Bakersfield Brain Injury Attorneys
Bakersfield Brain Injury Attorneys
Very few diagnoses can derail a person’s life and future plans like a traumatic brain injury (TBI). While there are many kinds of TBIs, all of them have the potential to cause serious and permanent cognitive and physical disabilities. If you or someone you love has suffered a TBI due to another person’s negligence, our Bakersfield brain injury lawyers can help you pursue the funds you need to cover medical costs, loss of income, pain, and suffering, and other damages. We work closely with neurologists, neurophysiologists, economists, life care planners, and other experts whose deposition can be incredibly valuable in these cases. Our attorneys have many decades of combined experience in catastrophic injury claims, so we know how to anticipate and avoid costly disputes before they arise. We also understand how to maximize the potential value of our clients’ cases. To speak with a member of our team in a free case review, call 1-800-GO-HARRIS.
How Can a Brain Injury Attorney Prove the Value of Future Damages?
Some personal injury claims involve temporary injuries that heal fully within a matter of months. But when a person suffers a traumatic brain injury, it is likely that he or she will continue to incur significant medical bills, lost income, and other damages long after the case has been resolved. When approximating the value of your claim, it may be necessary for your Bakersfield brain injury attorney to account for many decades of healthcare costs, lost wages, lost benefits, home care, and other expenses. This may involve hundreds of hours of investigations, research, and evidence gathering. Your lawyer might bring in an economist, vocational specialist, and various medical experts to assist with the settlement calculations, and if the defendant disputes the value of your damages, the deposition of these experts may be necessary to strengthen your case. Below are a few examples of evidence your attorney may use to prove the value of future damages:
- Your Medical Records: Any diagnostic imaging, lab test results, and other documentation from your healthcare providers may be used to prove the severity of your brain injury.
- Your Financial Records: Personal injury claimants can pursue compensation for any income and benefits they are reasonably certain to lose in the future as a result of their accident. Various financial documents may be needed to prove the value of these damages including tax returns, pay stubs, 1099s, and contracts.
- Deposition of Various Medical Experts: Brain injuries are incredibly complicated. Two patients could be diagnosed with the exact same injury yet exhibit very different symptoms. Some patients recover fully while others suffer permanent disabilities that affect nearly every aspect of life. Both your attorney and the attorney for the defense may use medical expert deposition to strengthen their case. There are many kinds of medical specialists who might be deposed in a brain injury case including a neurologist, neurophysiologist, neuropsychologist, respiratory therapist, physical therapist, cognitive therapist, and life care planner.
- Deposition of a Vocational Expert: It may be necessary to depose a vocational expert to prove that the injury will prevent you from returning to the same profession.
- Deposition of an Economist: Proving the value of lost income can involve complicated formulas. The insight and deposition of an economist may be needed to recover compensation for loss of future wages and benefits.
Is It Wise to Put off the Settlement Negotiation Until Reaching MMI?
Under many circumstances, it is strategically advisable to put off the settlement negotiations until the claimant has reached maximum medical improvement (MMI). If you enter the negotiations early—while doctors still expect your condition to improve—it is likely that the defense will challenge the settlement calculations because it is difficult to anticipate the degree to which a patient will recover from a brain injury until he or she has reached MMI. Unfortunately, it can take several months to well over a year to reach MMI after suffering a brain injury. In fact, some patients continue to make progress after two or even three years have passed. Our brain injury attorneys understand how stressful it can be to watch the medical bills and other expenses mount. It is important, however, that you do not rush the proceedings because once you accept a settlement, you will not be able to seek further compensation from the opposing party even if the injury turns out to be more severe than anticipated. Our lawyers can help you explore the options to stay afloat financially while your case is pending.
Set up a Free Consultation with a Brain Injury Lawyer in Bakersfield
Seeking legal counsel right away is one of the smartest steps you can take to protect your brain injury claim. We offer free consultations to personal injury victims and their families. Fill out our Contact Form or dial 1-800-GO-HARRIS to set up a case assessment.