Brain Injury Lawyer

Knowledgeable Dana Point Brain Injury Lawyer

A brain injury is a personal journey filled with uncertainties, setbacks, and, ultimately, hope for recovery. Whether it occurred in a car accident, a workplace incident, or due to medical negligence, the consequences ripple through every aspect of your life.

At Neale & Fhima, we understand the multifaceted impact a brain injury can have on individuals and families, from physical limitations to emotional upheaval and financial strain. We’re not just lawyers; we’re compassionate advocates who genuinely care about the well-being of our clients.

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.

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 severely injure 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, unsafe 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 another person assaults them. 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.

Why Choose Us as Your Brain Injury Lawyers?

Choosing the right legal representation for your brain injury case is crucial. Here’s why we stand out as the top choice for brain injury victims and their families:

• Decades of Experience: With over 40 years of combined litigation experience, our legal team at Neale & Fhima brings a wealth of knowledge and expertise to every brain injury case we handle. Attorney Aaron Fhima has an exceptionally keen legal mind to navigate the complexities of brain injury litigation and recover millions of dollars in compensation for our clients.
• Proven Results: Our track record speaks for itself. We have secured substantial settlements and verdicts for brain injury victims and their families, ensuring they receive the financial resources they need to rebuild their lives. Our commitment to obtaining maximum compensation sets us apart from the rest.
• Thorough and Aggressive Representation: We take a thorough and aggressive approach to representing each of our clients. From conducting comprehensive investigations to advocating fiercely on their behalf in negotiations and courtrooms, we leave no stone unturned in pursuit of justice. We understand the intricacies of brain injury cases and work tirelessly to hold negligent parties accountable.
• Compassionate Guidance: We recognize the emotional toll that brain injuries can take on individuals and their families. That’s why we provide compassionate guidance and support every step of the way. Our team is here to offer reassurance, answer questions, and provide support to navigate the legal process confidently.
• Personalized Approach: At Neale & Fhima, we understand that no two brain injury cases are alike. That’s why we take a personalized approach to every case we handle. We take the time to listen to our client’s stories, understand their unique circumstances, and tailor our legal strategies to meet their specific needs and goals.
• Maximum Compensation: If someone else is responsible for causing your brain injury, we will not rest until we have secured the maximum compensation for your losses. Whether through negotiation or litigation, we will vigorously pursue justice on your behalf.

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:

• Rigorous Investigation: We understand the importance of a thorough investigation in building a strong case. Our team will meticulously gather evidence, including medical records, accident reports, witness statements, and expert opinions, to establish liability and prove the full extent of your injuries.
• Evaluation of Damages: Brain injuries can result in significant damages, including medical expenses, lost wages, pain and suffering, and long-term care costs. Our attorneys will carefully evaluate your case to determine the full extent of your damages and fight for fair compensation to cover your current and future needs.
• Medical Experts and Rehabilitation Specialists: We understand the complex medical aspects of brain injuries and their long-term implications. Our firm has access to a network of trusted medical experts and rehabilitation specialists who can assess your condition, provide expert opinions, and develop a comprehensive treatment plan to maximize your recovery.
• Negotiation with Insurance Companies: Dealing with insurance companies can be daunting, especially when they prioritize their bottom line over your well-being. Our Dana Point Brain Injury Lawyers have extensive experience negotiating with insurance adjusters to secure fair and just settlements for our clients. We will advocate on your behalf to ensure you receive the compensation you deserve for your medical expenses, lost wages, pain and suffering, and other damages.
• Litigation and Trial Representation: Our trial-tested attorneys are prepared to take your case to court in cases where a fair settlement cannot be reached. We will provide aggressive representation in the courtroom, presenting compelling evidence and arguments to a judge and jury to secure a favorable verdict on your behalf.

Damages You May Be Entitled to in a Brain Injury Case

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

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.

FAQs: Answers from a Dana Point Brain Injury Attorney

At Neale & Fhima, our Dana Point brain injury attorney answers 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 may be able to 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. 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 visit my home?

Talking to an insurance representative is not a good idea. It is best to hire a lawyer and 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?

Understandably, 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, and a court will not expect you to remember facts you cannot recall. Neale & Fhima can hire expert witnesses to prove your injuries and impairment if necessary.

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 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 gladly provide answers. Call us at 888-407-2955 for a free consultation. You are under no obligation.

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 immediately, 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.

Talk to a Dana Point Brain Injury Lawyer Today

If you have sustained a brain 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.