If you or a loved one has suffered a brain injury in Mountain View, we understand that you’re likely facing a challenging situation. Our experienced Mountain View brain injury lawyers at Omega Law Group can help you build a strong case, establish liability, and secure the compensation you deserve.
When selecting a lawyer, it’s important to consider their experience and approach. You can learn more about our experience as Mountain View personal injury lawyers and how we can assist you in pursuing fair compensation for your brain injury. Let our family take care of our family.
Causes of Brain Injuries in Mountain View
Brain injuries can occur in a split second, and their causes are often multifaceted. Sports accidents are a common cause of brain injuries.
You might be tackled to the ground during a football game or crash into the boards during a hockey match. Even seemingly minor accidents, like a fall from a bike or a skateboard, can cause significant brain damage.
You may also be at risk of brain injury if you work in a physically demanding job, such as construction or manufacturing. Falling objects, heavy machinery, and electrical accidents can all lead to serious head trauma. Additionally, violent assaults, such as domestic violence or muggings, can also result in brain injuries.
Insurance Company Tactics After a Brain Injury
When you’re dealing with an insurance company after a brain injury, you’ll likely encounter tactics designed to minimize their payouts. Some of these tactics include:
Delaying Payment Tactics
A ticking clock can be a powerful tool in the hands of an insurance company, and they often use it to their advantage by employing stalling payment tactics. As you go through the process of filing a brain injury claim, you may encounter insurance delays that hinder your ability to receive the compensation you need.
Insurance companies may delay payment by requesting excessive documentation, conducting unnecessary investigations, or simply stalling their response. They may also try to wear you down by making lowball offers or denying certain aspects of your claim.
By working with an experienced Mountain View brain injury attorney, you can level the playing field and guarantee that you’re not taken advantage of by the insurance company delaying payment tactics.
Denying Legitimate Claims
During the claims process, you’ll likely encounter insurance companies denying legitimate claims as a common tactic to minimize their payouts. This is often done to protect their bottom line, even if it means leaving you without the compensation you merit.
Three ways insurance companies deny legitimate claims:
- Claim manipulation: Insurance companies may alter or misinterpret policy terms to justify denying your claim.
- Insurance fraud accusations: Insurance companies may accuse you of insurance fraud, claiming that you exaggerated your injuries or fabricated your claim.
- Lack of documentation: Insurance companies may claim that you didn’t provide sufficient documentation to support your claim, even if you’ve submitted all the necessary paperwork.
Lowball Settlement Offers
Many insurance companies make lowball settlement offers, hoping you’ll accept a fraction of what your claim is truly worth. They may try to take advantage of your lack of knowledge about the claims process or your desperation for a quick resolution.
Initial offers are often intentionally low to test your resolve and gauge your understanding of the claim’s value. Insurance companies know that you may be struggling financially, emotionally, or physically, and they’ll try to use this to their advantage.
Don’t be intimidated. A skilled Mountain View brain injury lawyer can help you determine a fair settlement value and negotiate with the insurance company on your behalf.
A Mountain View Brain Injury Lawyer Can Prove Liability in Court
When you’re seeking compensation for a brain injury, you’ll need to prove liability in court by gathering evidence that supports your claim. This involves establishing negligence claims against the responsible party and demonstrating causation between their actions and your injury.
Gathering Evidence
Gathering key evidence is fundamental to building a strong case. It allows you to prove liability in court and ultimately hold responsible parties accountable for their actions. As you handle the process of evidence collection, it’s imperative to prioritize thoroughness and attention to detail.
To strengthen your case, focus on collecting the following indispensable evidence:
- Witness statements: Collect statements from anyone who witnessed the accident or incident that led to your brain injury.
- Scene documentation: Gather photos, videos, and other documentation of the scene where the accident occurred.
- Medical records: Collect all medical records related to your injury, including diagnoses, treatment plans, and medical bills.
Establishing Negligence Claims
With a sturdy evidence foundation in place, attention now turns to establishing negligence claims, an important phase in proving liability in court. You’ll need to demonstrate that the negligent parties breached their duty of care, leading to your brain injury.
To build a strong negligence claim, you’ll rely on expert testimony from medical professionals, accident reconstructionists, and other specialists. Their objective analysis will help establish the standard of care that should have been met and how the negligent parties fell short.
Demonstrating Causation
You must now demonstrate that the defendant’s negligent actions directly caused your brain injury. This requires establishing a clear link between their actions and your injury, which can be a multifaceted and challenging task.
To demonstrate causation, you’ll need to rely on various causation standards and theories.
- But for causation: You must show that your brain injury would not have occurred but for the defendant’s negligent actions.
- Proximate causation: You need to demonstrate that the defendant’s actions were the direct cause of your injury and that there were no intervening factors that broke the chain of causation.
- Substantial factor causation: You must prove that the defendant’s actions were a significant contributor to your brain injury, even if they were not the sole cause.
Calculating Damages and Compensation in Mountain View
Determining the value of your brain injury claim requires an analysis of the economic and non-economic damages you’ve suffered. You’ll need to document every aspect of your life that’s been affected by the injury, from medical expenses to lost wages and emotional distress.
Economic losses, also known as special damages, are quantifiable expenses resulting from the injury. These may include medical bills, rehabilitation costs, prescription medication, lost income, and any other financial burdens directly related to the injury.
Non-economic damages, also referred to as general damages, are more subjective and encompass the emotional and psychological impact of the injury. These may include pain and suffering, loss of enjoyment of life, emotional distress, and diminished quality of life.
Contact a Mountain View Brain Injury Lawyer Today
As you proceed with your brain injury case, remember that a skilled Mountain View brain injury lawyer can be your strongest advocate. With Omega Law Group, you can focus on recovery while we fight for the compensation you warrant.
Contact us today for a free consultation. If you can’t come to our office, we’ll come to you.