Mission Viejo Brain Injury Attorneys
Mission Viejo Brain Injury Attorneys
A traumatic brain injury can cause a wide range of debilitating symptoms including memory loss, cognitive and physical impairment, and changes in mood or personality. The effects of TBI are felt not only by victims but also by their closest friends and family. Our brain injury attorneys in Mission Viejo offer aggressive representation to people who have suffered TBI due to the negligence or intentional wrongdoing of others. We have a track record of success in brain injury cases of varying complexity. Our lawyers won’t shy away from a fight if the opposing party is unwilling to cooperate. We are seasoned litigators with a passion for getting our clients the full compensation they deserve, even if that means going all the way to trial. For a free consultation, call 1-800-GO-HARRIS.
Elements to Prove in a Brain Injury Lawsuit
If you’re certain that someone else caused the injury and you have strong evidence to prove their wrongdoing, you might assume that your claim will be easy to win; however, even if the defendant was in fact liable, there are all sorts of reasons why a dispute might arise that reduces the value of your claim or, at the very least, extends the duration of the proceedings. To avoid disputes, you will need strong evidence to prove three elements: liability, causation, and damages. Below is an overview of these three terms:
- Liability: To say a party is “liable” for your injury is akin to saying a party is legally responsible for your injury. Proving liability in a brain injury lawsuit usually requires the plaintiff to establish negligence, though these lawsuits can also be filed on the basis of intentional wrongdoing. If you suffered a brain injury while using a defective product, you may even be able to bring a claim on the basis of strict liability, meaning a finding of intent or negligence would not be necessary to hold the defendant liable.
- Causation: To recover damages, you must be able to show that the tort was a proximate cause of the damages being claimed. You will not be able to recover compensation for injuries or losses that were not caused by the tort. For instance, if you suffered a brain injury in an accident but had a heart attack while in the hospital, the defendant wouldn’t necessarily be liable for damages arising from the heart attack since it is unlikely that the tort was a proximate cause of it.
- Damages: Your Mission Viejo brain injury lawyer must be able to prove the kinds of damages that have accrued and their value. Beyond the lost income and healthcare costs, you may be able to obtain compensation for other economic damages like home and vehicle modifications, child care, and transportation. Non-economic damages may also be available such as pain and suffering and loss of life enjoyment. If you are married, your spouse might be entitled to compensation for loss of consortium. And if the person who caused your brain injury acted with oppression, malice, or fraud, punitive damages might be obtainable.
Factors That Influence the Settlement Calculations in Brain Injury Lawsuits
“How much compensation is my brain injury lawsuit worth?” It’s only natural for you to ask this question when you’re facing steep medical bills and other unexpected costs. If your future financial security is contingent on the outcome of your case, you’re probably eager to learn about the kinds of damages you can pursue and their potential value. While there’s no way to approximate a fair settlement amount before knowing the facts of your case, you may find it helpful to learn about the factors that could influence the settlement calculations. Examples include:
- The Cost of Healthcare: Past and future medical expenses can be substantial in a brain injury case. It’s not uncommon for victims to incur well over $1 million in medical costs alone within just a few years.
- Whether You’ve Lost Income: Lost wages might be recoverable if they can be attributed to the brain injury.
- The Nature of Your Injury: If the injury is permanent or will result in significant physical pain or mental suffering, you might be entitled to pain and suffering damages. It may also be possible to obtain compensation for loss of enjoyment in life.
- The Kinds of Costs Incurred: Other losses stemming from the accident might be recoverable including property repairs, child care, and transportation.
- Whether You Were Partially Liable: Your award of damages might be reduced by your own percentage of fault if you were partially liable.
Set up a Free Consultation with a Mission Viejo Brain Injury Lawyer
You can reach us 24 hours a day by calling 1-800-GO-HARRIS or by sending a message HERE. The consultation is free and you won’t have to pay anything upfront to take advantage of our legal services.