Dana Point Brain Injury Lawyer

An Orange County Brain Injury Lawyer Who Fights for You

If you or a loved one has experienced a brain injury due to the negligence of another person or business, you could be entitled to substantial financial compensation. Whether you slipped on a wet floor, fell from a ladder at work, were injured during a sporting event, or otherwise sustained a TBI, a skilled Orange County brain injury lawyer can make sure you get the justice you deserve.

Why Choose Us as Your Brain Injury Lawyers?

At Neale & Fhima, we use our more than 40 years of litigation experience to fight for brain injury victims and their families. We have recovered millions of dollars for our clients, and our legal team stands far above the rest. If someone else is to blame for you or your loved one’s brain injury, we will fight to recover the maximum compensation for your losses. We take a thorough, aggressive, and personal approach to representing each of our clients, and we want to make sure you have the money needed for a meaningful life after your traumatic brain injury. Attorney Aaron Fhima has an exceptionally keen legal mind, and Neale & Fhima is proud of the outstanding client testimonials we receive.

How Our Dana Point Brain Injury Lawyer Can Help

Our brain injury attorneys are experienced in helping victims navigate the often-complicated legal system. We understand that you can feel overwhelmed, so rest assured that an Orange County brain injury lawyer will walk beside you every step of the way. Following are the ways we can help. We will:

1. Explain your legal rights and your options for compensation
2. Gather evidence
3. Hire expert witnesses, if needed
4. Review and analyze police reports, if applicable
5. Conduct an accident scene investigation
6. Use medical tests and treatment plans to prove your injuries
7. Interview injury witnesses
8. Construct a powerful and convincing lawsuit
9. File all motions and required documents with the court
10. Negotiate fiercely with insurance companies on your behalf
11. Argue your case in court, if necessary.

At Neale & Fhima, our skilled brain injury lawyers will fight to get the highest payout possible in your case. Call us at 888-407-2955.

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FAQs: Answers from a Dana Point Brain Injury Attorney

At Neale & Fhima, a Dana Point brain injury attorney provides answers to some of the most frequently asked questions we hear from clients. We know that information is power, and our attorneys are always available to answer questions from clients.

• What is the average settlement for a Dana Point brain injury claim?

  Because the facts in each case are so different, there is no “average” settlement for a Dana Point brain injury case. Generally, the more severe the injury, the larger the payout.

• What happens if my loved one dies after a brain injury accident?

  If your loved one dies due to a brain injury accident, you can file a wrongful death claim to receive damages for medical costs, loss of future earnings, pain and suffering, and funeral and burial costs of a deceased family member. Under California law, parties who can file a wrongful death claim include:

  California law states that all wrongful death claims must be brought within two years of the person’s death. (CCP 335.1)

• Will I have to be interviewed under oath?

  In many brain injury cases, you could be interviewed under oath by opposing counsel (a deposition) as part of the legal process. Your Dana Point brain injury attorney will prepare you for this interview and accompany you to the deposition.

• Should I talk to insurance representatives if they show up at my home?

  Generally, no, it is not a good idea to talk to an insurance representative after you have hired your Dana Point brain injury lawyer. It is best to say as little as possible. Your lawyer can handle all communication on your behalf. If insurance representatives show up at your house with a settlement check, do not accept or cash the check without speaking to your Dana Point brain injury lawyers first. Insurance companies often lowball their offers to get you to settle for less than your case is worth.

• I cannot remember some things about my injury accident because my brain was damaged. What do I do?

  It is understandable that your cognitive abilities can be temporarily or permanently impaired after a brain injury accident. Your Dana Point brain injury lawyer can accommodate any special needs you may have, and a court will not expect you to remember facts that you cannot recall. If necessary, Neale & Fhima can hire expert witnesses to prove your injuries and impairment.

• I am uncomfortable with the legal system and not the suing kind. Why should I file a lawsuit?

  It is important to remember that you will be suing someone’s insurance company, not suing a person just to get revenge. The purpose of insurance companies is to provide financial protection for individuals and/or businesses. That is why insurance exists. We encourage clients to think of a lawsuit as a way of ensuring that medical bills are paid and that an injured person and their family have financial resources to live on in the future.

• What if my brain injury happened because a doctor made a mistake during surgery?

  You can file a medical malpractice claim if your brain injury was caused by a doctor’s or hospital’s negligence. Medical professionals have a duty of care to their patients. A brain injury caused by a mistake during surgery, unsafe or unsanitary hospital conditions or understaffing can be grounds for a Dana Point brain injury lawsuit.

• What areas does Neale & Fhima serve?

  With offices in Dana Point, Irvine, San Diego, Los Angeles, and San Francisco, Neale & Fhima serves clients throughout California.

If you have additional questions, the Dana Point brain injury lawyers at Neale & Fhima would be glad to provide answers. Call us at 888-407-2955 for a free consultation. You are under no obligation.

