A closed head injury involves trauma or damage to the brain. Typically, a closed head injury involves bruising of the brain when, due to a sudden violent motion, it is compressed against the skull. Depending on the severity of the injury involved, neurological trauma or damage can range from mild symptoms of temporary dizziness and confusion to long-term cognitive impairment and memory loss. Because the scope and severity of a closed head wound may not always show up at first, you must consult experienced medical doctors.
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 recovers damages for victims of closed head injuries. He consults with medical experts, psychologists, and neurologists to determine the scope and extent of our client's injuries. If you or someone you know suffered a closed head injury, contact Charles P. Charlton to schedule a free consultation to discuss your case at (310) 651-9906.