Santa Ana Traumatic Brain Injury Attorney
The human brain is incredibly complex, and the latest findings from the medical community still haven’t fully explained everything the brain is capable of doing. Unfortunately, the brain is also very delicate and vulnerable to many forms of injury. In addition, brain injuries are complicated to treat due to their unpredictable nature and tendency to cause symptoms that may not be immediately noticeable. As a result, many brain injury victims face very long and difficult roads to recovery from these injuries.
Legal Representation for Santa Ana, CA, Traumatic Brain Injury Claims
When one party sustains a traumatic brain injury due to the actions of another party, the victim has the right to pursue accountability for their losses through a civil claim. Brain injuries tend to cause extensive immediate and long-term damage. Additionally, victims face a high risk of ongoing medical complications or permanent disabilities from these injuries. If you or a loved one is currently struggling in the aftermath of a traumatic brain injury that someone else caused, contact our firm. A Santa Ana traumatic brain injury attorney is the best resource for you to consult.
The right attorney can help you build a civil case against the party who caused your brain injury. Whether you sustained a brain injury or you must take legal action on behalf of a loved one recovering from a brain injury, Chris and Frank Accident Attorneys can assist you with your legal proceedings. Our team has years of experience handling complex personal injury claims in the Santa Ana, CA, area. As a result, we can leverage our expertise on your behalf in a brain injury claim.
Benefits of Hiring a Santa Ana Traumatic Brain Injury Attorney
Success with any civil claim requires meeting many procedural requirements and filing deadlines within the Orange County civil court system. If you are struggling in the aftermath of a traumatic brain injury, facing expensive medical bills, and your household is struggling from an inability to work and lost income, attempting to handle your case proceedings unassisted would make this challenging situation even worse.
Instead of trying to handle all these affairs alone, a Santa Ana traumatic brain injury lawyer can manage your civil claim proceedings while you recover with peace of mind. The right attorney can help you gather the evidence you need to prove fault for your recent brain injury. Additionally, an experienced legal team will know how to identify every channel of compensation available to a client who has sustained a catastrophic and life-changing injury.
Ultimately, your chances of success with any civil claim are much higher when you have reliable legal counsel advising you, and navigating your case proceedings will be much easier as well. The Chris and Frank Accident Attorneys team has extensive professional experience in representing complex personal injury claims, including many that have involved long-term or permanent damages. In every case we accept, our goal is to help our client approach their proceedings with confidence and maximize their final recovery.
How Do Brain Injuries Happen?
Brain injuries happen every day throughout the United States from a wide range of unpredictable causes. However, victims can file personal injury claims against those responsible for their damages when such injuries occur because of negligence or intentional misconduct. Some of the most commonly reported causes of brain injuries that lead to personal injury claims in Santa Ana, CA, are:
- Motor vehicle accidents, which are a leading cause of accidental deaths and injuries in the United States each year. If a negligent driver caused an accident that resulted in your brain injury, you could file an auto insurance claim against them to secure compensation for your losses. However, auto insurance alone is unlikely to cover the full extent of your losses if you or a loved one suffered a brain injury. A Santa Ana traumatic brain injury attorney can assist you in building a personal injury claim against the at-fault driver.
- Slip and fall incidents. The premises liability laws of California require all property owners to take appropriate care of their properties and address known safety hazards as promptly as possible. When property owners neglect to address known safety issues or fail to warn lawful visitors of known dangers, slip and fall injuries may result in traumatic brain injuries.
- Birth injuries. A newborn can suffer a permanent brain injury due to medical malpractice. If a doctor performing delivery fails to use reasonable care and the child suffers oxygen deprivation, they may develop cerebral palsy and a host of other possible complications.
- Interpersonal violence. California, unfortunately, has a relatively high rate of violent crime, and various forms of violence can result in brain injuries. For example, if you or a loved one suffered a brain injury from an intentional assault or armed robbery, the party responsible faces felony prosecution and civil liability for your damages.
- Workplace accidents. If you sustained a brain injury at work, you likely qualify to file a workers’ compensation claim through your employer’s insurance carrier. It’s best to work with an experienced workers’ compensation attorney for this process, but you could have grounds for further legal action with a civil claim in some cases. In addition, if a third party outside of your workplace caused your brain injury while you were working, you likely qualify to file both a workers’ compensation claim and a personal injury claim.
