Fresno Brain Injury Attorneys

An injury to the brain, perhaps more than any other life event, can redirect the trajectory of a person’s life. The resulting cognitive and physical disabilities can severely impair job prospects, the ability to live independently, and familial relationships. Our brain injury lawyers in Fresno understand the adversity faced by TBI victims and their loved ones, and we are prepared to help you take legal action against the liable party. With a passion for justice and a mastered knowledge of tort law, we provide exceptional representation to those who have been injured through no fault of their own. Our attorneys have helped clients collect more than $300,000,000 in settlements and trial verdicts, with many notable victories coming in catastrophic injury cases. For a free consultation, contact us today at 1-800-GO-HARRIS.

What If the Opposing Party Disputes My Damages?

As you may know, a traumatic brain injury is among the most complex diagnoses, with profound variance in symptoms and recovery time from one patient to the next. Depending on the specific kind of brain injury, the patient may require close monitoring for months, as well as a highly adaptable and dynamic treatment program. Whether or not a patient will make a full recovery is often unknown even after several months have passed since the injury, so it’s not always easy to anticipate the kinds of ongoing medical care a patient might need, nor the impact that the injury will have on his or her future. These uncertainties pose a challenge when it comes to calculating damages in a brain injury claim. After all, the total medical cost for a patient who makes a full recovery after one year can be drastically lower—perhaps millions of dollars lower—than a patient who needs a lifetime of medical care. And that’s not yet accounting for the loss of income, nor the intangible consequences such as pain and suffering. How, then, can a brain injury attorney negotiate with the defendant’s legal team—who no doubt would be more than fine with paying you nothing—to reach a fair settlement? To answer this question with any degree of completeness would exceed the scope of this page, but to quench your curiosity, below we’ve listed just some of the tactics our Fresno brain injury lawyers may employ to avoid and counter disputes related to your damages:

• Collecting All Relevant Medical Records: One of the first steps we will take when investigating your case will be to compile your medical records. These records, likely in combination with expert witness deposition, will serve as key evidence for proving the kinds of injuries sustained, the types of treatment necessary to reach maximum medical improvement (MMI), the expected outcome of your treatment, and the associated costs.
• Getting Deposition from Medical Experts: The deposition of medical experts—both retained medical experts and your treating physician—will likely play a critical role in supporting the damages calculations. The defense will be able to depose medical experts—and experts of other disciplines—of their own, so it is of the utmost importance that you hire a Fresno brain injury lawyer who works with accomplished, well-respected experts who have the qualifications to provide credible testimony that will stand to scrutiny. At Harris Personal Injury Lawyers, we work with such experts on a regular basis. With many decades of combined experience in litigation, our attorneys are well-prepared to use expert witness testimony to strengthen your case.
• Getting Deposition from a Vocational Expert: How will the injury affect your income-earning prospects? The answer to this question may involve some degree of speculation, which is why the deposition of a vocational expert is often needed to pursue compensation for loss of earning capacity.
• Getting Deposition from an Economist: The deposition of an economist, as well, may be used to prove the value of lost future income and to demonstrate the degree to which inflation and other factors should affect your recovery.
• Gathering All Evidence of Economic Damages: Home and vehicle modifications, domestic help, and other costs might be recoverable. Evidence of such damages may include receipts, invoices, and deposition from contractors and relevant specialists.
• Supporting Our Calculations with Relevant Statutes and Case Law: At the end of the day, our goal is not to drag out the proceedings and leave the decision up to a jury; we want to obtain the compensation you deserve without unnecessary delay. In pursuit of this goal, our Fresno brain injury attorneys will support their calculations with the relevant statutes and case law so the opposing party thinks twice before taking the case to court.

Speak with a Fresno Brain Injury Lawyer Today

You can contact our office 24 hours a day by calling 1-800-GO-HARRIS. We are also available online via our Contact Page. The case evaluation is free, and we handle brain injury claims on a contingency fee basis.