Foley Alabama Attorneys
(251) 444-7000

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Our human brain controls all our bodily and mental functions, so injury to the brain can be devastating for the victim and the victim’s family. Brain damage can produce changes in personality, intellect, creativity, and memory, and in severe cases, brain injuries can lead to paralysis, inability to communicate, coma, or death.

The Brain Injury Association of America reports that over 1.5 million people face traumatic brain injuries (TBI) every year, and at least 50,000 individuals will die from their injuries. Survivors may require financially draining life-long care.

If you or a loved one has suffered a brain injury due to someone else’s negligence or fault, you may be entitled to compensation for your losses through insurance or a personal injury lawsuit.

While no amount of money can make up for the tragedy of a brain injury, compensation can help relieve your burdens by covering expenses, costs of treatment, and continuing care, and by replacing lost wages if the victim is unable to work.

Alabama brain injury claims are complicated, and insurance companies will attempt to deny claims and pay out as little as possible. Making mistakes can be costly, and you should not try to fight for compensation on your own.

At Caldwell Wenzel & Asthana, our skilled Daphne brain injury attorneys know how to deal with insurance companies and their lawyers to achieve optimum compensation, and we are fully prepared to advocate for you in court if negotiations break down.

How Our Brain Injury Lawyer Helps You

Why Choose Us?

There are many lawyers out there, and it is important to find one you feel comfortable with and who also has the experience and resources necessary to aggressively negotiate and litigate complicated personal injury claims. Here are some reasons why we feel the brain injury lawyers at Caldwell Wenzel & Asthana are your best choice:

  • Our seasoned attorneys have the experience you need. Attorneys C. Randall Caldwell, Jr, Drew Wenzel and Dee Asthana have more than 25 years of combined legal experience and are seasoned trial veterans with a long record of success both in and out of the courtroom.
  • We have outstanding client victories and proven case results getting the largest payouts possible. We win big, including an $8,000,000 medical malpractice case.
  • We come highly recommended by many satisfied clients.
  • We offer an attractive attorney referral program, and consider it the highest compliment when we receive referrals from our esteemed colleagues, past clients, lawyers, and judges.
  • We know how to deal with insurance companies and how to negotiate to settle most cases out of court, but we are also successful litigators fully prepared to take your case to trial if necessary.
  • We are available. When you hire us, you receive our full attention, compassion, and commitment to see the case through to a successful conclusion.
  • We offer free, no-obligation consultations, and work on a contingency basis so there are no fees to you unless and until we win your case.

How We Work for You

When you retain Caldwell Wenzel & Asthana to represent you, you’ll have the peace of mind that comes with knowing you have a skilled advocate in your corner, and we start working for you immediately. We will:

  • Meet with you to hear how your brain injury accident happened to see if a lawsuit is warranted, determine who the at-fault parties may be, and determine what settlement to go after
  • Investigate the case and gather evidence to help prove another party’s negligence. This can include photographs and videos from surveillance cameras; interviews with witnesses, first responders, and people who know you and can testify as to the difference in you before and after the accident; and police and medical reports and records
  • Hire experts to reconstruct the accident and determine fault, and to testify as to your costs and losses, how your brain injury affects you and your family, and the care you will need in the future
  • Handle all communications and negotiations with insurance companies and opposition attorneys to come up with an agreement for a fair settlement
  • Build your case and take it to court if necessary.

Our Daphne brain injury attorneys are fully committed to our clients and getting the best settlement possible. Call us today to get started while evidence is available, and witnesses can be found.

Foley, Alabama Lawyers

Call Caldwell Wenzel & Asthana now 251-444-7000

Damages Our Brain Injury Attorney May Recover

In a successful brain injury case, our Daphne brain injury attorneys may win compensation that covers all your losses, which are called “damages.” Your damage award should include both your economic or monetary damages and your “noneconomic” damages that do not have a specific dollar value, but negatively impact your life.

