Irvine Traumatic Brain Injury Attorney
The human brain has incredible capabilities, and the latest medical research hasn’t yet uncovered everything that it can do. Unfortunately, despite its incredible importance to every aspect of human life, the brain is highly vulnerable to physical damage. When a traumatic brain injury occurs, the victim may need immediate lifesaving medical treatment, and even perfectly administered care may not prevent all the effects a serious brain injury can have on the victim.
Representing Victims of Traumatic Brain Injuries in Irvine, CA
If you or someone you love suffered any kind of traumatic brain injury recently due to another party’s actions, an Irvine traumatic brain injury attorney can help you determine whether you have grounds for legal action against them. The right attorney will not only help you ensure liability for your brain injury but will also help you maximize your recovery to the fullest extent possible under California law.
Chris and Frank Accident Attorneys offers compassionate and client-focused legal representation to personal injury clients in the Irvine, CA, area and surrounding communities of California. We can understand the difficulties you could have in weighing your legal options while you or a loved one struggles in the aftermath of a traumatic brain injury. The sooner you secure legal counsel from a trustworthy Irvine traumatic brain injury attorney, the better your chances of securing a favorable outcome for your case.
Benefits of Legal Representation for a TBI Claim
Technically, there is no strict legal requirement to hire an attorney when you intend to pursue a personal injury claim. However, succeeding with a claim by yourself would be incredibly difficult, and even if you managed to win your case by yourself, you would be unlikely to secure as much compensation as an experienced attorney could obtain on your behalf.
Working with an Irvine traumatic brain injury attorney means you can focus on recovery while your legal counsel handles your case. Whether recovering from an injury or helping a loved one in critical condition, Chris and Frank Accident Attorneys can provide ongoing updates as your case progresses and help you form a comprehensive legal strategy for obtaining recompense for your damages.
A traumatic brain injury claim is likely to involve significant damages, and California allows the victim of a personal injury to seek full recovery of all the losses they sustained from a defendant’s actions. Your Irvine traumatic brain injury attorney will assist you in calculating all claimable economic damages to ensure your financial needs are addressed during and after recovery. In addition, when a brain injury causes long-term or permanent damage and interferes with the victim’s ability to work and/or live independently, these effects are worthy of compensation as well under California law.
Ultimately, you are most likely to win a personal injury case with the help of an attorney, and you are also more likely to maximize your final case award. An experienced Irvine traumatic brain injury attorney can help their client account for immediate losses that occur after their injuries and calculate anticipated losses for necessary ongoing medical treatment and persistent economic harm from the incident in question.
What to Expect From Your Irvine Traumatic Brain Injury Attorney
When you choose Chris and Frank Accident Attorneys to represent you in a traumatic brain injury claim, we will assist you first by identifying the defendant or defendants bearing fault for the injury in question. Next, we will help you gather the evidence needed to firmly establish liability for your injuries and help you prove the full scope of your damages.
Filing any personal injury claim in California requires meeting very strict procedural rules and court filing deadlines. Mistakes, delays, or missed filing deadlines can lead to significant issues with any civil claim. Your Irvine traumatic brain injury attorney will handle these issues and other pretrial concerns on your behalf so your case can proceed as efficiently as possible.
Most personal injury claims filed in California end in private settlement negotiations. A swift settlement benefits both the plaintiff and the defendant. The former receives compensation more quickly than they would through a trial and has more influence over the outcome, while the latter can put the situation behind them and resolve their liability as soon as possible. However, settlement may not be possible in every case. A defendant could contest their liability and/or dispute the range of damages sought by the plaintiff. Nevertheless, if a case must unfold in court, you can trust Chris and Frank Accident Attorneys to provide the robust litigation support you need to navigate court proceedings as effectively as possible.
Common Causes of Brain Injury Claims in Orange County, California
Brain injuries happen in several ways every day throughout California. However, the most commonly reported causes of traumatic brain injuries that generate civil disputes for damages include:
- Motor vehicle accident claims. Auto insurance may offer some compensation for a brain injury sustained in a car crash, but the victim may need to pursue further legal action against the at-fault driver for the best chance to secure full compensation for their damages.
- Workplace injuries. Some workplaces are inherently dangerous. When an employee suffers a traumatic brain injury at work, they can likely file a workers’ compensation claim. However, they could also be able to make a personal injury claim, depending on how their brain injury happened and who caused it.
- Premises liability. When property owners fail to take appropriate care of their properties, lawful guests and visitors could suffer life-changing injuries. If you must file a premises liability claim for a brain injury, your attorney will be an invaluable asset in holding the property owner accountable for your losses.
- Illegal actions, such as driving under the influence or assault and battery. If a person suffers a traumatic brain injury because of intentional and/or criminal action from another party, the at-fault party faces criminal prosecution and liability for the victim’s damages.
If you think another party directly caused a recent brain injury to you or someone you love, you likely have grounds for a personal injury suit against them. The first step in success with your civil action will be accurately identifying the party or parties responsible for the injury before firmly establishing their liability with evidence and witness testimony.
