Foley Brain Injury Lawyers

Brain Injury Attorneys Seeking Compensation You Deserve

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.

If you have been injured, call a Foley traumatic brain injury lawyer at Caldwell Wenzel & Asthana today at (251) 444-7000.

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 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:

• 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 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.

Get Started Now (251) 444-7000

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 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:

• 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 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.

Get Help Now (251) 444-7000

Brain Injury Attorneys Must Prove Negligence

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:

• 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 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:

• 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.

Our Foley Brain Injury Lawyers Explain Types of Head Injuries

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:

• Skull fracture or breaking of the skull
• Contusions or bruises to the area of the brain adjoining the point of impact or where the force of the blow caused the brain to slam into the skull bones
• Hematomas, collection of blood in the brain, either between the skull and the brain or inside the brain
• Brain lacerations or tears in blood vessels of the temporal or frontal lobes
• Diffuse axonal injury caused by a force from the impact that damages the brain’s connecting nerve fibers, causing a loss of consciousness, coma and, frequently, death.

Secondary brain damage is the result of complications of the injury, which can lead to:

• Swelling
• Reduced blood flow to the brain
• Insufficient oxygen in the brain
• Low blood pressure
• Intracranial pressure
• Brain herniation.

Symptoms of Traumatic Brain Injury

While open head injuries are readily observable, other brain injuries may not be immediately apparent.

The symptoms of a traumatic brain injury include:

• Loss of consciousness
• Confusion and disorientation
• Fluids draining from the ears or nose
• Memory loss
• Lack of focus or difficulty with concentration
• Headache
• Dizziness
• Poor balance
• Nausea and vomiting
• Sensory problems including blurred vision, ringing in the ears, or an unusual taste in the mouth
• Photophobia (extreme sensitivity to light)
• Mood swings
• Depression
• Dependence
• Anxiety
• Drowsiness or extreme fatigue
• Agitation or combativeness
• Inappropriate behavior
• Loss of executive function
• Slurred speech
• Weakness, tingling, or loss of sensation in fingers and toes
• Loss of coordination
• Convulsions or seizures
• Dilated pupils (one or both eyes).

Severe Brain Injury

In some cases, when injuries are severe enough, brain injured individuals may wind up in:

• An unconscious state, or coma, unable to be aroused or respond in a purposeful way.
• A vegetative state, unaware of surroundings, although they move or respond to reflexes
• A minimally conscious state, where consciousness is severely altered but there are some signs of self-awareness or awareness of environment
• Brain dead, an irreversible condition with no measurable activity in the brain and brainstem.

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.

Brain Injury Lawyer Deals with Wrongful Death

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.

Get Help from 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 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.

Get Help Today (251) 444-7000