Foley Brain Injury Lawyer

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.

You may be entitled to compensation if you or a loved one has suffered a brain injury due to someone else’s negligence or fault. Our skilled Mobile personal injury attorney including our team of brain injury specialists, will work tirelessly to secure the compensation you deserve, whether through insurance claims or a personal injury lawsuit. Caldwell Wenzel & Asthana Foley is dedicated to helping you navigate the legal process and recover the maximum damages for your losses, including medical expenses, lost wages, and pain and suffering.

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. Caring for a brain-injury victim can be an expensive and exhausting life-long task.

While no amount of money can compensate 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.

Foley brain 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, including our Alabama birth injury lawyer, possess extensive experience in dealing with insurance companies and their lawyers to achieve optimal compensation for your injuries. We are fully prepared to advocate for you in court if negotiations break down.

We are well-versed in the laws governing brain injuries in Foley, Alabama.

How Our Brain Injury Lawyers Work for You

Why Choose Us?

There are many lawyers out there, and you should find someone you feel comfortable with, have confidence in, and with the experience needed to handle complex brain injury cases. The brain injury lawyers at Caldwell Wenzel & Asthana stand head and shoulders above the rest when aggressively negotiating and litigating personal injury claims.  Here are some reasons why:

• Our seasoned attorneys are experienced and know what to do and expect. Attorneys Dee Asthana, C. Randall Caldwell, Jr., and Drew Wenzel have been working for decades, successfully representing clients to get the largest payouts possible.
• We have outstanding client victories and proven case results. We win big, including an $8,000,000 medical malpractice case and a $2,250,000 verdict in a car accident 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 understand the insurance claims process and know how to deal with insurance companies.
• We are skilled negotiators and can 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 there are no fees to you unless and until we win your case.

When you retain Caldwell Wenzel & Asthana to represent you, you’ll have the peace of mind of 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.

How Can Caldwell Wenzel & Asthana Brain Injury Attorney in Foley, AL, Help You?

When facing the complexities of a brain injury case, having experienced legal representation on your side is essential. Caldwell Wenzel & Asthana, brain injury attorney in Foley, AL, are adept in handling brain injury cases and can offer invaluable assistance to individuals seeking justice and fair compensation. Here’s how we can help;

• Comprehensive Assessment of Your Case: Our brain injury attorneys will thoroughly evaluate your case upon consultation. We diligently investigate the circumstances surrounding your injury, working with medical experts and accident reconstruction specialists to establish liability and build a strong legal strategy.
• Accurate Valuation of Damages: Brain injuries can lead to substantial economic and non-economic losses, including medical expenses, lost wages, rehabilitation costs, pain, and suffering. Our brain injury lawyers have the necessary experience to accurately assess the full extent of damages. We work closely with medical professionals, economists, and vocational experts to ensure that no aspect of the claim is overlooked, ensuring fair compensation for the injured party.
• Skilled Negotiators: Many brain injury cases are resolved through negotiations outside the courtroom. Our skilled negotiators can engage with insurance companies and opposing counsel to secure fair settlements. We stand firm on behalf of our clients, refusing to accept inadequate offers that fail to address the true extent of the damages.
• Determining Liability: Proving liability is critical in a brain injury case. Whether the injury occurred due to a motor vehicle accident, slip and fall incident, medical malpractice, or any other circumstance, our brain injury attorneys have the expertise to identify the responsible parties. We work diligently to establish a link between negligent actions and the resulting brain injury, ensuring justice is served.
• Compassionate Support: Dealing with a brain injury can be emotionally taxing for the injured person and their loved ones. Our brain injury attorneys provide compassionate support to our clients throughout the legal process. We take the time to listen to our client’s concerns and understand their unique needs, providing guidance and reassurance every step of the way.

By entrusting your brain injury case to our capable hands, you can focus on your recovery while knowing that your rights are being protected and pursued with determination and skill.

