3 Things You Should Know After An Automobile Accident
Get the contact and insurance information of the other driver.
Do not talk to the insurance company or give a written or recorded statement to the insurance company without talking to Easton & Easton, LLP.
Call Easton & Easton, LLP as soon as possible so we can advise you what to do next.
Helping Families Of Victims With Compassionate Personal Injury Lawyers
The family of the victim in Orange County also struggles in frustration to bear the changes they see in their loved one. They have to watch these changes with no real ability to fix their loved one and with the fond recollection of the kindness, warmth, compassion, skill, intelligence, ability, and love that their loved one possessed before the injury.
These are extremely difficult aspects of TBIs. To properly and effectively explain them to a jury or judge requires delicate skill, compassion, and understanding. However, explaining these effects of a personal injury in Orange County is crucial in order for a trier of fact to be able to award a just amount to the injured plaintiff and her family members.
Proving Liability for a Traumatic Brain Injury in Orange County
Before you will be able to recover compensation for any damages in a personal injury case, you must prove how those damages happened. Success with your brain injury claim in Orange County will require proving exactly how your injury happened and identifying the party or parties responsible for causing it. Some of the most common causes of traumatic brain injuries include motor vehicle crashes, workplace accidents, and acts of violence.
Your traumatic brain injury (TBI) attorney in CA can help gather physical and digital evidence along with witness testimony to assist you in proving fault. They can also be invaluable for the help they can provide in proving the full extent of your claimable losses. After identifying the party who caused your injury, you can proceed with filing your claim. It is possible for more than one defendant to bear fault for a personal injury, but a plaintiff may also bear partial responsibility.
One potential issue to keep in mind as you begin the claim filing process is California’s law of pure comparative fault. Under this rule, a plaintiff may still recover compensation for damages they partially caused. However, they lose a percentage of their final case award to reflect their shared liability. For example, if a plaintiff is seeking $500,000 in damages but they bear 10% fault, they lose 10% of their case award or $50,000 as a penalty.
Resolving Your Personal Injury Claim in Orange County
Your Orange County brain injury lawyer is your most valuable asset when it comes to establishing liability for your damages and maximizing the recovery you obtain from the party responsible for causing the accident. Once you have proven liability, you can proceed with claiming compensation for all the damages associated with your brain injury. Most personal injury claims filed in the state each year settle outside of court.
If you can successfully prove liability for a brain injury, the defendant will be liable for all associated economic damages, including anticipated future losses resulting from their actions. Additionally, state law does not cap pain and suffering compensation except in medical malpractice cases. For all other claims, plaintiffs may seek as much as they believe appropriate to reflect the severity of the harm they suffered.
The attorneys at Easton & Easton approach every personal injury case we accept with the goal of helping our client maximize their recovery in the most efficient manner. Our firm can uncover all the various avenues of compensation you can explore in your claim and help develop a comprehensive legal strategy aimed at maximum recovery. We will aim to settle your case quickly if possible, but we are prepared to represent you in court if necessary.
Q: Are Brain Injuries Permanent?
A: One of the most difficult aspects of treating brain injuries is their unpredictability. It’s possible for a brain injury victim to experience a wide range of symptoms that change over time. It’s also possible for a seemingly mild brain injury to have profound effects or for a seemingly serious injury to cause minimal long-term disruption to the victim’s life. Ultimately, any brain injury has the potential to cause serious long-term or permanent harm to a victim.
Q: Will a Defendant Go to Jail for Causing a Brain Injury?
A: Whenever a party is found liable for a personal injury, they are responsible for repaying the victim’s damages. However, if they caused the injury through some illegal act, they would also face criminal charges from the state. They may be required to pay restitution and/or punitive damages alongside their other owed damages to the victim, and jail time is often assigned to defendants who have inflicted great bodily harm with their illegal actions.
Q: How Much Can I Recover From a Brain Injury Claim in Orange County?
A: The total value of a personal injury case hinges on the scope of the victim’s damages. You have the right to seek compensatory damages for all the direct financial losses you suffered because of the defendant’s actions, and you have the right to seek compensation for non-economic damages like physical pain, emotional distress, and diminished quality of life. Your TBI attorney in CA can estimate your claim’s total value.
Q: How Long Do I Have to File a Personal Injury Claim for a TBI?
A: The state upholds a two-year statute of limitations for most personal injury claims. The statute of limitations begins on the date an injury occurred or on the date the victim discovered they had been harmed by another party. Do not assume that two years is plenty of time for filing your case; it may take longer than you expect to build the foundation of your claim, and the sooner you connect with an attorney, the more likely you are to succeed with your recovery efforts.
Q: What Are Attorney Fees for an Orange County Brain Injury Lawyer?
A: The team at Easton & Easton offers a contingency fee billing policy, meaning we take a percentage of your final case award as our fee only after we have won your case. There is no upfront cost for our representation, and you pay no attorney fees if we cannot secure a recovery for you. This billing policy aims to make legal counsel more accessible to those who need it most and allows our clients to approach their recovery efforts with confidence.
The brain injury attorneys at Easton & Easton, LLP are experienced at proving these delicate issues to the court. We understand how to explain, demonstrate, and show the impact of these changes to a judge or jury through effective witness testimony, “Day in the Life” videos, and oral argument, so that they can fully comprehend and appreciate the plight of both the victim and his family members. Our years of experience also allow us to seamlessly assess and coordinate medical care to make certain the full extent of our clients’ injuries are identified, treated, and provable.
We understand the tricks, stratagems, and defenses the insurance companies and their attorneys use to defeat or minimize a claim, and at Easton & Easton, LLP we utilize our experience, skill, and dedication to make certain our clients do not fall victim to the insurance companies’ tricks and stratagems.
You have a relatively short time in which to file your personal injury claim. Whether you are seeking compensation on your own behalf or on behalf of a severely injured family member, securing legal counsel as soon as possible is a tremendous benefit to your recovery efforts. Please call our Orange County brain injury lawyers at 800-461-8259 for a free initial consultation. If we do not take your case, there is no charge.