ORANGE COUNTY BRAIN INJURY LAWYER
Traumatic brain injuries (TBI) have brought some of the most tragic personal injury cases to Nordean Law. While physical injuries can debilitate victims in horrific ways, the most severe TBIs rob victims of their memories, relationships, peace of mind, and even their personalities.
While therapy helps in these severe cases, it has limits. Once parts of the brain are deprived of oxygen long enough, the cells never fully regenerate. The cost for rehabilitation, lifelong care, and suffering, measured in dollars, runs into the millions.
Why Choose Nordean Law For Your Brain Injury Claim In Orange County?
Nordean Law handles personal injury cases, and we have seen our share of TBI. In some cases, mild TBI is part of more extensive physical injuries from trauma, such as a car accident. For these cases, we never let the defense get away with minimizing the impacts of TBI on someone’s life.
For instance, even if a person recovers well enough to walk, talk, and live normally, they may permanently lose the cognitive skills needed to perform their professions or be able to return in a diminished capacity. Full compensation means payment for all the damages, whether medical bills or lost future income.
In addition, we understand the pain and suffering of the victims and their families. Watching a loved one lose memories and seeing their ability to participate in family life go away has devastating consequences for the person, the spouse, the children, and the entire family. These represent actual costs, even if a family never receives a bill for them. Nordean takes cases as far as they need to go to win their clients, all to which the law entitles them. Also when we win our client’s cases we pay them.
Do I Need a Lawyer for a Brain Injury Claim In Orange County?
Yes. A lawyer provides an essential service to victims of TBI. California is a pure comparative negligence state. This means that out of a theoretical 100% liability “pie,” courts assign each party a slice between 0% and 100%. For instance, in a three-party accident, a jury may find one party 100% liable and the other two parties 0% each. On the other hand, it could assign a share of the liability to all three parties. For instance, 10%, 30%, and 60% to equal 100%.
If you suffered a severe TBI and sustained $1,000,000 in damages, each percentage of liability you are assigned reduces the award by $10,000; so, if the other side convinced the jury you bear 60% responsibility, your award is $400,000; however, if it decides you bear 30% liability, your award stands at $700,000. Should it decide you are fully liable, you receive nothing.
Without legal representation, the other side’s lawyers are likely to transfer a significant amount of liability unfairly onto you. Nordean Law’s legal team fights through the discovery, summary judgment, trial, and appeals processes to win you the full amount to which you are entitled.
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Common Type Of Brain Injuries
TBIs result from head injuries, including bumps, blows, blunt force trauma, and penetrating trauma. The impact jars the brain within the skull, causing bruising, bleeding, and the shearing of nerve fibers.
As with other body parts, the brain swells in response to injury. Unlike other parts of the body, the skull tightly contains the brain, leaving little room for expansion without more bleeding and lost blood circulation. Swelling starves parts of the brain of oxygen. Without prompt intervention, cells within the oxygen-deprived parts of the brain die.
Common Causes Of Brain Injuries
TBI has no limit on the number of causes, but the most common include the following:
Motor Vehicle Accidents
Motor vehicle accidents cause about 1/3 of TBI in the U.S. This statistic includes car-, motorcycle-, bike-, scooter-, and truck crashes. From a legal standpoint, establishing degrees of fault is key to winning just compensation.
Falls rank as the #1 cause of TBI in the United States. Slip-and-fall accidents frequently occur in nursing homes, hospitals, workplaces, construction sites, shopping malls, and retail stores. Often, courts rule commercial property owners at fault because they have a duty of care to ensure the safety of people on the property.
For instance, a jury may hold a nursing home at fault for an employee’s neglect to safeguard a patient; likewise, a shopper at a retail store can bring suit against the owner if they slipped on spilled liquid.
Assaults, whether with fists or weapons, frequently result in TBI. While such a violent offender likely faces criminal prosecution, a conviction is unnecessary to win a personal injury case in California.
Few people participate in sports expecting an injury as severe as TBI. However, any contact sport comes with a substantial risk of TBI. For evidence, consider Muhammad Ali, who suffered pugilist Parkinsons, and NFL players, many of whom sustained chronic traumatic encephalopathy. But any sport, such as biking, rock climbing, and swimming, can result in TBI. The defense may aver that the plaintiff signed a waiver, but courts do not automatically grant a dismissal based on them.
A waiver cannot excuse negligence.
A blow to the head isn’t the only cause of TBI. If oxygen is cut off for too long, even when a person is sedated in a hospital bed, TBI happens. For instance, if a patient coded after being administered the wrong medication and suffered TBI, the result should be a medical malpractice lawsuit.
Effects of Brain Injury
Symptoms can be mild and short-lasting, such as after a concussion. In other cases, TBI lasts months, years, or a lifetime. When it becomes chronic, victims report the following:
- Unclear thoughts
- Difficulty remembering new information
- Headaches, vision problems, and dizziness
- Depression, anxiety, and anger
- Sleeping more or less than usual
Sufferers of long-term TBI may need assistance with daily tasks for years or life. They often have difficulty forming new memories, may forget past events, lose reasoning skills, struggle to regulate emotions, and undergo personality changes.
