Fresno Traumatic Brain Injury Lawyer

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    Our firm maintains an impressive 99% win rate, even while accepting difficult cases other law firms have turned away.

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Traumatic Brain Injury LAWYERS IN FRESNO

Every year, a staggering 1.7 million people sustain a traumatic brain injury. Tragically, 52,000 of these individuals die and another 275,000 of them need to be hospitalized. Also known as a TBI, a traumatic brain injury can be caused by a wide variety of issues, including a car accident, a cyclist accident and a slip and fall that happens as a result of unsafe premises.

No matter how your TBI happened, it is vital to take action immediately to protect your future. Contact an award winning Fresno brain injury lawyer today for your free consultation.

Fresno has more than 520,000 residents, so the city also naturally has a larger accident and personal injury risk than smaller areas. Car accidents are very common here, as are injuries from dog bites, defective products and unsafe premises. No matter what the exact cause was of your traumatic brain injury, statistics indicate that your risk of battling serious depression and having a difficult time holding a steady job spiked after the incident occurred.

Therefore, it is in the best interests of you and your family to hold the negligent party legally responsible for your injury.

Receive the Respect and Compassion You Deserve

A brain injury often hinders your ability to think clearly, and it can also have a serious impact on your emotions. Additionally, it is normal for family members to go through an adjustment period when one of their loved ones sustains such a serious injury.

We know that it may seem intimidating to add a lawsuit into the mix, but we pledge to treat you and your family with compassion, respect and kindness at all times. It is our primary goal to protect your legal rights while making it as easy as possible for you to navigate the legal system.

Proven Traumatic Brain Injury Lawyers

With a case as important as this, you don’t want to leave anything to chance. Our extremely skilled and experienced team of personal injury lawyers has a firm understanding of the Fresno legal system, and we have helped clients just like you receive a combined millions in damages. Several individual cases have resolved for $1 million or more.

The attorneys at The May Firm have been honored with several legal awards as a result of our high level of competence and customer service.

Take Action Today with No Money Down

The recovery process for a traumatic brain injury can be long, painful and expensive. To help relieve some of the stress that is associated with all of this, we offer a free, no obligation initial consultation. The May Firm is also pleased to work on a contingency basis, and this means that you owe nothing unless we win your case.

Our Fresno office is on N. Palm Avenue, and we work with clients from throughout Fresno County and the entire San Joaquin Valley.

Fresno Traumatic Brain Injury FAQs

Of all types of bodily injuries, brain injuries are amongst the most complex. The brain is responsible for sending messages that control all of the body’s functions and involuntary responses. Despite its importance to the body’s ability to function and survive, the brain has only a limited ability to heal from injury. Thus, a brain injury can often result in permanent disabilities. If you suffered a traumatic brain injury because of someone else’s careless, reckless, or intentional behavior, we don’t need to tell you how serious brain injuries are or how difficult they can make even the most routine daily tasks. We can tell you about a legal process for obtaining compensation for this type of injury. Below, we answer some of the questions our brain injury clients most frequently ask us about their injuries and the legal process for seeking compensation.

You are definitely not alone, but brain injuries often result in disabilities that can cause the injured person and their family members to feel isolated and no longer fit into their former community. In truth, according to the Centers for Disease Control and Prevention, around 2.87 million individuals are treated for traumatic brain injuries in the U.S. each year. Of those brain injury patients, hundreds of thousands acquire lifelong deficits that impact their quality of life and their ability to earn an income.

 

In California, individuals injured by someone else’s careless, reckless, or intentional actions can pursue compensation through a traumatic brain injury lawsuit. This is a legal claim that the victim files in civil court to prove who was liable for the accident that resulted in the injury and provide evidence of the expenses and the quality-of-life impacts the victim and their family have experienced as a result of the injury. You must file your brain injury lawsuit within two years of the date on which your accident occurred.

The term “damages” refers to compensation from the at-fault party for the harm they caused you. In California, traumatic brain injury claimants can pursue both economic and non-economic damages. Economic damages are reimbursements for out-of-pocket expenses you have incurred or will incur because of your injury.

Examples of expenses commonly included in economic damages claims are:

  • Medical expenses, including those you have already incurred as well as those you will likely incur in the future.
  • Lost wages, if your injury causes you to miss work.
  • Loss of future earning capacity, if your injury results in a permanent disability that keeps you off work or working in a different capacity than you did before the accident.
  • Property damage sustained in the accident, such as the cost of repairing or replacing a damaged car in the motor vehicle accident that caused your brain injury.

Non-economic damages are compensation for impacts to your quality of life that were caused by the injury.

Common types of impacts included in claims for non-economic damages are:

  • Physical pain and suffering resulting from the injury, complications arising from the injury, or the medical interventions used to treat the injury and its associated complications.
  • Emotional distress.
  • Loss of consortium, which is a damage claim made on behalf of the injured person’s spouse for loss of physical intimacy and companionship after their spouse’s traumatic brain injury.
  • Loss of enjoyment of life, if your injury leaves you unable to participate in activities you formerly enjoyed.

