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Everything You Need to Know About Brain Injury Cases

Posted on 11/05/23 Personal Injury

A brain injury case is a type of personal injury claim where an individual who suffers a brain injury in an accident seeks financial compensation from one or more at-fault parties. These are complex cases that often require assistance from a skilled Orange County personal injury attorney . Learn more about a potential brain injury case by scheduling a free consultation with an attorney at Bridgford, Gleason & Artinian.

What Are the Required Grounds to File a Brain Injury Case?

Most personal injury claims, including brain injury cases, are based on the legal doctrine of negligence. If someone is negligent, he or she has committed an act or omission that falls short of the required duty or expectation of care based on the situation. A successful personal injury claim requires clear and convincing evidence that the accused party (defendant) is more likely than not to be responsible for the victim’s (plaintiff’s) injuries. 

Obtaining financial compensation for a brain injury requires proof that the injury was caused by the defendant’s negligence, carelessness, recklessness for wanton disregard for the safety of others. The elements necessary to prove negligence in a brain injury case are a duty of care, breach of duty, causation for the accident and damages suffered. Evidence used to establish negligence may include eyewitness statements, photographs and videos, records or documents, an accident report, and testimony from experts.

What Is the Average Value of a Brain Injury Claim in California?

No “average” settlement value will accurately apply to your brain injury claim. Every case is unique. Case values depend on factors such as the severity of the traumatic brain injury and its potential effects on the victim’s life. If a brain injury is catastrophic and causes permanent brain damage, for instance, a victim may receive a settlement that is six or seven figures. The types of compensation available could include medical bills, lost wages, pain and suffering, and lost quality of life.

When Should You File a Brain Injury Claim?

The correct timing is important for a successful brain injury case. You should not jump into a fast insurance settlement right away. This mistake could lead to you accepting less than you deserve for your brain injury before you fully understand its severity and the impact it will have on the rest of your life. Waiting too long, on the other hand, could put you at risk of missing your statute of limitations (two years in California, in most cases). Speak to an attorney as soon as possible about a potential brain injury case to get the timing correct.

What Does the Legal Process Look Like?

While a brain injury case looks different for everyone, the general outline of the legal process starts with a claim being filed against the insurance policy of the accused party. The insurance company will investigate the claim and either accept liability and offer a settlement or reject the claim. If the claim is accepted, settlement negotiations can begin. If rejected, the claimant may have the right to file a lawsuit and go to court instead.

Do You Need to Hire a Brain Injury Lawyer?

It is generally in your best interest to hire an Orange County brain injury attorney for a brain injury case in Southern California. These cases are often worth more than insurance companies are willing to pay unrepresented claimants. With a lawyer, however, an insurance company will have no choice but to take you seriously. You can count on your attorney to pursue the best possible results for your case while you focus on healing from a brain injury. For more information about a potential brain injury case, contact Bridgford, Gleason & Artinian at (866) 360-2077.

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