Orange County Traumatic Brain Injury Attorney
Traumatic brain injuries are some of the worst injuries anyone can experience. Whenever a traumatic brain injury happens, the victim faces an uncertain future and is likely to experience a wide range of negative symptoms, many of which can be incredibly disruptive to their life. Traumatic brain injuries can result in permanent disabilities. When you or a loved one is struggling with the aftermath of a traumatic brain injury that someone else caused, it’s natural to feel a mix of uncertainty, frustration, and desperation. Expensive medical bills and the inability to work can make a difficult situation even worse for you and your family.
Legal Representation for Traumatic Brain Injury Claims in Orange County, CA
If you are unsure what to do after suffering a traumatic brain injury in Orange County, you need to consult an experienced personal injury lawyer as soon as possible. An Orange County traumatic brain injury attorney is the best resource for you to discern your options for legal recourse, the best approach to securing compensation for your damages, and accurately calculating your claimable damages.
The attorneys at Chris and Frank have years of experience guiding clients through difficult personal injury claims in Orange County, including those pertaining to traumatic brain injuries. We understand the challenges and uncertainties any victim and their family are likely to face in this situation. Our goal is to help you approach your claim with confidence and understanding. You have a limited statute of limitations of two years in which to file your personal injury claim, so it’s vital to act quickly and secure legal representation so you can proceed with your claim with confidence as soon as possible.
Why You Need an Orange County Traumatic Brain Injury Lawyer
Don’t make the mistake of believing you can manage a complex personal injury claim without an attorney. While it may be technically possible to file and even win your case without legal representation, this is a difficult path for several reasons. Additionally, it will make an already challenging situation even more stressful due to the various procedural requirements you will face in the Orange County civil court system.
Some people think they can manage their own claims and save money on legal fees. The reality is that attempting this is often more costly than it would be to hire legal counsel. An experienced lawyer can guide their client through each stage of their case, helping them secure maximum compensation for their damages. They can also accomplish this more quickly than the average person could manage independently. If you are concerned about the potential cost of your legal representation, remember that you stand to lose much more if you do not have legal counsel on your side to assist you.
The team at Chris and Frank believes in making legal representation accessible to those who need it most. We offer contingency fee billing to our clients, meaning we don’t accept legal fees until we win your case, and our fee comes as a percentage of your total case award. This ensures your recovery and the legal representation you need to secure it, and we’ll carefully review our billing policy with you before you sign anything.
How Do Traumatic Brain Injuries Happen?
Traumatic brain injuries can happen in several ways. For example, most professional football players in the US have suffered at least one concussion, and sports-related injuries often entail traumatic brain injuries. While some individuals who sustain traumatic brain injuries from sports may have grounds for legal action, their sports organizations often have contractually bound obligations to provide medical treatment and disability benefits. Traumatic brain injuries that occur in other situations often lead to personal injury lawsuits. Some of the leading causes of traumatic brain injuries that lead to civil claims in Orange County include:
- Motor vehicle accidents are a leading cause of accidental injuries and deaths throughout the United States each year. When a negligent driver collides with another driver, the victim is likely to sustain serious injuries. If a recent car accident resulted in a traumatic brain injury to you or a loved one, you likely have grounds for a lawsuit.
- Slip and fall accidents. If you experience a slip and fall accident on someone else’s property, the property owner could be liable for your traumatic brain injury under California’s premises liability law. Your attorney can help you prove that the incident occurred due to the property owner’s failure to address a foreseeable hazard on their property.
- Interpersonal violence. Fighting, assault, and domestic violence are just a few examples of violence leading to traumatic brain injury. If someone else intentionally caused your head injury through a violent action, they will face criminal charges in addition to civil liability for your damages.
- Workplace accidents. If you sustained a traumatic brain injury at work in California, you have the right to file a workers’ compensation claim. However, if your employer does not have workers’ compensation, intentionally caused your injury, or a third party is responsible, your case is more complex. You may have grounds for further legal action beyond a workers’ compensation claim.