Liability is the legal responsibility that the at-fault party has to pay for the expenses you incurred from your injury.

To prove that a party is liable, you must establish:

  • The at-fault party owed you a duty of care. This duty of care depends on the type of accident that caused your traumatic brain injury and the at-fault party’s role in that accident. In general, the duty of care refers to the actions a reasonable person in similar circumstances would take.
  • There was a breach in the duty of care. The breach refers to the actions that the at-fault party took that were contrary to the duty of care they owed you.
  • This breach resulted in the accident, which caused you to incur a brain injury along with related expenses and impacts to your quality of life.

Brain injuries are high-impact injuries that often greatly impair the sufferer’s ability to lead a normal life. These impacts generally don’t come with an invoice or a price tag. Attorneys and insurance companies generally use standard formulas to calculate non-economic damages based on how severe your injury is and how much it has impacted your life. An experienced attorney can consider the facts of your case and give you an estimate for how much you should request in non-economic damages from the at-fault party based on the circumstances of your accident and injury.

Settlements in brain injury cases vary widely, depending on factors that are unique to each case. Because of this, there really isn’t an “average” settlement amount.

Some of the factors that can impact the value of your case include:

  • The amount of insurance coverage the at-fault party has. Insurance pays the vast majority of brain injury settlements and awards. While you can sue an uninsured person and even obtain a judgment in your favor against that person, most people cannot afford to pay for brain injury-related expenses out-of-pocket.
  • The severity of your injuries. The more severe your injuries, the more medical intervention is likely needed to treat them, the more time you are likely to miss from work, and the greater your non-economic damages are likely to be.
  • The clarity of liability. The more clear liability the other party bears for the accident, the easier you may settle with them.
  • Your age at the time of the accident. Of course, the life of one person isn’t “worth more” than anyone else’s life. However, a person who is in the midst of a successful career is more likely than someone early or late in their career to receive a large amount of income-based damages, such as lost wages and loss of future earning capacity.
  • Your overall health at the time of the accident. The presence of pre-existing conditions can present a target for the defense, as the at-fault party’s insurance carrier may attempt to argue that the pain and suffering you have endured is due to these pre-existing conditions rather than the reckless or careless actions of their insured.
  • Your patience during the process. You may receive a settlement offer soon after a severe brain injury. However, negotiating a settlement offer that fairly reflects the value of your case can take a while. Often, insurance providers will present the lowest offer possible soon after the accident in the hopes of making a quick resolution to the case. As time goes on and litigation becomes more imminent, the insurer will usually up their offer to avoid paying for litigation if they don’t believe they will win the case.

According to the Internal Revenue Service, the settlements and damage awards received through traumatic brain injury cases are not considered income and therefore are not taxable. The exception to the rule is when you receive punitive damages. California courts will sometimes award punitive damages to punish a defendant for particularly reckless behavior. Because this portion of the award is not related to the expenses or impacts you incurred from the accident, it can be taxed.

If you claimed your medical expenses from your injury as itemized deductions on your taxes and then later received a settlement or award that covered those medical expenses, you will need to repay the amount you deducted.

Yes. Brain injuries can result in a myriad of complications and permanent deficits. Just as the injury itself is complex, cases involving brain injuries are also complex. An attorney with experience with brain injury cases can provide help with and information about the legal process of obtaining compensation for your injuries, as well as the expenses and impacts that you are likely to continue to incur throughout your life due to the serious and permanent nature of brain injuries.

Your attorney can ensure that you have the best chance of obtaining the maximum amount of compensation you can receive.

Some of these services include:

  • A free, no-obligation case evaluation where you can ask any legal questions you have about your situation and learn more about the law firm and their experience helping clients obtain compensation in this type of case.
  • Determining all potential sources of liability and insurance resources you may access to compensate you.
  • Valuing your case based on the expenses and impacts you have faced from your brain injury or that you will likely face in the future.
  • Timely filing all court-required paperwork in the proper jurisdiction, and attending all pre-trial conferences and hearings in your case.
  • Engaging in skilled negotiation with the at-fault party’s insurance provider in an attempt to obtain a fair settlement offer on your behalf.
  • Guiding you through the pros and cons of accepting or rejecting any offered settlement.
  • Collecting and organizing evidence and witness testimony that can help prove your claims in court.
  • Pursuing litigation, including delivering opening and closing arguments as well as presenting evidence and examining witnesses.
  • Assisting you with collecting your settlement or award.

The experienced brain injury lawyers at The May Firm can provide the guidance and understanding you need to pursue the maximum amount of compensation available in your case. Let us help you understand your legal options. To schedule a free case evaluation, contact us today.

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