If you or a loved one has suffered a traumatic brain injury (TBI) in Orange County, California due to someone else’s negligence, you need experienced legal support on your side. Brain injuries can upend your life – from costly medical bills and rehabilitation to lifelong cognitive and emotional challenges. At Kubota & Craig, we are compassionate Orange County brain injury lawyers dedicated to helping TBI victims rebuild their lives. We fight aggressively to secure the maximum compensation you deserve so you can focus on healing. (No fees unless we win – and your initial consultation is absolutely free.)
Understanding Compensation in Brain Injury Cases
One of the first questions brain injury victims ask is, “What compensation can I recover?” In California personal injury cases, you may be entitled to economic, non-economic, and even punitive damages depending on the circumstances:
- Economic Damages: These cover the tangible financial costs of your brain injury. This includes medical expenses (hospital bills, surgeries, medications, rehabilitation, cognitive therapy), ongoing care costs (nursing care, assistive devices, home modifications), and lost income. Many TBI survivors cannot return to work for an extended period (or at all), so claims often include lost wages and loss of future earning capacity if the injury impairs your ability to earn a living. We work with economists and vocational experts to calculate the full extent of your present and future financial losses.
- Non-Economic Damages: These address the intangible losses that accompany a traumatic brain injury. Pain and suffering, emotional distress, mental anguish, and loss of enjoyment of life fall under this category. A brain injury can affect your personality, your relationships, and your day-to-day happiness. Though no dollar amount truly compensates these personal losses, California law allows TBI victims to recover significant non-economic damages. We will persuasively document how the injury has impacted your quality of life – from memory problems and mood changes to loss of independence – to demand full compensation for your suffering.
- Punitive Damages: In cases of extreme wrongdoing or egregious negligence, punitive damages might be available to punish the wrongdoer. These are less common and not awarded in most standard negligence cases. However, if your brain injury resulted from particularly reckless or intentional conduct (for example, a drunk driver causing a catastrophic crash), our attorneys will explore whether punitive damages are warranted under California law. While rare, the possibility of punitive compensation can increase the pressure on defendants and insurers to offer a fair settlement.
Maximizing your compensation in a brain injury case requires a comprehensive approach. Our Orange County brain injury attorneys will gather medical documentation, prove the severity of your TBI, and demonstrate all the ways the injury has affected your life. We often collaborate with neurologists, neuropsychologists, and life care planners to fully assess your long-term needs and ensure any settlement or verdict accounts for lifetime costs. Our goal is to secure a financial recovery that covers everything – from your current hospital bills to the future care you or your loved one will require down the road.
Long-Term Impacts of Traumatic Brain Injuries
Traumatic brain injuries can have devastating, long-term impacts on victims and their families. A TBI is not like a broken bone that heals in a few months – the effects can linger for years or a lifetime. As experienced TBI lawyers, we understand the life-altering consequences brain injury survivors in Orange County face, and we use this understanding to build compelling cases for our clients.
Physical and Cognitive Challenges
Even a so-called “mild” TBI (such as a concussion) can result in persistent symptoms. Victims may experience headaches, dizziness, fatigue, or blurred vision long after the injury. More severe brain injuries can cause memory loss, difficulty concentrating, speech/language problems, and impaired coordination. Some clients endure partial paralysis, seizures, or chronic pain. These physical and cognitive deficits not only require extensive medical treatment but also make it challenging to perform everyday tasks or return to work or school.
Emotional and Behavioral Changes
The brain controls personality and mood, so TBIs often lead to emotional turmoil. Survivors might suffer from mood swings, depression, anxiety, irritability, or even personality changes that strain personal relationships. It’s not uncommon for brain injury victims to feel frustration or anger as they struggle with abilities that used to come easily. Family members in Orange County frequently tell us that their loved one “is not the same person” after the injury – illustrating just how profound the impact can be on someone’s identity and interpersonal life. We approach these cases with deep compassion, ensuring that the emotional pain and loss of companionship or consortium are accounted for in your claim.
