A brain injury can dramatically impact your life, affecting your ability to care for yourself or work. If you suffered a brain injury in Monterey County, California, our team at Mercado Kramer, LLP is here to fight for the compensation you deserve. Call (888) 3114050 today to schedule a free consultation with an experienced Monterey County brain injury lawyer.
Our attorneys have over 18 years of experience helping clients get back on their feet again after serious injuries. We’re ready to put our skills and legal knowledge to work in your case. Contact our law offices in Monterey County, California, to get the legal assistance you deserve.
Why Choose Mercado Kramer, LLP After a Brain Injury in Monterey County, CA?
When you were injured due to someone else’s actions, they should be held accountable. That’s where our Monterey County personal injury attorneys at Mercado Kramer, LLP can help. Our attorneys have helped thousands of injury victims with difficult cases.
Over the years, we have earned a reputation for standing up for justice when it matters most. Now, we’re prepared to guide you through the legal process and stand up to the insurance companies on your behalf.
It’s never too early to explore your legal options. If you have questions about how to recover compensation, call today for a free consultation.
How Common Are Brain Injuries?
According to the Brain Injury Association of America, an estimated 2.8 million Americans suffer traumatic brain injuries each year. More than five million Americans are living with permanent disabilities stemming from brain injuries.
Traumatic Brain Injuries: the Basics
Traumatic brain injuries (TBI) are caused by some type of outside force. Whether a penetrating object, strong jolt, or severe blow to the head, brain injuries have the potential to cause significant damage.
Of course, the brain tissue itself can be damaged due to the external force. Even once the brain itself heals from the initial trauma, many survivors experience life-long health issues that can impact the brain and other organs.
Our Lawyers in Monterey County Handle All Types of Brain Injury Cases
Our attorneys in Monterey County handle all types of brain injury cases, including cases involving:
- Severe concussions
- Non-traumatic brain injuries, including hypoxic injuries caused by oxygen deprivation
- Contusions, or severe bruising of the brain tissue
- Hemorrhages, or uncontrolled bleeding in the brain
- Hematomas, which are collections of blood in the brain tissue
- Edema, or severe swelling
- Coup, contrecoup, and coup-contrecoup injuries
- Penetrating brain injuries
- Skull fractures
Brain injuries can also be classified as primary or secondary. A primary injury is the initial injury caused by that trauma. Secondary injuries occur due to complications and issues associated with the primary brain injury.
What is the Value of My Monterey County Brain Injury Claim?
The value of your personal injury case depends on factors that are unique to your situation, including:
- The severity of the injury itself
- Whether you will suffer a permanent disability
- Your expenses, including medical costs, rehabilitation, assistance, etc.
- Your anticipated future costs
- How the injury impacts your work and earnings
- The impact on your independence and daily lifestyle
- Whether you can return to work again
- Whether you have strong evidence to prove liability
- The circumstances of the injury
Our lawyers can review your case for free to help you understand how much compensation you may deserve. We know the stakes are high. Brain injuries carry incredible costs. You can count on us to pursue every available dollar to help you move forward with your life.
What Types of Damages Are Available to Monterey County Brain Injury Victims?
California personal injury laws classify damages according to whether they compensate for financial costs (economic damages) or personal losses (non-economic damages).
Examples of the types of compensation that injury victims might pursue include:
- Past and future medical expenses
- Rehabilitation
- Nursing care
- In-home assistance
- Long-term care
- Lost wages
- Reduced earning potential
- Home and vehicle modifications
- Property damage
- Pain and suffering
- Emotional distress
- Depression
- PTSD
- Diminished quality of life and lost ability to enjoy life
- Physical disfigurement and scarring
- Damage to relationships
- Funeral costs and other damages for wrongful death in fatal injury cases
Punitive damages, while rare, may be available as punishment in cases where the defendant consciously disregarded your safety or intentionally harmed you.
Understanding the Consequences of a Serious Brain Injury
In the end, your damages award will depend on the nature of your losses.
No two traumatic brain injuries are exactly the same. Victims respond differently even when they suffer similar types of brain damage.
A serious brain injury can impact every aspect of your life, including:
- Your ability to move
- The way you think and your cognitive function
- How you behave
- Your memory
- Your personality
- Your ability to earn a living
- Your relationships with family and friends
- Your ability to enjoy the same activities you enjoyed prior to the injury
The consequences of a brain injury depend upon several different factors. Each region of the brain is responsible for a different bodily function. The potential consequences of a brain injury depend heavily on the region of the brain that was damaged. The severity and extent of the injury are also important to a victim’s outcome.
