Yorba Linda Brain Injury Attorneys
An experienced and skilled Yorba Linda Brain Injury Lawyer at Bisnar Chase can help you pursue fair compensation for your losses. If your injury was the result of someone else's negligence, he or she should be held accountable for your injuries, damages and losses.
The legal team at Bisnar Chase has been helping accident victims win millions in compensation for over four decades. Our personal injury attorneys have maintained a 99% success rate and do not show any signs of stopping.
If you or a loved one has suffered a brain injury, please call the Yorba Linda brain injury attorneys of Bisnar Chase at 949-203-3814 for a free consultation.
When you call our law offices today you will receive free advice from a top-notch legal expert.
Immediately After the Injury You Should…
Call 911: If you have suffered a serious head injury, call the local authorities as soon as possible. The police will then call for emergency personnel. If you are immobile, do not try to move. Moving can potentially worsen your condition.
Get medical care: When you arrive at the hospital, most likely you will receive various scans to check if your skull has been cracked or if your brain has been compromised. Remember to collect an after visit summary, so you may later provide this as evidence when filing your claim.
Take time to recover: You may want to jump back into working or performing daily task if you feel fine. One of the primary treatments doctors strongly encourage after a injury is to rest. If you do not receive an adequate amount of rest, your injury may take longer to heal.
Seeking Compensation in Yorba Linda
Depending on the severity of the accident, a brain injury can result in a multitude of losses. Victims may incur emergency room and hospitalization expenses, lost wages, and more. Some victims may never again return to work, and victims of serious brain injuries may require round-the-clock assistance to perform basic functions. The financial, emotional and physical losses can take a major toll on a victim. Head injury victims should be fairly compensated for their injuries.
Actions to take when seeking compensation for your incident:
- Obtain professional medical aid immediately: When you have experienced a head injury, you must be transfered to a doctor immediately to examine you. TBIs can have lasting effects and can interfere with your cognitive skills. At times, a brain injury victim will feel fine, but later on can feel jarring effects.
- File a claim: After you have received medical treatment for your injuries, it is important to file an accident claim through your insurance company. Brain injury victims will then be assigned to a claims agent to negotiate an amount of compensation on their behalf. When an amount is reached then an offer will be presented. If the offer that the opposing party’s insurance company does not cover all of your expenses, it is strongly encouraged that you seek legal advice from an attorney in Yorba Linda.
- Speak to a Yorba Linda Brain Injury Lawyer: The Yorba Linda traumatic brain injury lawyers at Bisnar Chase are experts in these types cases, along with many others, and have been for over 40 years. We have the knowledge and experience to fight against big insurance companies. Bisnar Chase’s trial lawyers, have years of experiencing fighting in the court room, selecting a jury, and holding negligent parties accountable for their wrongdoings. Contact our Orange County law firm today to receive a free consultation.
What You Are Entitled To As A Severe Head Injury Victim
As an accident victim you have the right to file for two types of compensation, which include non-economic and economic damages. Economic damages can be measured by a monetary means. Non-economic damages are not easily measured because they do not have a dollar amount signed to them.
Damages that brain injury victims are entitled to are:
Medical Costs: If you have experienced a brain injury, through a car accident or slip and fall, it is important to seek medical attention immediately. Medical costs that could be covered by the opposing party’s insurance company can be expenses for medical exams (x-rays, CAT Scans, blood work), treatment (prescription medication, surgeries, hospital stay), and after care (physical therapy, at-home nurse calls, medical equipment such as a wheel chair).
Lost Income: When a person has suffered severe trauma to the head, the possibility that they may not be able to return back to work is high. Serious head injuries can effect a person’s judgment, vision, and motor skills. Injury victims who are seeking compensation for lost wages can request that their employer write what is known as a “lost wages” letter. In the letter the employer will state details of the plaintiff’s employment history such as the number of hours the TBI victim worked regularly, the amount they were compensated in their position, and if the employee used sick/vacation hours to heal from the injury.
Property Damages: If a brain injury victim was harmed in a car accident, they may also be able to claim costs for repairs for a vehicle. Objects that were broken or lost in the collision could also be replaced. Examples of objects that can replaced include a laptop, cellphone, or a personal item such as jewelry.
Other Losses: It can be a complex process to put a dollar amount on emotional anguish or pain and suffering. Emotional anguish can involve having negative psychological ailments such as anxiety, PTSD, or depression. Emotional anguish falls into the category of pain and suffering. Other examples of pain and suffering can be consistent headaches, joint pain, and manic episodes.
Factors to Keep in Mind when Selecting a Yorba Linda Traumatic Brain Attorney
Choosing a Yorba Linda personal injury lawyer to represent you is a very complex and personal decision. Victims who have been in a catastrophic incident, may not have any experience of handling such a matter.
How do you choose the right attorney for your case?
Key factors to note when selecting a brain injury attorney include:
- Trial experience
The Sole Duty of the Insurance Company
The number one goal of the insurance company is to give you as little money as possible for your brain injury. The insurance company uses several strategies to potentially lower you amount.
One of the first tactics that is used is delaying the accident claim. When insurance companies do not immediately handle a claim, the claimant could accrue more expenses. For example, a person who has not received medical treatment for a contusion, their injury may progress leading to more medical expenses.
Another tactic that the insurance company uses is selecting a doctor of their choice to examine the head injury victim. At times, the insurance company will choose a doctor that will state that the injuries of the victim are not as severe as they present them to be.
Yorba Linda Serious Head Injury Settlements
The amount you receive in your settlement will be dependent on the severity of your injury and property damage. There is not a standard amount that each head injury victim will be given due to the fact that every case is unique.
