Traumatic brain injuries (TBIs) are among the most severe and demanding disorders that occur because of accidents, falls, or sports injuries. In California, laws and regulations have been created to guard TBI victims’ rights and ensure they are adequately compensated.
Understanding Traumatic Brain Injuries
A TBI occurs when one’s head suffers a powerful impact or bump, generally leading to alterations in brain operations. TBIs can be mild or severe, with symptoms anywhere from a temporarily confused individual in the case of a concussion to long-term severe disability or fatality3. Car accidents, falls, sports injuries, etc, usually cause them.
Key Legislation in California
Traumatic Brain Injury Reauthorization Act of 2014: This federal law seeks to decrease the number of TBIs, support research studies on how to enhance control and prevention, and develop better ways to provide rehabilitation for TBI patients.
- Cal. Penal Code 13515.36 (2010 SB 1296): This law requires peace officers to undergo training for the treatment of persons with TBI or PTSD with dignity and respect..
- Cal. Education Code 49475 (2011 AB 25): Coaches and teachers must pull athletes out of physical play if there is suspicion of a concussion or head injury and must make sure they see a doctor to get medical clearance.
- Cal. Welfare and Institutions Code 4354-4359 (2009 AB 398): This law transfers the authority to provide services to TBI to the Department of Rehabilitation from the State Department of Mental Health.
Legal and Victim Rights of TBI Patients
According to the Law of California, people with TBIs have the civil rights to live anywhere, to work and to receive needed services and support, and to be free from abuse or exploitation and from being neglected. The state further ensures that individuals with TBIs are accorded respect, dignity, and fair treatment.
Legal Remedy Available to TBI Sufferers
People who have been diagnosed with TBIs due to another person’s negligence have a legal right to file a lawsuit. This is occasioned by car accidents, slip-and-fall incidents, medical malpractice, and other situations where negligence caused another person to suffer an injury4. Legal remedies may comprise payment of hospital bills, rehabilitation charges, lost earning capacity, and pension funds.
Resources for TBI Victims
PATBI stands for Protection and Advocacy for Individuals with Traumatic Brain Injury. It focuses on assisting people with TBIs and getting them necessary services from society’s available services. It is meant to enhance the quality of life for TBI victims and guarantee equal rights for them.
Lastly, the laws of California offer extensive legal protection to people with TBIs and equip them with tools essential for their productive and happy lives. For anyone involved in a TBI, either for him or herself or for a loved one, it is important to know your lawful right and seek the service of an attorney to ensure that you receive adequate compensation being owed to you.