Brain Injury Lawyer

Alabama's Legal Powerhouse

Birmingham Brain Injury Lawyer Who Fights for You

Our Brain Injury Attorney Helps You Get Compensation

A Birmingham brain injury lawyer can help you get compensation if you or a loved one has suffered a brain injury due to someone else’s negligence or fault.

The brain is a sophisticated organ with over 100 billion neurons; it is also delicate and can easily be damaged, and the consequences of such injuries can be devastating. Common causes of brain injuries include:

  • Car and vehicle accidents
  • Workplace and construction accidents
  • Falls
  • Objects that strike or pierce the brain
  • Medical malpractice and accidents that occur at birth
  • Toxic exposure to chemicals
  • Sports and recreation injuries
  • Injuries from defective products
  • Injuries from violence.

Brain injuries can range from mild to moderate to severe. In severe cases, brain injuries can lead to paralysis, inability to communicate, coma, or death. According to the Brain Injury Association of America, over 1.5 million people face traumatic brain injuries (TBI) every year, and at least 50,000 individuals will die from their injury. Survivors of TBIs may be unable to take care of themselves and require expensive and exhausting life-long care and therapy.

While no amount of money can make up for such life-altering tragedy, if you or a loved one has suffered brain injury due to someone else’s negligence or fault, you may be entitled to compensation for your losses through a personal injury lawsuit. A settlement can ease your financial burdens and help pay for necessary care.

At The Wininger Law Firm, LLC, we understand the profound difficulties posed by brain injuries, and we are here to help. Our Birmingham brain injury lawyers have helped families for over five decades, obtaining fair and just results in Alabama personal injury cases. The trusted attorneys at our family firm provide responsive, personalized legal representation through every step on the road to get resolution of your case.

We offer a free consultation to examine the facts of your personal injury case and find the best legal strategy to get you the settlement you deserve. We work on a contingency basis, so we are paid only if we obtain a settlement or favorable verdict for you.

We take care of all necessary legal matters, so you can concentrate on your family’s needs after a brain injury.

If you or your loved one has been involved in a personal injury accident, call us today at (205) 322-3663 for your free, no-obligation case evaluation.

Compensation Our Brain Injuries Lawyers in Birmingham May Win For You

In a successful case, our attorneys will be able to win a compensation award, called “damages,” for your losses. Compensatory damages in Alabama can be divided into two general categories: economic damages and non-economic damages.

Economic Damages – These cover your monetary losses and expenses, including:

  • Medical and rehabilitation costs
  • Costs of continuing care
  • Loss of earnings and future earning capacity
  • Property loss
  • Costs of modifying the home or vehicle, such as to accommodate a wheelchair.

Non-economic damages – These are for losses that cannot be easily quantified in dollars, and may include:

  • Pain and suffering
  • Mental and emotional anguish
  • Permanent disability
  • Loss of consortium
  • Loss of quality and enjoyment of life.

Since there is no fixed monetary standard for non-economic damages, the amount of compensation you may receive will be up to the judgment and discretion of the jury in each case to decide what amount would be fair compensation. Factors that may be considered include:

  • Victim’s age, family situation, and the impact on the victim’s life
  • The seriousness and permanence of the injuries and whether continuing care is required
  • Victim’s earning capacity prior to the injury and loss of future income.

Other factors affecting settlement amounts include the generosity of the individual judge and jury that hears your case and the skill and ability of your attorney.

Punitive Damages – In some rare cases when the victim sustains serious and catastrophic injuries and the responsible party acted with deliberate recklessness or conscious malice, punitive damages may be also be awarded. These are intended to punish the wrongdoer and help deter similar acts in the future.

Settlement amounts vary according to the facts of the case, but when brain damage is severe and involves large costs and devastating effects on the quality of life, settlements may range into the hundreds of thousands or millions of dollars.

Call our brain injury lawyers today to discuss your individual circumstances at (205) 322-3663.

Brain Injuries and the Disabilities That May Result

The brain is made up of delicate soft tissue, cushioned and protected by three layers of membrane and floating in fluid. Accidents that involve a sudden blow to the head can cause the brain to move around violently inside the skull. The brain may then swell and fill with fluid, creating pressure against the hard skull. This may prevent blood from reaching brain cells and cause additional damage. Other causes of brain injuries include:

  • Forces that penetrate or fracture the skull
  • Bone fragments being pushed into the brain
  • Destructive shock waves that cause tissue damage
  • Bruising and bleeding in the brain.

Brain injuries may be closed or open.