Need for Ongoing Care
Many moderate to severe brain injury victims will require ongoing care or supervision. This could mean months of outpatient cognitive rehabilitation therapy, in-home nursing care, or even relocation to a specialized care facility in Orange County. Life care planners (a type of expert we work closely with) can develop a detailed plan of the future medical treatments, therapy, assistive devices, and support services a brain-injured person will need for the rest of their life. This plan becomes powerful evidence in your case to justify a large award for future costs. Our firm has relationships with brain trauma specialists, neurologists, and rehabilitation experts who can provide authoritative testimony on the long-term consequences of your TBI and the necessary care going forward.
Impact on Families
We recognize that a brain injury doesn’t only affect the injured person – it profoundly impacts spouses, children, and parents as well. You may now be a caregiver for your loved one, juggling doctor appointments and therapy sessions, or coping with changes in family dynamics and financial stress due to lost income. California law allows close family members to recover certain damages in some cases (such as loss of consortium for spouses). Regardless, when we tell your story to an insurance adjuster or jury, we make sure they understand the full human impact of the injury on your entire family. This comprehensive view often leads to higher compensation, as decision-makers appreciate the true scope of harm caused by the negligent party.
In summary, the long-term impacts of a brain injury can be catastrophic. Our job as your attorneys is to paint a complete picture of those impacts – physical, cognitive, emotional, and financial – so that you are not left footing the bill for someone else’s careless mistake. We want to ensure you have the resources to access the best medical care, therapy, and support possible as you work toward recovery.
The Brain Injury Claim Process in California
Navigating a brain injury claim in Orange County can be complex. Insurance companies often fight these claims fiercely because the stakes (and potential payouts) are high. At Kubota & Craig, we guide you through every step of the legal process, handling the heavy lifting so you can focus on healing. Here’s an overview of what to expect in a typical brain injury claim or lawsuit:
Free Consultation & Case Evaluation
It starts with a simple phone call or visit. In a free consultation, our attorneys will listen to your story, ask questions about how the injury happened and the treatment you’ve received, and give an honest assessment of your legal options. We’ll explain your rights and what a brain injury claim in California entails – with no obligation and no upfront cost.
Investigation and Evidence Gathering
Once you hire our Orange County brain injury lawyers, we immediately launch a thorough investigation. This includes collecting medical records and accident reports, photographing injury evidence, and gathering any available surveillance footage or witness statements about the incident. Establishing causation is crucial in TBI cases – we need to clearly link the accident (whether it was a car crash, slip and fall, workplace injury, etc.) to your brain trauma. We collaborate with medical experts to prove that your symptoms and impairments are a direct result of the defendant’s negligence. This phase may also involve independent medical examinations or neuropsychological evaluations to document your cognitive deficits.
Notice and Insurance Claims
We will notify the at-fault party (and any relevant insurance companies) that you are pursuing a claim. Often, brain injury cases involve negotiating with an insurance adjuster for the person or entity responsible (e.g. an auto insurance company if it was a vehicle accident, or a property owner’s liability insurer for a fall). Our team handles all communication with the insurers. Important: Do not give a recorded statement to the insurance company or accept any settlement offer without consulting a lawyer. Insurance companies sometimes rush to offer a lowball settlement before the full extent of a TBI is known. We protect you from these tactics (more on insurance tactics below) by managing interactions and pushing for a fair resolution.
Calculating Damages & Sending a Demand
Using the evidence gathered and input from your doctors and experts, we will calculate your damages – including current bills, estimated future medical needs, lost income, and pain and suffering. This comprehensive damages analysis often results in a detailed demand letter sent to the insurance company. The demand outlines the facts of the case, why their insured is liable, the severity of your brain injury (with supporting medical documentation), and a dollar figure that would compensate you appropriately. In traumatic brain injury cases, demands can be quite substantial given the lifelong impact on the victim.
Settlement Negotiations
Insurance companies rarely pay the full demand amount immediately – there’s usually back-and-forth negotiation. We leverage our evidence and expertise to negotiate aggressively on your behalf. Our attorneys are seasoned negotiators who know the tricks insurers use to devalue claims. We won’t let them minimize your suffering. We’ll push for the maximum settlement possible that covers all your needs. Most cases settle out of court, often after extensive negotiations and possibly a mediation. You will be consulted at every stage, and you decide whether to accept an offer. We’ll provide guidance on whether a settlement is fair given your case facts.