Economic damages may include:

  • Costs of medical and rehabilitation care, medications, and medical devices and equipment
  • Modifications to your home or vehicle, such as to accommodate a wheelchair
  • Property damage resulting from the accident
  • Lost income and future income if you can’t work.

Noneconomic damages may cover:

  • Physical and emotional pain and suffering, depression and anxiety
  • Loss of quality of life and consortium.

In some rare cases where there was gross negligence, punitive damages may also be awarded to serve as an example and deter similar behavior in the future.

Brain injuries bring many challenges to you and your family, and our Daphne brain injury lawyers will fight for the optimum settlement you are entitled to.

Foley, Alabama Lawyers

Get Help Now (251) 444-7000

Daphne, AL Brain Injury Attorneys Must Prove Negligence

Proving another party (the defendant in the case) was negligent and at fault for causing your brain injury is essential to winning a personal injury case. To prove negligence, our Daphne brain injury attorneys must show the existence of the following legal elements:

  • Duty: The defendant owed you a duty of care not to cause harm.
  • Breach: The defendant breached this duty by acting or failing to act.
  • Cause: This breach caused your injury.
  • Damages: You suffered actual damages as a result.

Our legal team would investigate how your brain injury occurred, gather evidence that shows that the defendant was at fault, and get testimony from experts as to your injuries and the care you will need. In some cases, there may be more than one negligent party and we would look to name them all as defendants, as they all may have insurance and assets that could go toward a settlement.

Daphne, AL Brain Injury Lawyers Answer FAQs

When dealing with a traumatic brain injury, victims and their families are bound to feel overwhelmed and have many questions and concerns.  These are best addressed at your free consultation, but to get started, here are some answers to questions our attorneys are often asked:

What settlement amounts will I receive?

There is a wide range of settlement amounts that may be awarded for a brain injury, from tens of thousands to millions of dollars, depending on the circumstances of the case and the factors involved. While it is impossible to give you the amount your case will bring in advance, juries tend to be sympathetic and generous when brain injuries are devastating. In general, the more serious and permanent the injury, and the greater the effects on your life and your family, the higher the award.

What if a family member dies from a brain injury?

If a brain injury tragically leads to death, our lawyers can file a lawsuit for wrongful death. According to Alabama law (Ala. Code § 6-5-410), a wrongful death case may be brought by the personal representative of the deceased person’s estate. In Alabama, wrongful death awards are usually distributed to the heirs according to the rules of “intestate succession,” which means the surviving spouse and children of the deceased will generally share the reward. If a minor child dies, the parents will typically share the award equally.

How long do I have to file a case?

Alabama has a statute of limitations, which are time limits for filing an injury lawsuit. According to the law, (Alabama Code Section 6-2-38), you generally have two years from the date of the accident to file a claim, or the courts are likely to refuse to hear your case.

Should I speak with the insurance company?

No, the less you say to insurance companies the better, as they will try to get you to accept an offer for less than your case is worth or trick you into saying something that indicates you were at fault for the accident. Tell the insurance company to speak to your lawyer and let our brain injury lawyers handle all negotiations and fight for the maximum amount possible.

When you have our Daphne brain injury lawyers working for you, we will be there for you throughout the entire legal process, answering your questions and keeping you informed.

Get Help from Our Brain Injury Lawyer in Daphne, Alabama

Victims of a severe brain injury often find it difficult or impossible to return to work, earn a living, or live independently again. A brain injury is often a catastrophic event, you will need a settlement sufficient to cover lost earnings and care for years to come, so selecting the right personal injury lawyer is essential.

The brain injury attorneys at Caldwell Wenzel & Asthana have the experience and resources to handle high-stakes brain injury cases. We work diligently to identify all liable parties in order to get you or your family member a fair settlement that will help you move forward with your life.

While most injury cases settle out of court, we are experienced and skilled trial lawyers who are always ready to go to court to fight for the recovery that you need and deserve. You will pay us nothing unless we win a monetary settlement for you.

Call our brain injury lawyer today for a no-cost, no-obligation consultation to learn about your legal options.

Get Started Now (251) 444-7000


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