pool to become unsafe. For example, a step-ladder to get out of the pool may not be made of strong enough material and collapse. The best course of action after a swimming pool injury is to seek a legal consultation about your options. A lawsuit based on personal injury, premises liability, or wrongful death can get you compensation for your losses as a result of a swimming pool injury or death. Any damages you get from a settlement or court judgment could cover: The cost of current and future medical treatments, Lost wages or income as a result of the victim being unable to work, Pain, suffering, or emotional distress Long-term disability or supportive care To maximize the amount of compensation you’re able to recover for your case, call the nationally recognized lawyers at the Wilshire Law Firm at (800) 501-3011 or use our online contact form. We work on a contingency-fee basis, which means you don’t pay us any legal fees unless we win your case. Our team is ready to fight for you and your family!
What to Do When You Get Fired Unfairly
If you’ve recently been laid off or fired from your job, you may be thinking, what’s next? The answer depends on the circumstances and reasons behind your termination. You could file for unemployment benefits and start looking for a new job. But if you've been wrongfully terminated from your position, you could have a legal claim or lawsuit for lost wages and other damages you've suffered as a result of losing your job. In addition, you also have the right to get your full wages on time as required under the law. For example, if you are involuntarily terminated by an employer, your employer must give you your final paycheck immediately upon your termination. If your company has failed to pay your proper wages in full, you could file a claim for wage theft. The statute of limitations for filing an employment lawsuit for wrongful termination or wage theft is typically 1 year — however, it can be longer for certain types of cases. It’s important to talk to an attorney about what the statute of limitations is for your specific claim, as these limitations vary on a case-by-case basis. To ensure that your rights are properly protected, don’t wait to speak to a lawyer. Call (800) 501-3011 now for a FREE consultation. What Is Wrongful Termination? Wrongful termination is defined as the act of firing or laying off an employee for an illegal reason. While an employee may be fired, the classification of “wrongful” must be justified by the breach of a protected class. Federal law protects employees from being fired: For asserting their legally protected rights in the workplace, Because of unlawful discrimination based on age, sex, race, religion, disability, or any other legally protected characteristic, For reporting sexual harassment or a toxic or hostile work environment, In violation of an existing employment agreement, As a form of retaliation for filing a workplace complaint with HR, In violation of any collective bargaining or union agreements or laws, or In violation of any applicable local, state, or federal laws. The impact of wrongful termination on the lives of employees is hard to overstate. Illegally fired employees can suffer from depression, anxiety, financial stress, and career setbacks. If your employer fired you in bad faith, they may lie about your work performance and try to blame their decision on your work output. This could affect your professional reputation and your ability to find future work in your field, especially if your employer is a big industry player. If you’ve been wrongfully terminated from a company, you may not be the only one. This is especially true if a business suffers from a toxic work environment, where bad behavior is not only tolerated but even encouraged as a part of company culture. Many workers are intimidated by the thought of challenging their employers in a court of law, especially large corporations with deep pockets and lawyers on staff. Some employees may not even realize how much the law actually protects them. Employers that act in bad faith bet on their workers not realizing the power of their rights. But the law is on your side – and you can level the playing field by hiring an experienced employment lawyer for your case. Is It Hard to Prove Wrongful Termination? Proving wrongful termination isn't usually easy. This is because employers rarely communicate the real reasons behind an illegal firing since they know that will get them in trouble. Instead, your company may try to blame you for losing your job by lying on your performance reports or making other false allegations. A knowledgeable employment lawyer can spot the tricks