Los Angeles Brachial
Plexus Injury Lawyer

A brachial plexus injury can change your life in an instant, leaving you with pain, loss of function, and an uncertain future. You might feel overwhelmed, wondering how you’ll recover physically and financially. At Law Offices of Samer Habbas & Associates, PC, we understand the emotional and physical toll this injury can take. You deserve to know your options, and we’re here to help. In this piece, we’ll explain the different types and causes of brachial plexus injuries, your legal rights, the financial compensation you may be entitled to, and how a brachial plexus injury attorney could fight to get you justice.

What Is a Brachial Plexus?

A brachial plexus is a network of nerves located in the neck and shoulder area. It controls movement and sensation in the arm, hand, and some parts of the shoulder. These nerves originate from the spinal cord in the neck and branch out through the arm, sending signals that allow you to move your arm and feel touch, temperature, and pain.

Types and Causes of Brachial Plexus Injuries

• The first type of brachial plexus injury is neurapraxia. This is when the nerves are stretched but not torn, and while the injury can be painful, it often heals on its own over time.
• The next type is a rupture, which occurs when the nerve is torn but not at the spinal cord. Ruptures can be more serious, requiring medical treatment or surgery to repair the nerve damage.
• The third type is an avulsion, the worst form of brachial plexus injury, as your nerve is torn away from your spinal cord. Avulsions are often permanent and may result in loss of function or sensation in the affected area
• Lastly, a neuroma occurs when scar tissue forms around the nerve after an injury, compressing it and potentially causing pain or reduced function.

One common cause of a brachial plexus injury is a car accident. In a collision, your shoulder may be forcefully moved, stretching or tearing the nerves. Another cause is medical malpractice during childbirth. If your baby’s shoulder gets stuck in the birth canal, excessive force during delivery could cause nerve damage. Workplace accidents are also a significant cause, especially if you’re involved in heavy machinery or construction work where your shoulder is suddenly pulled or compressed. Finally, slip and fall accidents can result in a brachial plexus injury if your shoulder or neck is impacted in a way that stresses the nerves.

How a Serious Brachial Plexus Injury Affects Victims

A brachial plexus injury can have a significant impact on your life, both physically and emotionally. You may experience anything from weakness and numbness to complete loss of function in the affected arm. In some cases, this kind of injury can lead to chronic pain or even permanent disability, making it difficult to take care of daily tasks or enjoy activities you once loved. Medical bills can pile up quickly, especially if surgery, physical therapy, or long-term care is needed. You may also be unable to return to your job, leading to lost wages and future earning capacity.

Figuring Out Who Is Liable

In medical settings, brachial plexus injuries often occur during childbirth. In these cases, medical professionals, such as doctors or nurses, may be liable if they acted negligently or failed to follow proper procedures. For example, if a doctor used excessive force or failed to anticipate complications, they could be held responsible for the resulting injury. California’s medical malpractice laws allow you to seek compensation if negligence by healthcare providers caused the injury.

If your brachial plexus injury resulted from a car accident or a workplace incident, different parties might be liable. In a car accident, the at-fault driver could be held responsible if their negligence—such as speeding or reckless driving—led to your injury.

If the injury occurred at work, your employer could be liable under California’s workers’ compensation laws. These laws provide benefits to employees injured on the job, regardless of fault. However, if a third party’s negligence, such as a defective product or another contractor, caused the injury, you may be able to file a separate personal injury claim.

In some cases, product manufacturers can also be liable if a defective product, such as faulty surgical equipment, contributed to your injury.

Taking Legal Action

Before you take action, it’s a good idea to gather as much information as possible about how the injury happened and the impact it’s had on your life. These details can be helpful whether you’re filing a claim with an insurance company or moving forward with legal action.

It’s important to know that insurance companies don’t always offer fair settlements right away. They may try to limit how much they pay out, so it’s important to be prepared to negotiate. If a settlement can’t be reached, a lawsuit may be necessary.

In a lawsuit, you’ll need to establish that the other party was responsible for your injury and show how the injury has affected you. Legal cases like these often involve gathering evidence such as eyewitness accounts, accident reports, or expert testimony. A trial can take time, but it gives you the chance to present your case in front of a judge or jury.

The statute of limitations is another important factor. Missing this deadline could prevent you from seeking any compensation for your injury, so it’s important to act quickly after the injury occurs.

Lastly, keep in mind that every case is different, and the process can feel overwhelming. Taking the time to understand your options and acting promptly can put you in a stronger position to recover from the challenges caused by a brachial plexus injury.

Damages Victims Can Recover

Given the profound impact of a brachial plexus injury, it’s important to know that you may be entitled to compensation. The types of damages you can recover typically fall into two categories: economic and non-economic.

• Economic damages cover the financial losses you’ve suffered. This includes medical expenses, from immediate treatment to ongoing rehabilitation or any assistive devices you may need. If you’re unable to work, either temporarily or permanently, you can seek compensation for lost wages and diminished earning capacity. Additionally, if your injury requires you to hire help for daily tasks, these costs may also be recoverable.
• Non-economic damages, on the other hand, compensate for the more personal and emotional losses you’ve endured. This includes the pain and suffering caused by the injury, the emotional distress from losing your mobility or independence, and the loss of enjoyment of life.

Contact The Los Angeles Brachial Plexus Injury Attorney Samer Habbas

If you’ve suffered a brachial plexus injury due to another’s negligence, you deserve compensation. The lawyers at Law Offices of Samer Habbas & Associates, PC are here to stand up for your rights. Whether your injury happened in an accident, at work, or during a medical procedure, we’re ready to help you secure the compensation you deserve. Contact Law Offices of Samer Habbas & Associates, PC by calling 949-727-9300 or contacting us online for a free consultation with a brachial plexus injury attorney.

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