These are only a few examples of how traumatic brain injuries might happen in Orange County. Whatever your unique case may entail, if another party bears responsibility for the incident, you likely have grounds to file a personal injury claim against them.
Proving Fault for a Traumatic Brain Injury
A traumatic brain injury claim falls within the scope of personal injury law. This means that success with your claim will require the identification of the defendant responsible for your injury and establishing their fault for your damages. Almost all personal injury claims hinge on the legal concept of “negligence,” or a failure to exercise reasonable care. Your case will likely involve various factors that you must carefully consider, and your attorney can provide valuable support and guidance as you navigate the various stages of your case.
Building a successful personal injury claim requires establishing four critical elements of negligence:
- Duty of care. The plaintiff must identify the defendant or defendants responsible for their traumatic brain injury and explain the duty of care held in the given situation. For example, a driver has a duty of care to operate their vehicle attentively and avoid consuming drugs or alcohol before getting behind the wheel.
- Breach of duty. Next, the plaintiff needs to prove that the defendant failed to uphold their duty of care in the situation. This could be a direct action, such as distracted driving or driving under the influence (DUI) of alcohol, or inaction, such as failure to address a known slip and fall risk on private property.
- Damage. You can only file a personal injury claim if you suffered actual harm or a measurable loss of some kind. Your Orange County traumatic brain injury lawyer will assist you in calculating the damages you can add to your claim.
- Causation. The final step in establishing negligence is proving a clear link between the defendant’s negligence and the plaintiff’s claimed damages. Essentially, the plaintiff must prove their damages only occurred due to the defendant’s negligence and not some other cause.
If you can successfully establish these four components of negligence, you are likely to succeed with your traumatic brain injury claim. Gathering the evidence you may require for proving fault for your damages can be difficult, but the most challenging aspect of your claim is likely to be proving the full extent of your damages. Traumatic brain injuries are inherently complex and uncertain, and it may not be possible to ascertain the full scope of medical complications your brain injury will cause.
Medical Expenses for Traumatic Brain Injuries
California state law allows a personal injury plaintiff to recover compensation for any medical costs they incur due to a defendant’s actions. Many traumatic brain injuries require extensive immediate medical treatment, resulting in expensive hospital bills, ambulance fees, and other costly short-term medical expenses. However, most brain injuries will also cause long-term medical complications as well.
If you or your loved one suffered a brain injury that caused any long-term damage or permanent disability, you need compassionate help. You have the right to seek compensation for your projected future medical costs along with your immediate medical expenses. Your attorney can coordinate with your medical care team to help you assess the full scope of medical expenses you can legally include with your claim.
Lost Income After a Brain Injury
Brain injuries are tremendously harmful, and the victim will likely require an extensive recovery period during which they will not be able to work. You have the right to seek compensation for lost wages through your personal injury claim after suffering a head injury at work. Workers’ compensation may cover up to two-thirds of your average weekly wages until you can legally resume your job duties. However, if you have grounds for a personal injury claim, you can potentially obtain full compensation for all your lost income.
Many people who suffer traumatic brain injuries develop permanent medical complications and disabilities. If this applies in your situation, you may be unable to return to work at all. If a loved one suffered the brain injury in question, you might need to leave your job to provide constant in-home care and supervision. Your Orange County traumatic brain injury lawyer can help you obtain compensation for lost future earning potential along with lost income during the initial recovery period.
Other Possible Damages You Can Claim
Beyond medical expenses and lost income, the plaintiff in a personal injury claim has the right to seek compensation for all economic damages a defendant caused. For example, suppose you suffered a traumatic brain injury in a car accident. In that case, the at-fault driver’s insurance may only provide limited compensation for the cost of repairing or replacing your vehicle. You have the right to include property damage along with your other economic damages in your personal injury claim.
If your traumatic brain injury resulted from the defendant’s illegal activities, such as drunk driving or an intentional violent crime, the judge handling their criminal case could include restitution to you as part of their sentence. It’s also possible for the judge in your civil case to award you punitive damages at their discretion. As the name implies, punitive damages aim to punish a defendant’s egregious negligence or intentional misconduct and discourage similar behavior.