Treatment for Traumatic Brain Injury
While a mild concussion may require an ER visit but no further treatments, long-lasting and severe TBI requires substantial rehabilitation that produces mixed results.
To start, a therapist works with patients to help them focus on regaining lost cognitive skills, such as reestablishing physical orientation, speech therapy, and cognitive exercises. Generally, long-term rehab is required, and severe cases may result in a permanent assisted living situation. Specialists who treat TBI include speech-language pathologists, physical therapists, occupational therapists, and neuropsychologists. Their goal is to restore the highest level of independence and functioning possible.
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What To Do After Brain Injury In Orange County?
Brain injuries in Orange County occur everyday; in a county of this size, many auto accidents, slip-and-falls, and violent crimes occur. All of these incidents can lead to a brain injury.
If the injury is severe, you won’t be able to do anything right away. You will be unconscious, semi-conscious, or at least groggy. If possible, however, try to note what happened and remember what you can.
As soon as possible, write down anything you remember.
Contact our Orange County personal injury lawyer for a free consultation. Our litigation team has seen many similar cases and understands what you are going through. If you or a loved one is suffering from TBI, call Nordean Law as soon as possible.
How Does the Investigation Process Work?
Most personal injury cases start with interviewing the victim. However, in some TBI cases, this remains unchanged, though we welcome family members to provide moral support, especially when a TBI victim may struggle to recall details vividly.
Once we gain an understanding of the fact pattern, which occurs through reviewing reports, such as police, medical, and other relevant documents, and interviewing witnesses, we file a lawsuit against the liable party or parties.
The lawsuit gives us legal powers to subpoena additional documents, especially those held by the defendants. We may also hire accident investigators. Then, we participate in interrogatories or written questions presented for the opposing side’s witnesses to answer under oath. These, in part, form the basis for depositions, where we question witnesses face-to-face.
Many cases settle sometime between the filing of the complaint and the completion of depositions. As we gather evidence, the defense realizes they are fighting a losing battle and settles to avoid additional costs and, sometimes, embarrassment.
How Much Is My Brain Injury Case Worth?
Brain injury cases vary widely. It all depends on the impact on the plaintiff’s life.
Courts award damages for special (economic) and general (non-economic) damages. Special Damages include:
- Medical bills
- Hospital bills
- Physical therapy
- In-home care
- Long-term care
General Damages Include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium
Contact a Top-Rated Orange County Brain Injury Lawyer Today
At Nordean Law, we strive to achieve the best possible outcome for each client. Unfortunately, we cannot guarantee a specific outcome, but we can guarantee that our legal team gives their all to get you the most money possible for your brain injury claim.
Do not allow the insurance company to convince you that you do not need to hire a brain injury lawyer. The insurance company only cares about protecting its interests by paying you as little as possible for your car accident claim.
Before you speak with an insurance adjuster, sign insurance forms, or accept a car accident settlement offer, call 888-254-3222 to schedule a free case evaluation. We care about what happened to you and your family. Let us get justice for you from the negligent party who caused an injury.
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Orange County Brain Injury Lawyer
BRAIN INJURY LAWYER NEAR ORANGE COUNTY, CA
Hiring the right Brain Injury Attorney will make a significant difference in your challenging and stressful situation. You may spend many hours attempting to figure out what you should do next at Orange County Courthouse. You’ll lose hours of time trying to figure out what you need to do next if you don’t hire an attorney. Even more, you will also receive about 40% less when the settlement finally arrives, which will happen much faster with professional assistance.
Please contact us if you have any queries or would want to know what you could be owed. In California, you have two years from the date of injury to file a claim and sue for compensation. If you want to go it alone in court, the Orange County Courthouse is located at 700 W Civic Center Dr, Santa Ana, CA 9270. If you want to take professional help, our Brain Injury Lawyer in Orange County will be more than happy to help you.
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FAQs About Brain Injury In Orange County
What Should I Do Immediately Following a Brain Injury?
Your priority should be your safety and well-being. Once you have seen those, try to remember what happened and write it down when able. Contact a personal injury attorney as soon as possible.
What if the Accident Was Partly My Fault?
California follows a pure comparative negligence standard. Under this approach, each party is assigned a percentage of fault between 0% and 100%. You can collect so long as you are less than 100% liable.
Is There a Time Limit to File My Case?
Yes. You must file your claim within two years of the incident, with few exceptions.
How Long Will It Take To Resolve My Case?
Many cases settle in 1-2 years; if a trial and appeals are necessary, it can take 2-5 years.
What Kind of Compensation Can I Receive in a Personal Injury Case Related to a Brain Injury?
The law entitles you to economic damages (such as medical bills and lost income) and non-economic damages (pain and suffering, etc.). In rare cases, you can win punitive damages.
How Much Does an Orange County Brain Injury Attorney Cost?
Nordean Law charges no upfront fees and nothing unless you collect. The contingency fee agreement covers all types of expenses, including attorney’s fees, expert witnesses, and court costs.