companies use to cover their tracks. Your attorney can help gather the evidence you need to back up your case. How Do You Prove Wrongful Termination? Wrongful termination cases are fact-specific. The outcome depends on the unique details of your case. The best way to prove your case is to gather as much evidence as you can. Evidence of wrongful termination may include: Emails, instant messages, written statements, documents, or other communications A history of performance reports showing that you were a good employee Witness testimony backing up any verbal statements that may have been made Records of any reports you filed with your manager, HR, or the government Circumstantial evidence that demonstrates a company’s patterns, biases, or culture Proof that your company refused to follow their own employee protection policies Gathering all of that evidence can be tricky, especially if you’ve been removed from your job along with your access to company documents. You may no longer have the ability to log in to your company email address. If your employer has been acting in bad faith, they’re not likely to cooperate with your requests to get the evidence you need to sue them. An employment lawyer can help you get a court to subpoena the relevant documents you need from your company, even if they refuse to disclose the information voluntarily. Can You Sue for Wrongful Termination? A lawsuit can help you get monetary compensation for the income you’ve missed as well as any extra costs you’ve incurred because of losing your job (such as the expense of looking for a new job). You could even receive damages for the mental anguish you’ve experienced. Additionally, on the federal level, you can file a claim with the Equal Employment Opportunity Commission (EEOC) if you think you were fired because of harassment or discrimination. Some states have even greater employee protections. In those states, you could file a wrongful termination claim with a state agency. But your best strategy may be to file an employment lawsuit in civil court against your employer for wrongful termination and lost wages. How Much Can You Get in a Wrongful Termination Lawsuit? Successful wrongful termination cases could end in a settlement or judgment paying the victim to “make them whole” for the losses they’ve suffered as a result of their company’s actions. Because each case is different, there is no standard amount of compensation that is awarded in wrongful termination cases. The total will depend on the damages you suffered and the specific circumstances of your case. Cases with blatant discrimination or patterns of sexual harassment where company leadership fostered a hostile working environment could pay out even more for the victim. At the Wilshire Law Firm, our top-rated employment lawyers fight for employees to get the MAXIMUM possible payout for the injustices they’ve had to suffer in the workplace. We take our cases on a contingency-fee basis, which means you don’t have to worry about paying any legal fees unless we win your case for you. Our team of wrongful termination lawyers is available 24/7 for a FREE, no-risk consultation. Call us now at (800) 501-3011 or fill out our online form.
Fisher Price Recall 2021: 4 in 1 Rock n Glide Soother & 2 in 1 Soothe n Play Glider
According to a recent report released by the United States Consumer Product Safety Commission, Fisher Price has recalled both the Fisher Price 4 in 1 Rock n Glide Soother as well as the Fisher Price 2 in 1 Soothe n Play Glider. Both products have been recalled due to potential suffocation hazards and should be returned immediately. Why Were The Fisher Price 4 in 1 Rock ‘n Glide Soothers Recalled? According to the United States Consumer Product Safety Commission’s report on 4 in 1 Rock n Glide Soothers, the Fisher Price 4 in 1 Rock n Glide Soother led to the deaths of four infants, who were reportedly placed in the soother while on their backs unrestrained and then found suffocated and on their stomachs. The deaths occurred between April 2019 and February 2020 and all of the infants were four months or younger. The Fisher Price 2 in 1 Sooth n Play Glider has also been preemptively recalled for potential safety reasons, although there were no fatalities associated with the product. The official recall statement included that around 120,000 Fisher Price 4 in 1 Rock n Glide Soothers were sold from the period of 2014 to 2020. Additionally, 55,000 units of 2 in 1 Soothe n Play Gliders were distributed and sold from November 2018 to May 2021. When Was the Fisher Price Recall for the Rock ‘n Glide Soother? The recall for both the Fisher Price 4 in 1 Rock n Glide Soother as well