Pain and Suffering in a Traumatic Brain Injury Lawsuit
California state law allows personal injury plaintiffs to seek compensation for non-economic damages as well. Non-economic damages typically include physical pain, emotional distress, and psychological trauma inflicted by a defendant’s actions. This may sound difficult to prove in terms of a monetary value, but an attorney has several options for determining a fair amount of pain and suffering compensation to seek on a client’s behalf.
When a plaintiff’s injury is likely to heal completely with time and appropriate care, their attorney might seek a “per diem” pain and suffering arrangement with the defendant. This would award a set amount per day until the plaintiff recovers completely from their injury. However, most traumatic brain injuries result in significant long-term complications, and this may not be a suitable option for some plaintiffs.
In most traumatic brain injury claims, plaintiffs’ attorneys will seek larger lump sums for their clients’ non-economic damages. The attorney will multiply their client’s claimed medical expenses by a factor of two to five to reflect the severity of their injury. For example, suppose a traumatic brain injury incurs $200,000 in medical expenses and leaves the victim completely disabled and unable to work or live independently. In that case, their attorney could seek anywhere from $400,000 to $1 million in pain and suffering compensation or even more to reflect the severity of their circumstances.
How Can My Orange County Traumatic Brain Injury Attorney Help?
The best way to approach any personal injury claim in Orange County is to hire an experienced lawyer to represent you. Instead of navigating your claim’s procedural requirements on your own while managing your recovery, your attorney will handle your legal concerns on your behalf while you rest and recover with peace of mind.
Your attorney will be invaluable as you compile the foundation of your claim. They can help you gather evidence to prove exactly what caused your traumatic brain injury and who is responsible for causing it. They may need to subpoena different types of evidence, including a defendant’s cell phone records, vehicle computer data, or even traffic camera footage.
You can also rely on your attorney when it comes to calculating your damages. While the average person should be able to estimate their immediate economic damages, they may have no idea how to prove anticipated future losses caused by the defendant or how to substantiate a claim for pain and suffering compensation. It’s common for traumatic brain injury claimants to discover they are entitled to vastly more compensation than they initially expected once they have legal counsel on their side.
Q: How Much Is a Head Injury Lawsuit Worth?
A: Traumatic brain injuries vary widely in severity, so it is difficult to assign an average value to these types of personal injury claims. Your Orange County traumatic brain injury attorney will carefully review the details of your case and help you calculate the approximate value of the case award you could receive if you win.
Q: Is Traumatic Brain Injury a Permanent Disability?
A: Any traumatic brain injury has the potential to cause some level of permanent damage. However, some people may only need to manage increased susceptibility to future brain injuries. For example, a concussion may heal with little to no lingering issues, but the victim will be at increased risk of concussion. Many traumatic brain injuries are capable of causing profound disabilities, potentially preventing the victim from working or living independently.
Q: How Much Does It Cost to Treat Traumatic Brain Injury?
A: Traumatic brain injuries almost always require extensive immediate emergency treatment. Many victims will need ongoing medical care to manage their symptoms, and rehabilitation is also often necessary in these situations. The total cost of medical expenses, both immediate and future, can easily amount to tens of thousands or even hundreds of thousands of dollars.
You probably have many more questions about your situation if you or a loved one is struggling in the aftermath of a traumatic brain injury. It’s natural to feel distressed and uncertain about your situation, and the right attorney can make a tremendous positive impact on your life. A consultation with a prospective attorney is the best way to determine whether the attorney is the right fit for your case. You can ask specific questions about your claim and gauge the attorney’s willingness to represent you.
Traumatic Brain Injury Attorney Firm, Chris and Frank
If you are ready to discuss your legal options with an experienced Orange County traumatic brain injury lawyer, the lawyers at Chris and Frank are ready to assist you. Contact us today and schedule a consultation with our firm. We’ll review the details of your claim and help you determine the best approach to your recovery.
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