Foley Alabama Attorneys
(251) 444-7000

toll free 855.390.5566

Representing The Interests of Brain Injury Clients Throughout Birmingham, Alabama

Let Our Birmingham Brain Injury Attorneys Fight for Justice on Your Behalf


A traumatic brain injury (TBI) stems from a head injury that damages the brain and is caused by an outside force. When an object (such as a bullet or sharp item) pierces the individual’s skull and enters their brain tissue, it’s called a penetrating brain injury. However, if it doesn’t break or penetrate the skull, it’s referred to as a closed brain injury.

Many types of accidents can cause a brain injury. Common ones include slips and falls, car accidents, assaults, and work accidents. Regardless of the cause, however, moderate and severe TBIs are medical emergencies and can result in fatality if they do not receive prompt treatment. Many times, victims experience loss of consciousness, headache, severe confusion, seizures, and even permanent disability.

Do you suffer from any form of traumatic brain injury? We sympathize with you. If your injury was caused by someone else’s negligence, our Birmingham brain injury attorneys can help. We can provide some relief by ensuring that you don’t go through this alone and you’re well compensated for your pain.

Contact us immediately at (251)-444-7000 for details on how we can alleviate your suffering.

Who’s Liable for My Brain Injury?

Individuals Whose Direct Actions Caused Your Injury May Be Liable for Damages

Depending on the particular circumstances, numerous parties may be liable for your brain injury in Birmingham. These include a property owner, motorist, product manufacturer, or batterer. You just have to prove that their breach of a duty of care caused the accident that resulted in your brain injury.

To prove their negligence, you’ll have to establish the following elements:

Duty of Care

Duty of care is a legal obligation imposed on the defendant to act reasonably in ensuring the safety of another. For example, doctors owe their patients a duty of care, just as motorists must avoid endangering the lives of other road users.

Breach of Duty 

An action that goes contrary to the duty of care imposed on a party is a breach of that duty. For example, a property owner breaches their duty of care when they fail to keep their premises safe for guests.


The breach of duty must have caused the accident. A good example is when the defendant punches you hard in the head, resulting in a closed brain injury.


Claimants must prove that they sustained injury or some form of loss because of the accident. Your brain injury already establishes this element. Other damages include financial losses and emotional distress.

What Should I Do After Sustaining a Brain Injury in Birmingham?

Essential Steps to Improve Your Chances of Fair Compensation After a Brain Injury

The first thing to do if you suspect that you’ve sustained a brain injury is to seek medical attention immediately. We also advise victims to gather as much evidence as possible by taking pictures and videos of the accident scene. Ensure that you document everything concerning your injuries, such as medical appointment records and expenses. Most importantly, give our Birmingham brain injury attorney a call.

Our legal team is a formidable ally to have in these tough times. We’ll work tirelessly to ensure that you focus on getting better while we handle the legal complexities of your case. To this end, we will . . .

  • Provide you with quality legal advice and guidance
  • Conduct thorough investigations and identify all the negligent parties in your case
  • Review pieces of evidence and leverage them to strengthen your case
  • Handle paperwork and  file relevant documents on time
  • Negotiate with insurance companies to secure a fair payout
  • Schedule appointments with medical and financial experts for more insight into your unique situation
  • File a lawsuit when necessary.

At Caldwell, Wenzel, and Asthana, PC, our Birmingham brain injury attorneys are well-known for their impressive case results and dedication. Contact us ASAP!


Providing Accurate and Comprehensive Answers to Your Questions

Have a glimpse of the most frequently occurring questions about brain injury cases in Birmingham:

What Compensation Will I Receive? 

Brain injury claimants often get economic and non-economic damages for their losses. These include lost income, medical bills, pain and suffering, permanent disability, loss of consortium, reduced quality of life, and other detrimental effects of the injury. They may also receive punitive damages to punish the negligent party and serve as a deterrent to others.

Is Contributory Negligence Applicable in Birmingham?

Yes, Birmingham follows the doctrine of contributory negligence. Based on this doctrine, victims cannot recover damages if they’re at fault for their injuries in the slightest (even 1%). This is one of the common defenses defendants raise to escape liability in Alabama. As such, our brain injury attorneys make it a priority to establish the defendant’s 100% liability in every case.

What Is the Value of My Birmingham Brain Injury Case? 

The value of your brain injury case depends on numerous factors. These include your economic losses, whether you’ll receive punitive damages, and the severity of your injuries (whether you have permanent disability). Our attorneys will fight for the highest possible compensation in your case.

Is There a Time Frame for Filing Brain Injury Lawsuits in Birmingham?

Yes. In Birmingham, you have only two years from the date you sustained your brain injury to bring a claim against the defendant. If you don’t meet this deadline, you’ll miss your opportunity to hold the at-fault party accountable. So, ensure that you speak to our legal team at the earliest time possible.

Contact us at (251)-444-7000 for more questions.

Enjoy Quality Legal Representation from Our Experienced Birmingham Brain Injury Lawyers Now

Our Legal Team Is Dedicated, Experienced, Results-Driven, And Compassionate

A traumatic brain injury, especially when caused by someone else’s negligence, can leave you in mental shambles. This is not to mention the physical pain and financial distress that typically follow your recovery period. At this vulnerable time of your life, you need all the help you can get to bounce back to your pre-accident state as much as possible. Fortunately, our Birmingham brain injury lawyers are happy to be a vital part of your support system.

At Caldwell, Wenzel & Asthana, PC, we’ll provide you with the emotional support you need to help you cope better in your situation. Additionally, we’re interested in ensuring that your finances don’t suffer because of a careless person’s actions. We’ll fight to get you the compensation you deserve regardless of the cost.

So, waste no time dialing (251)-444-7000 to schedule a free consultation with our qualified attorneys. We’re waiting to hear from you.


Our Award-Winning Alabama Personal Injury Lawyers have recovered millions on behalf of our clients. While other attorneys try to avoid litigation, we thrive in high-stakes litigation. Contact Caldwell Wenzel & Asthana, P.C. to put our exceptional skills to work for your injury claim.

No Fee Lawyers Alabama