How Much Does it Cost to Hire a Personal Injury Lawyer to Handle a Brain Injury Claim in California?
At Mercado Kramer, LLP, we work on a contingency fee basis. Like most personal injury lawyers, we only charge attorneys’ fees if we recover compensation in your case. Our payment depends entirely on the amount we recover in your case. Initially, when you hire us, you’ll agree to pay a percentage of your settlement or verdict.
What Happens to My Right to Recover Damages If I’m Being Blamed for a Brain Injury in California?
If you’ve suffered a brain injury in California, it’s common for the other party—or their insurance company—to argue that you share some of the blame for the accident. Understandably, this raises an important question: Will I lose my right to compensation if I’m partially at fault?
The answer is no. California follows what’s known as a pure comparative negligence rule, which allows injured people to recover damages even if they are mostly responsible for the accident. However, your compensation will be reduced in proportion to your share of fault.
How Comparative Negligence Works in Practice
Here’s how it plays out:
- Suppose your total damages are valued at $1,000,000 after a traumatic brain injury.
- If a court or insurance adjuster decides you were 20% at fault for the accident, your award would be reduced by that percentage.
- This means you would still be entitled to recover $800,000—the full amount minus your share of responsibility.
Brain injuries are often catastrophic and life-changing, leading to costly medical care, lost income, and long-term rehabilitation. Because the financial stakes are high, defendants and insurers are highly motivated to minimize payouts. One common tactic is to shift blame onto the victim—for example, by claiming you weren’t wearing a seatbelt, weren’t paying attention, or ignored medical advice after the accident.
Having a skilled attorney on your side is critical. A lawyer can push back against unfair blame-shifting tactics, gather strong evidence to reduce your percentage of fault, and fight to maximize your recovery.
What Causes Are the Leading Causes of Brain Injuries in Monterey County?
Traumatic brain injuries can occur because of nearly any type of accident.
Some common causes of brain injuries include:
- Car accidents, including those involving large semi-trucks
- Slip and fall accidents and dangerous property conditions
- Sports accidents
- Firearm violence and assault
- Motorcycle accidents
- Motor vehicle accidents involving pedestrians and bicyclists
- Bus accidents
- Uber or Lyft accidents
- Aviation accidents
- Electric scooter accidents
- Swimming pool accidents
- Boating accidents
- Accidents involving recreational vehicles
- Construction accidents
- Workplace accidents
- Medical malpractice
- Nursing home abuse
With nearly two decades of experience, our Monterey County brain injury attorneys are prepared to handle any situation. Regardless of how you were injured, call us today to discuss your legal options.
What is Negligence and What Does it Mean for My Monterey County Brain Injury Claim?
Negligence is one of the most important concepts in personal injury law. At its core, negligence is similar to carelessness—when someone fails to act with the level of caution that a reasonably prudent person would use under similar circumstances.
Most injury victims must prove negligence to recover compensation after an injury. Even if you were seriously hurt, you must prove all elements of your case before you can recover damages.
The four elements of a negligence case include:
- A legal duty of care
- Some breach of duty, meaning a failure to exercise a reasonable amount of caution
- Causation, meaning that the defendant’s breach caused your accident
- You suffered damages, or physical, personal, and financial losses
Understanding negligence is critical because it determines whether you can recover compensation—and how much. Establishing fault through careful investigation, medical documentation, and expert testimony gives you the best chance at securing the resources you need for treatment, rehabilitation, and long-term support.
What is the Statute of Limitations in a California Brain Injury Case?
A two-year statute of limitations applies in most California personal injury cases. That means you generally have two years from the date of the injury to pursue compensation.
Deadlines can vary depending on how your brain injury happened. Calling an experienced lawyer to learn about the time limits is the best way to protect yourself.
Contact a Skilled Monterey County Brain Injury Lawyer for a Free Consultation Today
Do you have questions about your legal right to compensation after a brain injury? Contact an experienced Monterey County brain injury attorney at Mercado Kramer, LLP today. Your consultation is free, so there’s no reason to wait.
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450 Lincoln Ave Ste. 102, Salinas, CA 93901
(888) 311-4050
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