Brain injuries affect victims, and they affect families. Unfortunately, brain injury victims often struggle to recover compensation. At Fisher & Talwar, we are here to help when you need a Santa Ana brain injury attorney. Our team has significant experience handling challenging injury claims throughout this area, and we know what it takes to stand up to each insurance carrier and any other party that may try to keep you from recovering the compensation you need.

Why Turn to Fisher & Talwar for a Brain Injury Claim?

  • At Fisher & Talwar, our team has a track record of success in recovering multimillion-dollar settlements and jury decisions on behalf of injury victims throughout this area.
  • We have the resources needed to handle every aspect of your brain injury claim. We handle the investigation, all negotiations, and trial preparation.
  • We believe in open communication with every client that we help. You will never be left in the dark as we move forward towards securing compensation for your losses.

Who Could Be Held Liable for a Brain Injury?

After a brain injury occurs, there will likely be some type of investigation to figure out what happened. Depending on the circumstances surrounding the particular incident that caused you harm, there may be various liable parties. Some of the most common liable parties for brain injuries in the Santa Ana area include:

  • Drivers in vehicle accidents. If a brain injury results from a car collision, the driver at fault for the incident can be held liable. This includes cases involving drunk driving, distracted driving, or reckless driving.
  • Property owners. In slip and fall incidents, property owners can be held liable for injuries if they fail to maintain a safe environment. This includes hazards like wet floors, uneven surfaces, or poor lighting that contribute to accidents.
  • Employers. Workplace accidents that lead to brain injuries may result in the employer being liable, particularly if they didn’t provide a safe working environment or proper safety equipment.
  • Manufacturers. If a defective product causes a brain injury, the manufacturer can be held accountable. This includes cases involving faulty car parts, safety equipment, or consumer products.
  • Medical professionals. Medical malpractice can lead to brain injuries, such as during surgery or due to misdiagnosis. Doctors or any other type of licensed/certified medical professionals can be held liable for negligence.
  • Rideshare companies. In accidents involving rideshare vehicles, the company may be held liable if it is proven that it did not ensure the driver met safety standards.

Identifying the liable party often involves detailed investigations and gathering substantial evidence. Working with a trusted brain injury attorney is crucial to navigate the complexities of such claims and to hold the responsible parties accountable.

Proving a Santa Ana Brain Injury Claim – Liability Matters

Proving liability in a brain injury claim requires a systematic approach to gathering and presenting evidence. Some of the steps needed to prove your brain injury claim could include:

  1. Evidence collection. The attorney will gather as much evidence as possible, including accident reports, medical records, and witness statements. This can also involve collecting surveillance footage or photographs of the accident scene.
  2. Accident reconstruction. In complex cases, attorneys may work with accident reconstruction experts to recreate the incident. This helps to clearly demonstrate how the injury occurred and who was at fault.
  3. Medical expert testimony. Medical experts often play a role in brain injury cases. They provide testimony on the extent of the injury, the likely cause, and the long-term effects on the victim’s life.
  4. Establishing negligence. The attorney must prove that the defendant (the person who allegedly caused the injury) owed a duty of care to the victim, breached that duty, and directly caused the brain injury. This involves showing that the defendant’s actions were negligent and led to the injury.
  5. Documenting damages. Comprehensive documentation of all damages is essential. This includes medical expenses, lost wages, rehabilitation costs, and non-economic damages like pain and suffering.
  6. Negotiations with insurance companies. Often, brain injury cases involve negotiating with insurance companies for a fair settlement. An attorney ensures that the victim does not accept a low offer that fails to cover all damages.
  7. Trial preparation. If a fair settlement cannot be reached, the attorney will prepare to take the case to trial. This involves crafting a compelling case to present to the judge or jury.

Brain Injury Compensation in Santa Ana

In Santa Ana, victims of brain injuries can pursue compensation for both economic and non-economic damages. Economic damages after a brain injury can cover the financial losses resulting from the injury, such as:

  • Medical expenses. Costs for hospital stays, surgeries, medication, and ongoing treatments.
  • Rehabilitation costs. Expenses for rehabilitation or physical therapy, occupational therapy, and other rehabilitation services.
  • Lost wages. Compensation for earnings lost due to the inability to work during recovery.
  • Future earning capacity. Loss of future earninigs if the injury affects the victim’s ability to work long-term.
  • Property damage. This can include vehicle damage or any other property damaged in the incident. 

Non-economic damages address the intangible impacts of a brain injury, including:

  • Pain and suffering. Compensation for the physical pain and emotional distress caused by the injury.
  • Loss of enjoyment of life. Damages for the reduced ability to enjoy daily activities and hobbies.
  • Emotional distress. Compensation for psychological effects such as anxiety, depression, and trauma.

How Long Do You Have to File Your Claim?

Traumatic brain injury victims in Santa Ana should file their claim against any potential negligent party as quickly as possible. In California, injury victims have two years from the day an incident occurs to file their claim, according to the personal injury statute of limitations. However, we suggest filing claims much sooner than this two-year time frame in order to prevent the degradation or disappearance of any evidence that could be needed to prove liability in court.

Call a Santa Ana Brain Injury Lawyer Today

If you or a loved one has sustained a brain injury due to the actions of someone else, the team at Fisher & Talwar wants to help you today. When you call our Santa Ana personal injury lawyers, you get a free consultation on your case. We want to help analyze your options so you can make the best decision for recovering the compensation you and your family are entitled to. When you need a Santa Ana brain injury attorney, you can reach a member of our legal team to schedule a free consultation of your claim by calling us at (213) 318-3052 or by filling out our contact form.