When head injuries occur, victims typically require immediate medical attention. Even seemingly mild brain injuries can cause a host of adverse symptoms, but some victims may not immediately feel the full effects of their injuries. A head injury victim requires careful treatment and monitoring after their injury. In addition, the victim may not be able to handle their legal affairs on their own due to the severity of their condition.
Whether you are struggling in recovery from a brain injury or representing a loved one in recovery, Chris and Frank Accident Attorneys can help you gather the evidence you need to establish liability for your brain injury and the associated damages. Our team can gather physical evidence from wherever your accident occurred, such as traffic camera recordings that may have captured your vehicle accident or security camera footage that shows how a slip and fall occurred.
Your legal team may need to secure statements from any eyewitnesses who saw your injury happen. When a brain injury case involves complex questions of liability and unclear details, your attorney may seek input from outside experts. Expert witnesses like accident reconstruction experts, medical treatment professionals, engineers, and others can play essential roles in personal injury claims. The lawyers at Chris and Frank Accident Attorneys have an extensive professional network of resources we can leverage on your behalf in a Santa Ana brain injury claim.
Proving Liability for a Traumatic Brain Injury
Success with your personal injury claim in California hinges on your ability to prove the foundational elements of negligence in your case. First, you must identify the party or parties you believe to be responsible for your damages and then show proof of the full extent of those damages. Next, you must leverage evidence and testimony to prove the defendant named in your complaint failed to meet a duty of care and that this directly resulted in your claimed losses.
This process of proving liability will differ from case to case. Again, you can rely on your Santa Ana traumatic brain injury lawyer to offer valuable guidance as you navigate your proceedings. However, once you can firmly prove the defendant’s fault for your brain injury, you can hold them accountable for all the losses you sustained because of this incident.
Claimable Damages in a Santa Ana, CA, Brain Injury Case
Brain injuries can occur from blunt force trauma to the head, which may lead to concussions or contusions on the brain’s surface. These injuries can also happen from oxygen deprivation, one of California’s most commonly reported birth injuries. When the brain is deprived of oxygen, even for a very brief time, brain cells will start to die very quickly, potentially resulting in permanent cognitive changes, learning disorders, and various other adverse symptoms that may or may not improve or worsen over time.
Penetrating head injuries are some of the most severe physical injuries anyone can sustain, and they involve objects piercing the skull and damaging brain tissue. Gunshots and explosive debris are two of the most common causes of this type of brain injury.
The victim of any brain injury will likely require intensive immediate medical treatment to stabilize their condition, followed by long-term ongoing care. Brain injuries can cause a host of unpredictable symptoms to the victim, some of which may not be immediately noticeable. Other symptoms may appear to improve only to re-emerge months or even years later. Many brain injury victims face lifelong disabilities from these experiences, sometimes preventing them from working and living independently.
In a traumatic brain injury case, the defendant is liable for all medical expenses the plaintiff incurs due to their actions. Your Santa Ana traumatic brain injury lawyer will help you calculate the total medical expenses you can include as economic damages in your lawsuit, factoring in the long-term treatment you or the victim will likely require.
Brain injuries can easily leave the victim unable to work for a very long time, and a close family member may need to take time away from work to care for them. Therefore, if your household has lost income due to a recent brain injury, the defendant in your civil claim is responsible for compensating for these lost wages. Additionally, if there is any lost future earning capacity from the injury, such as a permanent disability that prevents the victim from returning to work, the defendant is responsible for these losses as well.
If the defendant’s actions also caused property damage to the victim and their family, these losses are also claimable as economic damages. If the defendant was egregiously negligent or acted illegally in any manner that resulted in the brain injury in question, the judge handling the case may include punitive damages as part of the case judgment. As the name suggests, punitive damages aim to punish the defendant’s behavior and discourage similar incidents from happening in the future.
Pain and Suffering Compensation for a Brain Injury
While the economic and punitive or statutory damages you obtain from your brain injury claim may be substantial, the pain and suffering compensation you receive could form the bulk of your total recovery. California state law allows you to seek compensation for physical pain, psychological anguish, and emotional distress caused by a defendant’s actions. Brain injuries are painful and highly damaging, and many victims face lifelong complications because of these incidents. Your Santa Ana traumatic brain injury attorney will assess the severity of the victim’s condition and the permanent complications they meet to determine an appropriate amount of pain and suffering compensation to include in their civil claim.
