Brain Injury

The cost of a traumatic brain injury involves more than medical expenses and lost wages. It also involves a cost in terms of quality of life. In order to determine the financial impact of a traumatic brain injury, Charles P. Charlton consults medical experts, economists, and life care planners. Mr. Charlton takes into consideration costs associated with future surgery, physical therapy, pain medication, in-home nursing care, and lost wages. He also presents "a day in the life" and "before" and "after" photos in order to explain to jurors the impact of your injuries on you and your family. If needed to emphasize the cause of the plaintiff’s injuries, Mr. Charlton will use 3D animation to explain to a jury or judge exactly how the injuries occurred and the resulting harm.

Under California law, "[A] person injured by another's tortious conduct is entitled to recover the reasonable value of medical care and services reasonably required and attributable to the tort." (Hanif v. Housing Authority of Yolo County (1988) 200 Cal.App.3d 635, 640, internal citations omitted).

A person may also recover for all detriment caused whether it could have been anticipated or not. In accordance with the general rule, it is settled in this state that mental suffering constitutes an aggravation of damages when it naturally ensues from the act complained of, and in this connection mental suffering includes nervousness, grief, anxiety, worry, shock, humiliation and indignity as well as physical pain. (Crisci v. The Security Insurance Co. of New Haven, Connecticut (1967) 66 Cal.2d 425, 433 internal citations omitted.)

The California Supreme Court has stated: " 'Under the prevailing American rule, a tort victim suing for damages for permanent injuries is permitted to base his recovery "on his prospective earnings for the balance of his life expectancy at the time of his injury undiminished by any shortening of that expectancy as a result of the injury.' " (Fein v. Permanente Medical Group (1985) 38 Cal.3d 137, 153, internal citations omitted.)

Charles P. Charlton understands the financial and medical issues involved in traumatic brain injury cases. He also understands the long-term effects of a severe concussion or coma in children and adults. While the consequences may not be immediately evident, what appears to be a mild or moderate head injury can result in memory loss, chronic pain, cognitive impairment, and neurological disorders. To schedule a free consultation to discuss your case contact Charles P. Charlton immediately at (310)286-0334.