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If You Sustain A TBI From A Car Accident, What Are Your Rights?

September 12, 2023
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Car accidents can be very serious, and if a car accident leads to a TBI, then you may be forced to deal with life-long health issues.

Being aware of your rights after receiving a TBI from a car accident and speaking with a California car accident attorney at Maire & Deedon will make it easier for you to obtain justice for the car accident you have gone through.

What Is A TBI?

The term “TBI” stands for “traumatic brain injury.” With that in mind, a traumatic brain injury is a type of brain injury that arises when a sudden trauma causes damage to one’s brain.

Just as an example, if you are in a car accident and violently hit your head on the windshield of your car, then, due to the suddenness of this trauma, it is possible to suffer a TBI.

A variety of symptoms can arise from a TBI. Each one of these symptoms is aligned with a particular type of TBI, and with that in mind, there are three different types of TBIs:

  • Mild TBIs.
  • Moderate TBIs.
  • Severe TBIs.

Every type of TBI comes with its own unique symptoms.

Some of the most common symptoms of a mild TBI are as follows:

  • Dizziness.
  • Headache.
  • Confusion.

Some of the most common symptoms of a moderate TBI are as follows:

  • Sustained nausea.
  • A headache that won’t go away.
  • Repeated vomiting.

Some of the most common symptoms of a severe TBI are as follows:

  • A loss of vision in one or both eyes.
  • Confusion and agitation.
  • Seizures and convulsions.

No matter the type of TBI that an individual receives, the symptoms can be very challenging to deal with.

If You Sustain A TBI From A Car Accident, What Are Your Rights?

A person who sustains a TBI from a car accident has a variety of rights. Some of the most important rights to be aware of with regards to suffering a TBI are as follows:

  • The right to reasonable accommodations from one’s employer.
  • The right to fair employment treatment.
  • The right to disability benefits.
  • The right to file a personal injury claim.

Every single one of these rights comes with its own implications and effects. Some of the most notable are as follows:

  • A person with a TBI has the right to reasonable accommodation in the workplace, meaning that someone with a TBI must receive the reasonable accommodation they need.
  • A person with a TBI cannot be the victim of unfair treatment at work or negative employment decisions that are made solely due to their TBI.
  • A person with a TBI has the right to disability benefits, provided they meet the criteria for the disability benefits program that they are applying for.
  • A person with a TBI has the right to file a personal injury claim against the party who instigated the car accident and, in turn, the TBI that they are currently suffering from.

Regarding the latter item, if a person with a TBI files a personal injury claim, they can obtain damages for the TBI that they are suffering from.

Speak With A Northern California Automobile Accident Lawyer Today

A TBI is a very serious injury, and if you received a TBI as a result of a car accident, you must speak with a Northern California automobile accident lawyer at Maire & Deedon today. We will assist you in obtaining the damages you deserve.