as the 2 in 1 Soothe n Play Glider was on June 3rd, 2021. What to Do With Fisher Price Recalled Rockers Immediately stop using the recalled Fisher Price 4-in-1 Rock ‘n Glide Soother or 2-in-1 Sooth n Play Glider. You are eligible for a full refund on both the Rock n Glide Soother as well as the Soothe n Play Glider. For a refund, visit the Fisher Price online website at www.service.mattel.com and click on “Recall & Safety Alerts,” or call toll-free at (855) 853-6224. You may also be eligible to enter into a class action or product liability lawsuit, depending on the circumstances of your situation. Scroll down to the bottom of this post for information about how to take legal action. Recent Fisher Price Recalls Additionally, Fisher Price is also under fire for a previous recall of their Rock n Play sleeper, which was similarly recalled for infant fatality due to asphyxiation on April 12th, 2019. Around 4.7 million units have been distributed since its release in early 2009. The U.S. House of Representatives compiled an extensive report regarding the dangerous flaws of the Fisher Price Rock n Play. The Infant Death in Inclined Sleepers Report reveals that: Fisher-Price failed to ensure the Rock ‘n Play was safe, ignored warnings that it was dangerous, and marketed it for overnight use despite the known risks. The report goes on to mention that the Fisher Price Rock n Play was primarily influenced by sales and disregarded concerns that the product may be dangerous. Internal documents obtained from the report show that the company conducted marketing research that led them to market the product as a “Sleeper” rather than a “Soother”, despite serious apprehension from pediatricians in the United States and regulatory bodies in both Canada and Australia. The Fisher-Price Rock n Play sleeper has led to deaths of over 50 infants according to the report. Filing a Lawsuit: You May Be Eligible for Compensation Parents and guardians have a right to assume that the baby products they purchase are safe for their children. When there are safety issues related to the way the product is designed, manufactured, marketed, or distributed, consumers can take legal action to hold the responsible company liable. If you purchased a Fisher Price 4 In 1 Rock n Glide Soother or the 2 in 1 Soothe n Play Glider, you may be eligible to receive compensation. As someone who purchased one of these products, you could join a class action lawsuit (even if your child was not physically harmed by the product). Or, if your child was injured, you could be eligible to file a private personal injury lawsuit to recover damages for the losses you and your family experienced. At Wilshire Law Firm, we have award-winning class action and personal injury attorneys who handle product liability cases, and we’re ready to assist you with your case. We work on a contingency basis, meaning you don’t pay any fees unless you win your case. For a free consultation, fill out our online contact form or give us a call at (800) 522-7274.
Who Is Responsible for Injuries at Stadiums, Sporting Events, and Concerts?
Can you sue if you get hit by a baseball at a game? What about rowdy or violent fans? What if you slip and fall at a concert venue? Is it possible to hold a property owner responsible for injuries that happen at stadiums, arenas, theaters, sports facilities, and other event sites? With the decline in COVID-19 rates across the country, sports and entertainment events are back on the menu for millions of Americans. But as more people return to in-person events, the risk of injury goes up as well. Venue owners who feel pinched for money may skimp on the critical repairs or structural improvements needed to keep event attendees safe. Negligent or inadequate security can expose fans to criminal assaults on or around the property. The result can be disastrous injury or even death, turning a fun day into tragedy. A recent study by the University of Alabama at Birmingham found that spectator injuries can be “life-threatening and life-changing.” Of all the injuries recorded in the study, over one-third were fatal. Property owners and venue operators have a legal duty to provide a reasonable level of safety and security for their customers. If you are injured because a stadium owner or sports facility fails to keep their patrons safe, you can sue in a premises liability lawsuit to hold them responsible for your losses. Assuming Risk as an Event Spectator When attending a sporting event like a baseball or hockey game, fans assume a certain amount of risk if the danger is obviously a part of the event. For example, foul balls can be dangerous, but they are also an inherent