California Brain Injury Laws: Know Your Rights and Protections

BIKLaw Medical Malpractice Lawyer > brain injuries > California Brain Injury Laws: Know Your Rights and Protections

Brain injuries can produce a vast array of outcomes, from minor setbacks to permanent, debilitating changes. However, regardless of how severely your brain injury has impacted you, California laws help protect your rights and freedoms.

Understanding these laws and how to use existing resources is the first step toward taking action when you feel your rights are being violated.

Learning to live with a brain injury can be deeply frustrating, but there may be relief available in the form of legal compensation. If you’ve suffered a brain injury due to the negligence of another, speaking to a brain injury attorney can significantly help make the journey easier. Your lawyer can examine your situation, advise you on your rights, and help you pursue brain injury compensation.

Understanding Brain Injuries

Brain injuries are some of the most complex types of injuries because they can profoundly impact a person’s ability to exercise discretion and make sound judgments.

However, the exact outcome of a brain injury is unique to the individual. Some people maintain high independence and autonomy, while others need more help. At the same time, many individuals who suffer brain injuries experience changes in their mental faculties while maintaining full soundness of mind.

The potential for a broad array of outcomes in mental functioning after a brain injury means that it can be challenging to identify policies that address the needs of all brain injury victims in a way that is both fair and appropriate.

Brain Injuries and California Rights

California addresses the issue of the rights of individuals with brain injuries by setting guidelines at a high level. Generally, an individual with brain injuries should be treated with respect, dignity, and fairness.

Areas in which individuals with brain injuries in California have rights include:

  • Being able to live and work where they want
  • Being able to access services and support
  • Living with as few restrictions as possible given their cognitive abilities
  • Being presented with facts in order to make informed decisions
  • Being protected from exploitation, abuse, and neglect

The state’s stance is that a person with a brain injury should be given as much freedom as the nature of their injury allows.

Resources for Californians With Brain Injuries

The Protection and Advocacy for Individuals with Traumatic Brain Injury (PATBI) program is an organization established to support Californians with brain injuries and their family members.

PATBI aims to help individuals with brain injuries access resources and services within their communities that can lead to a higher standard of living and fairer treatment. The organization provides support in the form of:

  • Information
  • Outreach programs
  • Self-advocacy training programs
  • Advocacy for individuals and groups

While PATBI is a valuable resource for those learning to live with a brain injury, there are limitations to what the organization can achieve. So, if you find yourself struggling financially as a result of your injury, it’s time to contact a California brain injury attorney.

How a Brain Injury Lawyer Can Help

It’s not easy to adjust to life with a brain injury. Navigating areas like employment, education, housing, and parenting brings challenges often unique to the individual.

Fortunately, California laws can help those who suffer a brain injury because of another party’s actions. These laws ensure that brain injury victims can seek financial support to offset the costs and challenges brought on by this type of injury.

For example, car accidents and medical malpractice are two common causes of brain injuries. If you were injured by a negligent driver or medical provider, a brain injury lawyer could fight for you by investigating how your injury happened. If the investigation reveals that another party’s negligence indeed led to your injuries, your lawyer will establish a clear timeline that indicates the other party’s failure to prevent your injury.

Once this negligence is established, the lawyer will make a legal case against the at-fault party to recover financial compensation to pay for your medical treatment and other losses. Your lawyer will likely also build a case showing how your injuries might impact you financially in the future, working to negotiate a settlement that will additionally compensate you for the future impact of your brain injury.

Call a California Brain Injury Lawyer Today

The Trial Law Offices of Bradley I. Kramer, M.D., Esq. is a leader in recovering brain injury compensation in California. We’ve recovered over $100 million in compensation for our clients and are available to discuss how we can help in your case.

Contact The Trial Law Offices of Bradley I. Kramer, M.D., Esq. today to schedule your free consultation with an experienced California brain injury lawyer.

Questions? Contact us