Damages Our Traumatic Brain Injury Lawyers May Recover

We Fight to Win Economic and Non-Economic Damages

In a successful brain injury case, our brain injury lawyers may win an award covering all your losses. Referred to as “damages” in legal terms, your award should include your economic or monetary damages that cover costs that include:

• Medical care, including doctor visits, hospitalization, ongoing care, therapy, rehabilitation, medications, and medical devices and equipment
• Modifications to your home or vehicle
• Damage to your vehicle or other property resulting from the accident
• Lost income and future income if you can’t work.

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 Foley 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.

How a TBI Can Impact Your Life

For certain clients, the consequences of a traumatic brain injury can be multi-faceted, encompassing various areas of their lives:

• Motor Function Impairment: The injury may lead to challenges with coordination, range of motion, muscle weakness, and other motor-related difficulties as it affects the brain’s control over bodily movements.
• Psychological Impact: TBI victims often experience emotional struggles such as depression, anxiety, personality changes, and episodes of aggression, which can significantly affect their overall well-being.
• Cognitive Challenges: After a traumatic brain injury, individuals may encounter significant difficulties with memory, thinking, and reasoning, making daily tasks and decision-making more demanding.
• Sensory Impairment: In certain cases, a TBI can adversely affect the senses, potentially leading to issues with vision, smell, hearing, touch, or taste, thereby impacting their ability to interact with the world.

For many clients, the long-term effects of traumatic brain injuries can worsen over time, resulting in a severe deterioration of their mental state. This decline in brain function may prevent them from maintaining an independent lifestyle or being gainfully employed.

We fully understand the profound and devastating impact these repercussions can have on individuals and their loved ones. Our TBI lawyers will advocate for your rights or the rights of your loved one and hold the negligent party accountable for the consequences of the traumatic brain injury.

Brain Injury Attorneys Must Prove Negligence

When someone’s negligence causes injury to another, the negligent party can be held liable for the damages. 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:

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

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.

What Settlement Amounts Can a Brain Injury Lawyer Win?

Brain injuries can be devastating, so juries tend to be sympathetic and generous when making awards, but it’s impossible to state in advance what any case will bring. 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, a judge’s threat of punitive damages could drive up the settlement agreement amount.

Factors that are considered in determining settlement amounts may include:

• The severity and permanence of the brain injury
• Whether you will need continuing care
• Your age, family situation, and earning capacity
• The extent of fault of the defendants
• The availability of insurance and assets
• The inclination of the individual judge and jury
• The skill and negotiating ability of your lawyer to present and argue your case.

Our brain injury lawyers know from experience what to demand from insurance companies, and we know how to fight for the maximum amount possible.

Brain Injury Lawyer Deals with Wrongful Death

If a brain injury is 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 an individual or corporation can be held liable and sued if their negligence or fault caused the death. A wrongful death case may be brought by the personal representative of the deceased person’s estate.

In Foley, 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. Parents typically share the award equally if a minor child dies.

FAQs

What are the symptoms of a brain injury?

Symptoms can vary, depending on the severity and location of the injury. Common symptoms include headaches, dizziness, confusion, memory problems, mood swings, difficulty concentrating, and changes in sleep patterns.

How much compensation can I receive for a brain injury claim in Foley?

The amount of compensation for a brain injury claim depends on various factors, including the severity of the injury, the impact on your life, and the degree of negligence involved. An experienced brain injury attorney can assess the damages and work to secure fair compensation on your behalf.

What if the brain injury occurred at work? Can I file a workers’ compensation claim?

You may be eligible for workers’ compensation benefits if your brain injury occurred while performing work-related duties. Consulting with a workers’ compensation attorney can help you navigate the claims process and ensure you receive the benefits you deserve.

Should I see a doctor even if my head injury seems minor?

Yes, seeking medical evaluation after any head injury is essential, regardless of its severity. Some brain injuries may not exhibit immediate symptoms, but prompt diagnosis can prevent potential complications.

Contact Our Brain Injury Lawyers in Foley

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 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 you need and deserve. You will pay us nothing unless we obtain a monetary settlement for you.

Call our Foley brain injury lawyers today at (251) 444-7000  to schedule a free consultation to learn about your legal options.