Other factors that influence your settlement amount are whether there are multiple defendants or liability.
Liability for a TBI
Various elements need to be present when proving who is at fault for a brain injury. When proving negligence, three elements that need to be present include duty, breach and causation.
- Duty: In personal injury cases it it important to prove if the defendant held a duty to the person who was harmed.
- Breach: When the defendant has failed to provide the proper care or protect someone in their care then this is the breach of duty.
- Causation: Causation shows that the person experienced injuries and losses due to the breach of duty.
How The Yorba Linda Brain Injury Lawyers of Bisnar Chase Can Help You
Not all head injuries result in brain injuries, but many seemingly minor incidents can result in brain injuries. There are many causes of brain injuries and a number of potentially liable parties. A skilled Yorba Linda brain injury lawyer can help you understand how the accident occurred and who can be held accountable for your injuries and losses.
Send the demand letter: A demand letter acts as a way to dispute a settlement with an entity. Usually in an accident, the entity is an insurance company. Demand letters are used as a way to resolve an issue before taking legal action. Many are not aware of how to write or send a demand letter, and this is where out team of legal experts step in to format, write, and request a settlement offer.
Gather the evidence: The Orange County brain injury lawyer will not only gather your evidence which includes photos and witness accounts, but they will also be able to speak to more parties to gather more information. For example, if there was a street camera at the time of your incident, a personal injury attorney can request to view the footage.
Negotiate with the insurance companies: An experienced and skilled Yorba Linda brain injury lawyer at Bisnar Chase can help you pursue fair compensation for your losses. If the incident resulted from someone else's negligence, he or she should be held accountable for your injuries, damages and losses. If you or a loved one has suffered a brain injury, please call us for a free, no-obligation case consultation.
Common Causes of Traumatic Brain Injuries
Young children and elderly adults are the most at risk of suffering a brain injury in an accident. Approximately 18 percent of all TBI-related visits to the hospital involve children aged 0 to 4 years. TBI-related hospitalizations involve seniors aged 75 and older 22 percent of the time. Men are the victims of brain injury accidents 59 percent of the time.
The CDC compiled statistics from across the country to determine the leading causes of traumatic brain injuries (TBI). According to their research, the most common causes of brain injuries include:
- Falls: Falling accidents are the cause of 35.2 percent of all traumatic brain injuries in the United States. Falls are the cause of 50 percent of TBIs for children under the age of 15 and 61 percent of all TBIs from adults aged 65 years or older. When a falling accident or premises liability accident results in a TBI, it must be determined how the fall occurred. Was the injury the result of a slip-and-fall accident? In such cases, it must be determined if the property owner failed to post signs warning pedestrians or visitors regarding the hazardous conditions.
- Car Accidents: Motor vehicle accidents account for 17.3 percent of all TBIs making it the second leading cause of brain injuries. Additionally, car accidents are the leading cause of fatal TBIs. Whenever a brain injury results from a Yorba Linda car accident, it must be determined if the at-fault driver was negligent at the time of the crash. Drivers who are speeding, distracted, fatigued, drunk or otherwise careless can be held accountable for the catastrophic injuries they cause.
- Struck-By Accidents: The third most common cause of brain injuries involves victims being struck by or against a moving or stationary object. This type of incident is the second leading cause of TBI among children aged 0 to 14 years.
- Physical Assaults: Assaults are to blame for 10 percent of TBIs. When someone is attacked, the assailant will likely face criminal charges. It is important to understand, however, that a criminal conviction will not result in financial compensation for the victim's monetary losses. The victim, or if a wrongful death has taken place, the victim’s family can file a personal injury claim against the attacker to receive financial support for their losses.
Different Types of Head Injuries that Stem From AccidentsIt is very important that you do not ignore a serious head injury. Sometimes symptoms of brain injury do not appear right away. Talk to your doctor about any symptoms you may be experiencing such as soreness, loss of memory and or cognitive skills, nausea and depression just to name a few.
These are the common kinds of traumatic head injuries people suffer after an accident:
Concussion: Concussions are one of the head injuries that are not so obvious at first and may have long term effects. Research states that “more than 85 percent of concussions heal fine, but only if managed correctly in the first days to weeks following the injury.” One of the main treatments doctors will suggest would be to rest and to refrain from any physical activity for 1-2 days.
Open Head Injury: A penetrating head injury, otherwise known as an open head wound, happens when an object breaks the skull. One aspect to note is that just because the skull is fractured does not mean the brain has been compromised. The more severe open head injuries that do cause brain damage have noticeable symptoms like bleeding, seizures, and vomiting.
Contusion: Cerebal contusions involve different parts of the brain being bruised. Bleeding and swelling can lead to a person being debilitated. When the brain swells it can be dangerous due to the brain having a lack of oxygen. When the brain does not receive enough oxygen it can result to brain cells beginning to die.
Diffuse Axnol Injury: This type of traumatic brain injury occurs when the brain suddenly shifts inside the cranium. Nerve fibers in the brain are then compromised which can obstruct the nervous system. Cognitive and physical skills can be severely effected. The healing process if the DAI is minor could range from being from 2 weeks to 2 months.
Call the Yorba Linda Brain Injury Lawyers of Bisnar Chase
The Yorba Linda Brain Injury Lawyers at Bisnar Chase have been fighting for those in need for over 40 years. We understand that it can be intimidating to face the insurance companies alone. We want you to know you don't have to fight by yourself.
Our Yorba Linda brain injury attorneys will handle all the legal complexities for you, so all you have to worry about is recovering.
Call our Orange County law offices at 949-203-3814 for a free consultation on your personal injury case.