  • Closed — A closed head injury is usually caused by a hard blow or impact; the skull remains intact, and no entry to the brain is made.
  • Open – Open head injury occurs when an object pierces through the skull and penetrates the brain.

Common Disabilities Resulting from Traumatic Brain Injuries

Brain damage from an open or closed head wound may manifest itself immediately or may take several days to show up, so anyone injured should seek medical help.

Temporary, long-term or permanent neurological impairment may occur and may result in:

  • Difficulties with Cognition – thinking, reasoning and memory
  • Sensory Processing Difficulties – sight, smell, taste, touch and hearing
  • Communication Problems – understanding and expression
  • Changes in Behavior or Mental Health — acting out, aggression, personality changes, anxiety and depression, lack of impulse control
  • Unresponsiveness – stupor, unconsciousness, or persistent vegetative state (PVS).

A severely brain-injured individual may be unable to:

  • Speak or understand language
  • Recognize people or surroundings
  • Take care of their daily needs
  • Have a social life or work and earn money.

Victims of brain injury may have emotional and behavioral issues that cause major problems for the person and those around them. The brain-injured person may need costly therapy and equipment and continuing care for life and may wind up having to be institutionalized.

Concussions from Brain Injury

According to the Centers for Disease Control (CDC), many of the 10,000 annual emergency room visits for traumatic brain injury, or TBI, are for sports activities like horseback riding, ice skating, golf, ATV riding, sledding, football, soccer, bicycling, basketball and playground injuries.

Seventy-five percent of TBI injuries involve concussions. A concussion is a closed TBI resulting from an impact to the head. A person may or may not lose consciousness after a concussion.

Physical symptoms of a concussion include:

  • Headache
  • Nausea or vomiting
  • Dizziness or balance issues
  • Sensitivity to light or noise; blurry vision
  • Foggy mental state or sluggishness
  • Confusion or memory problems.

Hemorrhage within the brain or between the skull and brain can lead to long-lasting or permanent loss of mental function. These injuries frequently result in death, especially if action is not taken to stop bleeding and conserve brain tissue.

The Birmingham brain injury lawyers at The Wininger Law Firm, LLC have obtained substantial settlement awards at trial for traumatic brain injury victims. Call an Alabama TBI attorney today at (205) 322-3663.

Birmingham Brain Injury Attorneys Must Prove Negligence

To win your brain injury case, our attorneys have to prove that the injury occurred due to the defendant’s negligence, recklessness, or fault. This means showing that the following elements exist:

  • The defendant owed you a duty of care not to cause harm.
  • The defendant breached this duty by acting negligently or failing to act the way a responsible person should.
  • This breach caused your brain injury.
  • You suffered actual damages as a result.

Proving negligence requires careful investigation of the circumstances of the accident and finding all responsible parties, as each may have insurance and assets. Our Birmingham brain injury attorneys would examine the accident scene and gather evidence by:

  • Interviewing witnesses and first responders
  • Acquiring evidence such as photos and videos from surveillance or traffic cameras
  • Examining medical, hospital, and police records
  • Hiring experts to reconstruct the accident and how it happened
  • Hiring medical experts to provide medical testimony as to how your brain injuries affect your life and the care you will need in the future.

Alabama has a contributory negligence legal doctrine for personal injury cases. You can be barred from recovering damages if you are found to have done something that “contributed” in any way to the accident. This makes cases more difficult to prove, and makes it even more essential to get legal representation as soon as possible after the injury. It is important to start investigating quickly, while witnesses’ memories are fresh and evidence is still available.

Call Our Brain Injury Attorneys in Birmingham for Help With Your Case

Alabama personal injury laws are complicated, and the sooner you contact The Wininger Law Firm, LLC, the sooner we can get to work for you. In addition, Alabama has a statute of limitations, a deadline for filing a lawsuit. According to Alabama Code Title 6 Section 6-2-38, you generally must file within two years of the time the injury occurred or the courts are unlikely to hear your case.

The sooner you contact us, the better our chances to build your case and the greater your chance of securing full and fair compensation. The brain injury attorneys of The Wininger Law Firm have helped families for over five decades to obtain fair and just results in personal injury cases in Alabama.

Through the decades, the core values and principles of The Wininger Law Firm have not wavered — integrity, a commitment to excellence, and effective legal advocacy for those whose lives have been altered forever because of the wrongdoing and negligence of another.

Call us today at 205.322.3663 to arrange for a free, confidential consultation about your personal injury accident.

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