Proving Fault for Personal Injury in Orange County
The personal injury laws of California require a plaintiff to accurately identify the defendant responsible for their claimed damages, prove the full extent of those damages, and prove that those damages directly resulted from the defendant’s negligence or intentional misconduct. This may sound straightforward, but proving fault for a personal injury is difficult in some cases.
Your Irvine traumatic brain injury attorney can determine what evidence you need to prove fault for your damages. For example, if you sustained a brain injury in a motor vehicle accident, your attorney may seek copies of the other driver’s cell phone records, traffic camera recordings, and statements from other drivers who saw the accident to prove fault.
Damages and Compensation in an Irvine Brain Injury Claim
Establishing liability for a traumatic brain injury is just one part of success with a civil case. After you and your attorney have proven that the defendant is directly responsible for your traumatic brain injury, you must provide proof of the full range of economic damages their actions caused. In California, a personal injury plaintiff can seek repayment of economic damages, including:
- Medical expenses. Brain injuries can cause symptoms that persist for years, and many victims face hosts of adverse symptoms from these injuries. Therefore, the defendant is responsible for all medical care the plaintiff requires for their traumatic brain injury immediately after the injury occurs and in the future.
- Lost income. A serious traumatic brain injury can easily prevent the victim from working for an extended period, or they could be left unable to work at all in the future due to the severity of their injury. Therefore, the defendant is responsible for any income the plaintiff loses during their initial recovery, and if they cannot go back to work because of their brain injury, the defendant is responsible for their lost earning capacity.
- Property damage. If the defendant’s actions also damaged or destroyed the plaintiff’s personal property, you may cite the cost to fix or replace the damaged property as economic damages in a personal injury suit.
Once you calculate the full scope of economic damages you can include in your traumatic brain injury claim, you may be surprised to discover that your claim is worth much more than you originally expected. However, California law allows you to seek compensation for non-economic damages as well. You can recover a significant compensation amount that reflects the pain and suffering you experienced because of the defendant’s actions.
Your Irvine traumatic brain injury attorney will help you determine a suitable recompense for your pain and suffering to ask for in your claim. For many plaintiffs who suffered permanent harm from their brain injuries, the pain and suffering compensation they obtain from successful personal injury claims often eclipses the compensation they secure for all their economic damages combined.
FAQs About Irvine, CA TBI Law
How Much Is My Brain Injury Claim Worth?
Considering the scope and severity of the effects a brain injury can have on a victim, it’s very likely for any personal injury claim for a brain injury to involve significant damages. However, the exact value of any personal injury claim hinges on many variables that are unique from case to case. Your Irvine traumatic brain injury attorney can provide a reasonable estimate of the total potential value of your brain injury claim.
How Do You Prove the Effects of a Traumatic Brain Injury?
Brain injuries typically entail a host of physiological effects and symptoms that cannot be visually detected with imaging machines. Your Irvine traumatic brain injury attorney should consult relevant medical professionals who can provide expert opinions on your injury, its likely effects, and the complications you can face in the future. Expert witness testimony can be incredibly potent for any personal injury claim involving catastrophic injuries.
What Happens if a Plaintiff Is Partially Liable for a Personal Injury?
If a plaintiff bears partial fault for causing their claimed damages, California state law dictates they may still recover compensation for their personal injury. However, they lose a percentage of the case award equal to their fault percentage in causing their damages. For example, if a plaintiff is found to be 25% at fault for their damages, they lose 25% of their final case award. Your Irvine traumatic brain injury attorney is the best resource to consult if you have concerns about comparative negligence in your civil case.
What Are the Most Common Types of Traumatic Brain Injuries?
The four most commonly reported types of traumatic brain injuries are:
- Concussions, which happen when the brain strikes the inside of the skull.
- Contusions, which are characterized by bruising and/or bleeding on the brain’s outer surface.
- Axonal brain injuries, which happen when the brain is deprived of oxygen.
- Penetrating brain injuries, in which an object has pierced the skull and ruptured the brain.
Is It Worth Hiring an Irvine Traumatic Brain Injury Attorney?
If you are facing any difficult personal injury claim, the right attorney will be able to significantly impact the quality of your experience with the personal injury claim process and the outcome of your case. When you choose Chris and Frank Accident Attorneys to fight for you, our representation costs nothing upfront, and you will only be responsible for legal fees after we win your case. Even when accounting for the cost of representation, hiring an Irvine traumatic brain injury attorney to represent you can offer the best possible outcome to your brain injury case.
Chris and Frank Accident Attorneys understands the stress and uncertainty that can follow any personal injury, especially one as potentially damaging as a traumatic brain injury. Whether recovering from your own injury or helping a loved one recover, we can offer the legal counsel you need to navigate this difficult time with greater confidence and peace of mind. Contact Chris and Frank Accident Attorneys today to set up a consultation with an experienced and compassionate Irvine traumatic brain injury lawyer.
Irvine Practice Areas
- Irvine Personal Injury Lawyer
- Irvine Car Accident Lawyer
- Irvine Motorcycle Accident Lawyer
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- Irvine Slip and Fall Lawyer
- Irvine Pedestrian Accident Lawyer
- Irvine Bicycle Accident Lawyer
- Irvine Rideshare Accident Lawyer
- Irvine Traumatic Brain Injury Lawyer
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