When you are drowning in medical debt, unable to earn a living, and require around-the-clock assistance due to the trauma of your brain injury, it can feel as though the weight of the world is on your shoulders. Fisher & Talwar is here to relieve you of this burden. 

When you need a reputable Anaheim brain injury lawyer you can count on, our firm is here with 20+ years of combined legal experience, ready to fight for the fair compensation you deserve. Contact our office for a free consultation today and learn more about how an Anaheim personal injury lawyer can help you understand how the personal injury claims process works.

Exploring Your Legal Options After a Traumatic Brain Injury

It is important to keep your options open after suffering a traumatic brain injury (TBI). You have likely suffered tremendous financial losses in addition to your physical injuries and emotional distress, so it is our goal to maximize your payout. You might have thought you could recover the compensation you need through an insurance claim alone, but this may not produce the results you were hoping for. With that in mind, here is more about what it takes to file a claim with the insurance company and pursue a personal injury lawsuit for a TBI:

Insurance Claim Filings 

Filing a claim with the insurance company is going to be the first step after we identify the liable party. California follows fault-based insurance laws as described under California Insurance Code § 11580.1. No matter what type of accident you were involved in, the at-fault party will be expected to pay you for the damages you suffered.

Typically, liable parties have some type of coverage. Not all parties will have insurance in place, even if they are required to by law. However, whether you were in a work-related accident, slipped and fell on someone else’s property, or were injured in a motor vehicle wreck, the at-fault party should have insurance protecting them.

Unfortunately, this insurance coverage may be insufficient. If the liable party has only purchased the minimum amount of coverage offered, this may only cover part of your medical bills and potentially your property damages or lost income. However, it is unlikely insurance will offer compensation for other losses. If the liable party does not have enough coverage to meet the actual value of your damages, going to trial may be your best option.

Personal Injury Lawsuits

You have the right to be made whole if someone else is responsible for causing your traumatic brain injury. You may not know whether another party is at fault at this time, depending on how the accident occurred. However, our investigation will uncover the truth.

When we file a personal injury lawsuit against the liable party, we will be seeking compensation for every single loss you have experienced. At trial, you will not need to worry about similar restrictions or limitations. 

However, it should be noted that California does have a cap on the non-economic damages that can be awarded in medical malpractice claims as described under California Civil Code § 3333.2. As of January 1, 2024, the maximum amount of compensation that can be awarded for non-economic damages in medical malpractice lawsuits is $550,000 for fatalities and $390,000 for non-fatal injury claims. This will increase every year by $50,000 for fatalities and $40,000 for non-fatal injuries.

Damages to Include in Your Personal Injury Demand Letter

After conducting an investigation and calculating the value of your claim, you can rely on your catastrophic injury lawyer to send a personal injury demand lawyer to the liable party or their legal representative. Here, we will be demanding a reasonable settlement that covers the full value of your damages. Compensatory damages refer to the losses you have the right to recover.

They are made up of economic damages, which are financial, and non-economic damages which are not. It is relatively simple to calculate the value of your economic damages while taking into consideration the future economic impact of your traumatic brain injuries. However, non-economic damages are subjective which can make things a little more complicated. They are made up of losses that do not have a fixed monetary value. Some examples of these damages can be seen in the official language of the statute as follows:

  • 1431.2. Several Liability for Non-economic Damages

…(2) For the purposes of this section, the term “non-economic damages” means subjective, non-monetary losses including, but not limited to, pain, suffering, inconvenience, mental suffering, emotional distress, loss of society and companionship, loss of consortium, injury to reputation and humiliation.

Fisher & Talwar Handles the Vast Majority of TBI Accidents

Traumatic brain injuries can happen in nearly any type of accident or incident. These are some of the most debilitating types of injuries you can sustain. Typically, suffering a traumatic brain injury would be considered one of the worst-case scenarios after an accident. Some of the most common types of accidents known for causing TBIs include:

  • Car accidents
  • Truck accidents
  • Motorcycle accidents
  • Bus accidents
  • Construction accidents
  • Pedestrian accidents
  • Slip and fall accidents
  • Rideshare accidents
  • Defective product claims
  • Medical malpractice
  • Dog bites and animal attacks
  • Bicycle accidents
  • Nursing home abuse
  • Premises liabilities

What to Expect When We Take on Your Case 

It takes courage to reach out to an Anaheim traumatic brain injury attorney for help after everything you have been through. We want you to feel confident and empowered as you demand the fair compensation you deserve. Taking on your case, our team will review the circumstances to determine which legal options are available to you.

We will handle all claim filings and negotiate with insurance companies on your behalf. If the insurer tries to convince you to settle for less than you deserve, our team will not be afraid to challenge their initial settlement offer and renegotiate for a more reasonable payout. As evidenced by our multimillion-dollar settlements, including a recent $3 million settlement for a construction defect, a $6 million trial verdict in an auto fatality case, and a $1.25 million drug litigation payout, our team is uniquely qualified to protect your rights.

Meet With a Distinguished Brain Injury Lawyer in Anaheim for Help Today

Evaluating the cause of your traumatic brain injury is only the beginning of the personal injury claims process. Once we identify the liable party, we will have a better idea as to whether we can recover an insurance settlement alone or if we will need to bring your case to trial. 

Either way, you can rest easier knowing your dedicated brain injury attorney in Anaheim from Fisher & Talwar will stop at nothing to get you the justice you deserve. When you are ready to take action on your legal claim, start by scheduling your free, no-obligation consultation. You can reach us by phone or through our convenient contact form to get started as soon as today.