The best brain injury lawyers in California
Brain Injury Lawyers at Stalwart
Brain injuries are catastrophic events that can leave victims disabled and dependent on others for survival. If you or a loved one has experienced a brain injury, you may be enduring devastating financial and emotional hardship. Our team of brain injury lawyers serves victims and families in the Los Angeles area, winning major settlements to support those who have suffered brain injuries due to others’ negligence. With more than $100 million secured for brain injury victims, our brain injury attorneys help file your brain injury claim and will fight to hold responsible parties accountable for your losses and suffering.
What is a Brain Injury?
A brain injury is damage to the brain or skull that affects how the brain works, potentially disrupting essential functions like memory, communication, and physical movement. Brain injuries can result from external force to the head or internal conditions like infections, hemorrhages, or lack of oxygen.
The severity of brain injuries ranges from mild concussions that cause temporary symptoms to catastrophic brain injuries that result in permanent loss of brain function. Recovering from brain damage often involves extensive medical treatment, rehabilitation, and support. When these injuries result from another person’s or organization’s negligence, whether through preventable physical accidents or medical malpractice, victims have the right to pursue compensation to ease the burden of the injury and help rebuild their lives.
Medical Malpractice Brain Injuries
Stalwart’s award-winning attorneys specialize in medical malpractice and catastrophic injury, which include brain injury lawsuits. Our leading medical malpractice lawyer, Dr. Steven Heimberg, is both a physician and an attorney who has won historic verdicts in California. Dr. Heimberg has dedicated his career to helping people and fighting for justice exclusively on behalf of the injured throughout California and the whole of the United States.
If a brain injury was caused by medical malpractice, or negligence on behalf of a healthcare professional or institution, the stakes of the lawsuit become much higher. Medical malpractice brain injury cases often yield high settlements and can set potentially life-saving precedents in the medical community.
Medical negligence can lead to brain injuries in the following ways:
- Delayed or missed diagnosis and treatment of stroke
- Oxygen deprivation, also known as a hypoxic brain injury
- Failure to recognize and treat infections
- Misdiagnosis leading to worsening of brain injury
- Failure to treat ongoing brain issues such as seizure disorder
- Medication Errors
- Surgical Errors
Brain Injury Settlements: Why Stalwart Law is the Best Legal Team to Help in Your Case
$68 MILLION
$17 MILLION
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$9 MILLION
$8.95 MILLION
How to Prove Your Brain Injury Claim and Win Your Case
Proving your brain injury claim in California requires demonstrating that another party’s negligence, recklessness, or intentional actions caused your injury. Doing this involves submitting evidence to prove the severity of your injury and the defendant’s responsibility for your damages. To secure maximum compensation, victims should work with a lawyer who has both a strong medical and legal understanding of brain injuries.
Essential Elements to Prove Your Claim
A brain injury lawyer will help win your case by supporting your claim with these key elements:
Medical Records and Test Result
All medical documentation that proves you have suffered a brain injury and describes the severity of your damages.
Incident Reports
Official documentation such as police reports, workplace injury reports, or EMT records from the incident.
Expert Testimony
Recruiting experts like neurologists to validate the severity of your injury is crucial to supporting your claim.
Life Impact
Malpractice verdict for a woman with congenital brain problems, whose brain shunt became infected, leading to near-paralysis and additional brain damage
Eyewitness Statements
Testimonies from those who witnessed the accident can establish how the incident occurred and who was at fault.
Proof of Causation
Establishing that your injury was the direct cause of someone’s negligent or reckless actions, rather than pre-existing conditions or other factors.
Your lawyer will work closely with you to gather evidence, recruit expert witnesses, and legally establish the responsibility of the defendant. In addition to gathering evidence, the discovery process may also involve a CT scan or MRI to uncover signs of bleeding in the brain (hemorrhage), blood clots (hematomas), bruised brain tissue (contusions), and brain tissue swelling.
Comparative Fault in California
In California, brain injury laws follow the rule of pure comparative negligence, meaning that a plaintiff’s compensation can be reduced if they are found partially at fault for their injury. For example, if a plaintiff is 25% responsible for their injury, their total compensation will be reduced by that percentage.