If a plaintiff is likely to recover completely from their brain injury and face minimal long-term adverse symptoms, their attorney may seek an ongoing pain and suffering agreement with a per diem calculation. This would award compensation each day until the plaintiff recovers completely. On the other hand, if the plaintiff suffered a catastrophic brain injury likely to result in permanent disability, their attorney would likely be more inclined to seek a large lump sum of pain and suffering compensation. Your attorney can help you determine the best way to calculate reasonable pain and suffering compensation in your case.
What to Expect From Your Santa Ana Brain Injury Lawyer?
The civil claim process can be time-consuming and stressful, but your legal team can provide the ongoing support and guidance you need to recover as fully as state law allows. Your Santa Ana traumatic brain injury attorney will assess the details of your injury and help you file your complaint against the defendant. This complaint will explain your reasoning as to why the defendant is liable for your damages and include a complete and detailed list of those damages. You may need to submit supporting documentation with your complaint, and the defendant will have the opportunity to respond.
At this point, the defendant could accept responsibility for your damages and agree to a settlement. Negotiating a mutually acceptable settlement may not take very long, depending on the details of your case. However, if the defendant contests liability or argues against the damages included in your complaint, the case may need to proceed to litigation.
Chris and Frank Accident Attorneys strive to settle our clients’ cases as swiftly as we can whenever possible, ensuring they receive appropriate compensation quickly. However, if settlement is not an option, our team will guide you through the litigation process as efficiently as possible and provide ongoing support until you reach a favorable outcome for your case.
FAQs About Santa Ana, CA TBI Law
What Happens If I’m Partially Responsible for My Damages?
In the event that you are partially liable for the incident that caused your brain injury, California’s pure comparative negligence law would apply to your case. This law states that you still have the right to seek compensation for your damages, but you would lose a percentage of the final case award equal to your percentage of fault in causing the accident. Your attorney can address any concerns you may have about how comparative negligence comes into play in your case.
How Much Is My Head Injury Claim Worth?
You have the right to seek economic and non-economic damages in a personal injury claim for a brain injury. Your economic damages are easier to prove with appropriate documentation, and your attorney can also help you make a compelling case for non-economic damages. Ultimately, every case is unique, but the right attorney can help you secure far more compensation than you may have initially expected.
Is It Worth Hiring a Santa Ana Traumatic Brain Injury Lawyer?
You and your family face many challenges after one of you suffers a traumatic brain injury, and attempting to handle your civil claim alone would make this already difficult situation even more challenging. Working with an experienced Santa Ana traumatic brain injury attorney significantly increases your chances of winning your case. In addition, you stand to lose far more than you could save on legal fees if you try to handle the case on your own.
How Much Will I Pay for a Santa Ana Traumatic Brain Injury Lawyer?
Most personal injury attorneys in California offer contingency fee agreements to their clients. With this billing arrangement, the client only pays a legal fee if their attorney wins their case and owes nothing upfront for their legal representation. The contingency fee is a percentage of the final case award. Make sure you fully understand an attorney’s billing policy before agreeing to their representation.
It’s understandable to have many legal questions after a brain injury resulting from another party’s actions. The lawyers at Chris and Frank Accident Attorneys have the skills, resources, and experience necessary to guide you through the most challenging personal injury claims. To discuss your case with a Santa Ana traumatic brain injury attorney, contact us today and schedule your consultation with our team.
Santa Ana Practice Areas
- Santa Ana Personal Injury Lawyer
- Santa Ana Car Accident Lawyer
- Santa Ana Motorcycle Accident Lawyer
- Santa Ana Truck Accident Lawyer
- Santa Ana Wrongful Death Lawyer
- Santa Ana Dog Bite Lawyer
- Santa Ana Slip and Fall Lawyer
- Santa Ana Pedestrian Accident Lawyer
- Santa Ana Bicycle Accident Lawyer
- Santa Ana Rideshare Accident Lawyer
- Santa Ana Traumatic Brain Injury Lawyer
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