part of every single baseball game. One study found that in 127 National Hockey League (NHL) games, 122 spectators were injured by pucks, 90 required stitches, and 45% had to go to the emergency room. Most of these injuries involve blunt force trauma to the head or face. In cases where certain risk should be reasonably assumed by the public, stadium and arena owners may not always be held responsible for these types of injuries. However, you could get damages if you were injured outside the usual scope of the sporting activity or if the stadium owner or other venue owner was negligent in maintaining protective measures for patrons. Slip and Fall Injuries at Events and Sports Games Stadium and venue owners have a legal duty to keep their properties safe from foreseeable dangers. Entertainment and sporting events come with unique challenges because of the large number of spectators involved. Managers should take regular care to inspect their property for hazards that can harm the public, such as: Poor lighting Broken seats or stairs Leaking pipes or flooded floors Missing handrails or safety banisters Some of the deadliest incidents happen at bicycle, motorcycle, and car races where the rider or driver loses control and overtakes the safety barriers in place to protect spectators. These types of events require extra care to minimize the dangers of accidents. That could mean strengthening barriers or keeping spectators out of areas that present higher levels of risk. If you get hurt because of dangerous conditions on the property, you can sue for damages based on negligence. If a loved one dies because of hazards at an event venue, their survivors can file a lawsuit for wrongful death against the responsible party. While the law cannot undo what happened, a lawsuit can help “make you whole” by covering the costs of your injury, including any wages you lose if you’re unable to work. Injuries aren’t limited to just professional or major league sports, either. Little league, minor league, even municipal or intramural sports facilities have responsibilities to their spectators. People can get hurt if bleachers or grandstands are located in dangerous areas that put spectators at higher risk of getting hit by balls, bats, or even players. Negligent and Inadequate Security at Sporting Events In some cases, it’s not the conditions of the property but the fans that become a problem. In a 2018 case, a schoolteacher suffered total amnesia after rowdy spectators at a Patriots vs. Bills game caused her to hit her head. The resulting injury affected her life dramatically – she became unable to remember her happiest memories or family member’s names. The incident was captured on cameras and used as evidence in the case. According to the lawsuit, the Buffalo Bills stadium security failed in their duty to “properly control and monitor” spectators in the stands. The fan responsible for the injury appeared to be intoxicated and security companies must oversee alcohol compliance at events. In fact, security officers had come to that specific section earlier in the game to deal with the rowdy fans. While foul balls may be a part of the game, assault by fans is not. Most sporting arenas have rules against drunken or disorderly behavior by spectators. Even if you’re wearing the other team’s jersey, you have a right to feel and be safe at sporting events. After all, spectator safety is the reason stadiums hire security in the first place. Security can also mean proper crowd control and emergency exit access. Stadium, arena, and concert venue owners have the responsibility to inspect their premises for foreseeable dangers. That also includes crimes on or around the property, such as the parking lot. When property owners fail to provide proper security, people can get hurt. The venue, its managers, or even the security company could be held responsible. Negligent Security Lawsuits A negligent security lawsuit can get you the compensation you need to move forward with your life after an injury. A negligent security settlement could cover: Your past and future medical expenses Income or wages you’ve lost as a result of being unable to work Long-term supportive treatment or live-in care, if necessary Pain, suffering, and emotional distress resulting from the incident Disability or loss of enjoyment of life The cost of mental health treatments If you have been injured at a concert or sporting event, call the top-rated personal injury lawyers at Wilshire Law Firm for your FREE consultation. You can reach us at (800) 501-3011 or use our online form. Our offices are open 24/7 for your convenience.
How Do You Prove a Traumatic Brain Injury in Court?