This means you can still file a lawsuit and win your claim even if you are partially responsible for the incident. Although your maximum monetary reward may be reduced, can still recover economic and non-economic damages that will help your recovery.
Compensation for Brain Injuries in California
If you have sustained a head or brain injury due to a traumatic accident or the negligence of a third party, our brain injury attorneys will help by handling all aspects of your lawsuit. Our mission is to secure the maximum financial settlement available to you.
The amount awarded in brain injury lawsuits ranges greatly based on severity, life impact, and the circumstances of the case, such as the level of liability of the parties involved. In general, the more severe the injury, and the higher the resulting expenses, the more compensation your case will command. Based on available information, the average brain injury settlement in California is between $1 million to $6 million, with mild cases starting near $20,000, and more catastrophic cases reaching as high as $70 million. At Stalwart Law, our highest brain injury settlements have rewarded an average of $20 million to victims.
A well-qualified brain injury lawyer can analyze your case and estimate your compensable damages. If you’ve endured a brain injury due to someone’s negligence, you’re likely entitled to payment for the following economic and non-economic damages:
- Medical Bills
- Rehabilitation expenses
- Future medical needs
- Pain and suffering
- Lost Wages
- Loss of earning capacity
- Punitive damages
Frequently Asked Questions
What Is the First Step in Filing a Brain Injury Lawsuit in California?
The first step is to consult with a qualified brain injury lawyer who has experience handling similar cases in California. An initial consultation typically involves reviewing the details of the injury, the circumstances that led to it, and the potential for a legal claim. The attorney will assess the viability of your case and advise on the best course of action.
How Long Do I Have to File a Brain Injury Lawsuit in California?
In California, the statute of limitations for personal injury cases, including brain injury lawsuits, is generally two years from the date of the injury. However, if the injury was not discovered right away, you might have one year from the date the injury was discovered. There are exceptions to these rules, so it’s crucial to consult with an attorney as soon as possible to avoid missing critical deadlines.
What Kind of Compensation Can I Expect From a Brain Injury Lawsuit?
Compensation in brain injury cases can vary widely depending on the severity of the injury, the impact on the victim’s life, and the circumstances of the incident. Generally, compensation may cover medical expenses, rehabilitation costs, lost wages, loss of future earning capacity, pain and suffering, and, in some cases, punitive damages.
Are Brain Injury Lawsuits Expensive to Pursue?
The cost of pursuing a brain injury lawsuit can vary, but many brain injury lawyers in California work on a contingency fee basis. This means the attorney’s fees are contingent upon securing a settlement or winning a verdict. Typically, the lawyer will take a percentage of the compensation awarded. Expenses for medical experts, investigations, and court fees are often advanced by the attorney and reimbursed from the settlement or award.
How Is Fault Determined in a Brain Injury Case?
Determining fault involves establishing negligence on the part of the defendant. Your attorney will need to prove that the defendant owed a duty of care, breached that duty, and directly caused the injury due to their actions or inactions. This often requires extensive evidence gathering, including medical records, eyewitness testimony, and expert analysis.
What Should I Expect During the Litigation Process?
Litigation can be lengthy and complex, involving several stages, including filing the lawsuit, discovery (where both sides exchange evidence), settlement negotiations, and potentially a trial. Throughout this process, your attorney will advocate on your behalf, negotiate with the defense, and prepare for trial if necessary. Communication with your legal team is key to understanding each phase and making informed decisions.
How Long Does a Brain Injury Lawsuit Take in California?
The duration of a brain injury lawsuit can vary significantly, from several months to a few years, depending on the complexity of the case, the willingness of parties to settle, and the court’s schedule. While settlements can resolve cases more quickly, going to trial typically extends the timeline.
Can I Settle My Brain Injury Claim Outside of Court?
Yes, many brain injury claims are settled out of court. Settlements can provide a quicker resolution and guaranteed compensation without the uncertainties of a trial. Your attorney will negotiate with the defense to reach a fair settlement that covers your needs. However, if a satisfactory agreement cannot be reached, your case may proceed to trial.
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