What Causes Brain Injuries?

A whole host of accidents and circumstances can cause brain injuries and TBI. The following are some of the most common causes:

• Slips-and-Falls

  A slip, trip, or fall in which an individual loses their balance and smashes their head into a hard surface often results in a brain injury. Whether slipping on a wet floor, tripping over an uneven sidewalk, or falling from a ladder, these accidents can result in severe injury to the brain tissue.

• Vehicle Accidents

  A car accident, collision with a semi-truck, or motorcycle crash is often the cause of brain injuries. Even when wearing a seatbelt, a driver and passengers are vulnerable to sudden jerking motions, crushed metal, and flying glass in a vehicle accident, which can result in a serious TBI.

• Sports Injuries

  Collisions and tumbles are often part of the game when playing soccer, football, baseball, skiing, and other sports. But sometimes the collisions or falls can be so severe that they cause a traumatic brain injury.

• Medical Malpractice

  A fall at a nursing home, hospital, or another medical facility can cause a brain injury. Also, negligent practices by a doctor or nurse can result in severe cognitive impairment. When this happens, you can file a lawsuit for medical malpractice.

• Workplace Injuries

  Workers can be injured by heavy equipment, wobbly scaffolding, large machinery, and other on-the-job hazards, often resulting in brain injury.

• Toxic Substances

  Exposure to toxic chemicals can result in neurological damage and brain injuries. These injuries can build over time and cause memory loss, degradation of motor skills, and cognitive impairment.

• Assault

  Some individuals, unfortunately, sustain brain injuries when they are assaulted by another person. Head trauma can arise when hit by a fist, shoved against a wall, or tackled to the ground.

These are just a few of the many causes of brain injuries. If you sustain head trauma, seek medical attention right away. Do not delay. A few minutes or hours can make all the difference when preventing additional injury to the brain or spinal cord.

Statute of Limitations for a Brain Injury Lawsuit

The statute of limitations for filing a brain injury claim is two years in California. (California Code of Civil Procedure section 335.1.) The clock starts ticking on the day the injury occurred. If the injury was not discovered right away, then the deadline for filing a claim is one year from the date the injury was discovered. For a wrongful death claim, the statute of limitations is two years from the date the person died, which in some cases could be weeks or months after the injury occurred. It is important to file your lawsuit before the statute of limitations runs out. Otherwise, a judge could dismiss your claim.

5 Facts About a Neale & Fhima Brain Injury Lawyer

1. We Are Compassionate and Caring

   Our Dana Point brain injury lawyers understand that you have been through a traumatic experience and may feel overwhelmed by the legal system. Our staff is compassionate, caring, and always available to answer your questions. You do not ever have to feel alone.

2. We Know the Law

   An Orange County brain injury lawyer at Neale & Fhima is exceptionally skilled at understanding the quirks and intricacies of California’s negligence and personal injury laws. We put this knowledge to work for you.

3. We Are Not Intimidated

   Opposing counsel for insurance companies can sometimes try to bully injured victims into settling for less than their case is worth. A Dana Point brain injury attorney at Neale & Fhima will not let this happen. Huge insurance companies do not intimidate us.

4. We Have Years of Experience

   The brain injury lawyers at Neale & Fhima have more than 40 years of combined experience representing clients. We will always keep your best interest in mind.

5. We Win Cases

   Neale & Fhima has a winning track record when it comes to brain injury cases. We will leave no stone unturned when gathering evidence and fighting for your rights.

How Much Does It Cost to Hire an Orange County Brain Injury Attorney?

At Neale & Fhima, our Dana Point brain injury lawyers work on contingency, which means our attorneys’ fees and case expenses are paid by the defendant’s insurance company in successful brain injury lawsuits. Our fees will be paid as part of a settlement agreement or jury award.

Damages You May Be Entitled To

If you have sustained a brain because another person or business was negligent, a Dana Point brain injury lawyer can fight both economic and non-economic damages. These include:

Economic

• Medical and hospital bills
• Cost of future medical care and rehabilitation
• Loss of future earnings potential
• Lost wages
• Property damage
• Wrongful death (if the injured person dies).

Non-Economic

• PTSD and emotional distress
• Pain and suffering
• Scarring and disfigurement
• Loss of consortium.

Punitive damages can also be awarded in limited cases if a defendant’s disregard for the safety of others is particularly shocking. This is intended to punish the defendant and send a warning to other potential offenders.

Talk to a Dana Point Brain Injury Lawyer Today

If you have sustained a brain injury or spinal cord injury, speak to a Dana Point personal injury lawyer today. There is no time to lose if you want to recover financial compensation for the injury you experienced due to someone else’s negligence. You do not have to suffer alone. Call us at 888-407-2955 for a consultation about your case. You are under no obligation, and the phone call is free.

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