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HELPING VICTIMS OF BRAIN & HEAD INJURIES
Humans are the most highly developed species on Earth—because of our brains. A person who has suffered a traumatic injury to the brain may be permanently altered; brain damage can affect personality, intellect, creativity, and memory. It is a devastating type of injury for the victim and the victim’s family, 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 injury. Caring for a brain-injury victim can be an expensive and exhausting life-long task.
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 the costs of medical and rehabilitative treatment and continuing care and by replacing lost wages from being unable to work.
Alabama injury claims can be complicated, making mistakes can be costly, and insurance companies will attempt to deny claims and pay out as little as possible. Fortunately, you do not have to fight for compensation on your own. At Caldwell Wenzel & Asthana, our skilled 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.
We serve clients from our offices in Mobile, Daphne and Foley, AL, and offer a free consultation to discuss your accident and determine the best way to move forward. There are no fees to you unless and until we win your case.
There are many lawyers out there, and you should find someone you feel comfortable with, have confidence in, and who has the experience needed to handle complex bran injury cases. The brain injury lawyers at Caldwell Wenzel & Asthana stand head and shoulders above the rest when it comes to aggressively negotiating and litigating personal injury claims. Here are some reasons why:
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. Don’t delay. There are time limits for filing. 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.
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In a successful brain injury case, our brain injury attorneys may win an award that covers all the losses you suffered. Referred to as “damages” in legal terms, your award should include your economic or monetary damages that cover costs that include:
You may also receive compensation for your “non-economic” damages that do not have a specific dollar value, but negatively impact your life. This includes the physical and emotional pain, suffering, depression and anxiety you’ve experienced, and your loss of quality of life and consortium.
At Caldwell Wenzel & Asthana, our Alabama brain injury lawyers know how important it is to receive payment for all the challenges you face. Rest assured that we will fight for the optimum settlement you are entitled to.
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When someone’s negligence causes injury to another, the negligent party can be held liable for the damages that result. To win your case, our Foley brain injury attorneys must prove that your brain injury was caused by another party’s negligence, recklessness, or fault. Legally, this means showing the following elements exist:
To prove negligence, our legal team would investigate how your brain injury occurred and find potential responsible parties. In some cases, there may be more than one negligent party, and our attorneys would look to name them all as defendants as they all may have insurance and assets that could go toward a settlement. An example would be if your brain injury occurred due to an accident with a commercial truck – the truck driver, the trucking company, the truck maintenance personnel, and the manufacturer of a part that may have failed could all be held liable.
Brain injuries can be devastating, so juries tend to be sympathetic and generous when making awards, but it’s impossible to state what any case will bring in advance. 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. Generally, the more serious and permanent the injury, the higher the settlement. Also, if gross negligence was involved, the threat of punitive damages imposed by a judge can drive up the amount of a settlement agreement.
Factors that are considered in determining settlement amounts may include:
Our brain injury lawyers know from experience what to demand from insurance companies, and we know how to fight for the maximum amount possible.
There are many types of brain injuries, but they usually fall into two major categories of damage.
Primary brain damage occurs immediately upon impact. For example:
Secondary brain damage is the result of complications of the injury, which can lead to:
While open head injuries are readily observable, other brain injuries may not be immediately apparent.
The symptoms of a traumatic brain injury include:
In some cases, when injuries are severe enough, brain injured individuals may wind up in:
In addition, some brain injured individuals have emotional and behavioral issues that cause major problems for the individual and those around them. The brain injured person may need continuing care and costly therapy and equipment or have to be institutionalized.
A victim of a severe brain injury will often find it difficult or impossible to work in the same capacity as before the accident and often has a diminished ability to earn a living. Some victims are never able to return to work or live independently again. A brain injury is often a catastrophic event, and the victim will need a settlement sufficient to cover lost earnings and care for years to come, so selecting the right personal injury lawyer is essential.
If a brain injury tragically turns out to be fatal, our lawyers can file a lawsuit for wrongful death. According to Alabama law (Ala. Code § 6-5-410), a wrongful death is defined as one that is caused by the “wrongful act, omission, or negligence” of another. This means that an individual or corporation can be held liable and sued if the death was caused by their negligence or fault. 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,” the rules usually used when a person dies without a valid will. This means the surviving spouse and children of the deceased will share the reward. If a minor child dies, the parents will typically share the award equally.
The brain injury attorneys at Caldwell Wenzel & Asthana are experienced in handling high-stakes, high-value cases such as brain injuries. 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 obtain a monetary settlement for you.
Call our Foley brain injury lawyers today to schedule an appointment for a no-cost, no-obligation consultation to learn about your legal options.
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