Traumatic brain injuries (TBI) impact millions of people’s lives every year. Even “mild” or moderate head injuries can have major consequences for your health. Brain injuries are typically catastrophic in nature, and can result from all types of accidents, such as traffic accidents, slip and fall accidents, workplace accidents, and more. In 2019 alone, 61,000 Americans died from TBI-related causes, equaling about 166 deaths per day. Many others live with disabilities caused by traumatic head injuries or concussions, impacting their ability to function, work, or enjoy day-to-day life. Traumatic brain injuries could involve: Blunt force trauma, concussions, whiplash, brain swelling, or bleeding Becoming unconscious, anywhere between a few seconds to days or longer Memory loss that can be mild (for a few days) or severe (permanent) Difficulty speaking, forming words, or controlling speech functions Blindness, vision impairment, or inability to open your eyes Loss of motor function, inability to move, or paralysis Changes in cognition or personality TBI often requires intensive medical treatment and even long-term care. If you were left to foot the bill, the cost of treating a traumatic brain injury could drain your savings or even bankrupt your family. If you want to put responsibility where it belongs, you can file a personal injury lawsuit against the person (or company) who caused your injuries. These types of lawsuits help you get monetary compensation for traumatic brain injuries caused by someone else. In order to successfully file a personal injury lawsuit and get a settlement or court judgment in your favor, you must prove that: The person responsible for your injury had a duty of care that they failed to meet, You suffered personal harm or injury as a result, and Their actions actually caused your injuries. TBI cases are fact-specific. The outcome depends heavily on the unique circumstances of your situation: How did your injury happen? Who caused it? What did you suffer as a result? All of these questions must be answered with convincing evidence. So how do you prove a TBI case? What exactly do you need to hold someone responsible for the harm they caused? A personal injury lawyer can help answer these questions and gather the evidence you need to prove your case. Call Wilshire Law Firm 24/7 at (800) 501-3011 or use our online form now to get a FREE consultation of your case. Proving Your Claims in a TBI Lawsuit Let’s break down what types of evidence you need in your TBI case. You must first prove that you suffered an injury – primarily through medical records. As soon as you see a medical professional, you start a paper trail documenting the injuries you’ve suffered. This evidence can be used in court to back up your claims. You must prove the severity of your injury. This determines how much you ultimately get in compensation. Damages in a personal injury case are meant to cover all of your medical bills, even in the future. The more severe your injury, the more costly your treatment is likely to be and the more you should get in a settlement. This involves proving the long-term impact of your injury. You must determine whether you’ll need any future surgeries, rehabilitation treatments, assisted care, or in-home care. If your injuries make you unable to work, you must prove how much income you expect to lose over the years so that your settlement our court judgment can cover the cost. Finally, you must prove that your injury was caused by the accident or incident related to your claim. This is why it's so important to see a doctor right after you suspect you've been injured. The longer you wait to get a proper diagnosis, the more challenging it can be to tie the injury to your accident. How much of this evidence will you need? As much of it as you can get. If you suffered a traumatic brain injury because of an incident such as a traffic accident, you’ll probably end up dealing with an insurance company in your case. Despite what they say in all their commercials, insurance companies are not on your side. An insurance company’s first priority is their profit margin, which is negatively affected with each claim they pay out. In fact, insurance companies will usually reach out with a low settlement offer early on after your accident, hoping you’ll settle for much less than you’re actually owed. (Read this article to learn the 10 tricks car insurance companies use to mislead people.) Talking to an experienced personal injury lawyer can help you avoid becoming a victim of these predatory practices. Instead, your attorney can help you put forth your strongest possible case. You can build a stronger case with more evidence. If you can convince an insurance company that they will lose to you in court, they will often make a better settlement offer. At Wilshire Law Firm, our lawyers help clients get the evidence they need to win. What Kind of Evidence Can You Use in TBI Cases? Traumatic brain injuries aren’t as obvious as cuts or broken bones, which is why they can go undetected for years. To make matters worse, even the medical establishment still has a lot to learn about how head injuries, concussions, and TBI affect health. Evidence in a traumatic brain injury case could include: Medical images such as CT scans, MRI scans, or x-rays Brain mapping, diagrams, or computer simulations Intracranial pressure (ICP) monitoring to determine any brain swelling Diagnostic tests that determine your level of mental function, physical function, cognitive ability, information processing skills, speech control, and motor skills Witness testimony from both eyewitnesses and TBI experts Medical experts like neuropsychologists, neurologists, or rehabilitation doctors “Before and after” witnesses who can testify about how the injury has affected your life Testimony from mental health experts like psychologists and psychiatrists A traumatic brain injury can affect not only your cognitive and physical functions but also your personality and memories. You may become unable to work. Such changes can be devastating for you and your family, not just financially but emotionally, too. Our team at Wilshire Law Firm wants to be here for you and your family so you don’t have to deal with the aftermath of a brain injury alone. Let us help you evaluate your case and your legal options for recovery! For a FREE consultation of your case, call the TBI lawyers at the Wilshire Law Firm at (800) 501-3011 or use our online form.