Filing a Lawsuit (if needed)
If the insurance company refuses to offer a reasonable settlement, we will not hesitate to file a personal injury lawsuit in the appropriate California court (for Orange County cases, this is usually the Orange County Superior Court). Once in litigation, the case enters the discovery phase. Both sides exchange information and evidence. We may depose (interview under oath) the at-fault driver, property owner, or other witnesses, and vice versa – you may need to give a deposition as well, with our attorneys by your side. This is also when we formally involve expert witnesses. For a brain injury case, experts might include neurologists, neurosurgeons, neuropsychologists, life care planning specialists, and accident reconstructionists, among others. They will prepare reports and eventually testify about your injury’s cause and lifelong consequences.
Expert Testimony and Defense Strategies
Brain injury lawsuits often come down to battles of experts. The defense might hire their own doctors to claim your injury isn’t as severe as you say or was pre-existing. Don’t be discouraged. This is common, and we know how to counter these tactics with strong evidence and credible testimony. We will present compelling arguments, backed by science and medical expertise, to prove the true extent of your TBI. Your treating doctors and our independent experts will describe your diagnosis, treatment, prognosis, and need for future care in detail – painting a clear picture for the jury or insurance company of what you’ve been through.
Settlement or Trial
Even after a lawsuit is filed, many cases will settle before going to trial, sometimes even on the courthouse steps. We continue negotiating throughout the process. If a fair settlement is reached at any point, you may decide to accept it and conclude the case. However, if the defense remains stubborn or in denial about the claim’s value, we are fully prepared to take your case to trial. Yoshi Kubota and Cynthia Craig are award-winning trial attorneys with a track record of success in court. We will present your case to a jury, seeking a verdict that provides justice for you. In a courtroom, we are fearless advocates – showing the jury exactly how the defendant’s negligence altered the course of your life.
Resolution and Payout
If you settle or win at trial, we move to secure your compensation as quickly as possible. We handle all the paperwork to finalize the settlement or judgment. Our team will also negotiate any medical liens or insurance reimbursements that need to be paid from the settlement, to maximize the net amount you receive. Finally, we ensure you get your funds promptly so you can utilize them for your recovery and future needs. Remember: our fee is contingency-based – meaning we only get paid when you do. There are no upfront costs and if we don’t win compensation for you, you owe us nothing.
Throughout this entire process, our Orange County attorneys will be by your side. We keep you informed of every development, explain each step in plain language, and answer all your questions. We know how overwhelming legal proceedings can seem, especially while you’re dealing with a serious injury. Our mission is to make the process as smooth and stress-free as possible for you, while aggressively handling the legal battles on your behalf.
California Statute of Limitations: It’s important to note that in California, you generally have 2 years from the date of the injury to file a personal injury lawsuit (and in some situations even less time, such as claims against a government entity). This legal deadline is called the statute of limitations. If you miss it, you could be barred from recovering anything. Don’t delay seeking legal help – the sooner we can start working on your case, the better we can protect your rights and build strong evidence. Starting early also helps us track your medical progress and avoid any pitfalls the insurance company might try to create.
Dealing with Insurance Tactics and Defense Strategies
Brain injury claims often involve high stakes, which means insurance companies (and defense lawyers) pull out all the stops to reduce or deny your claim. It’s unfortunate, but even when liability is clear, an insurer’s priority is protecting their bottom line – not paying you what you truly deserve. Our Orange County brain injury lawyers are very familiar with these insurance tactics and know how to counter them at every turn. Here are some common strategies used by insurance adjusters and defendants, and how we combat them:
Downplaying the Injury
Insurance adjusters may argue that your TBI is “just a concussion” or a mild injury that should have healed quickly. They might point to normal MRI or CT scans to suggest you have no serious damage (since some TBIs, especially diffuse axonal injuries or concussions, won’t show up on standard imaging). Our approach: We present thorough medical evidence of your condition, including doctors’ reports that document cognitive impairment or post-concussion syndrome symptoms that aren’t visible on scans. We may use cutting-edge diagnostic evidence (like DTI scans or neuropsychological test results) and detailed testimony from your neurologist or neuropsychologist to prove the very real effects of your brain injury. We refuse to let them minimize your trauma.
Blaming a Pre-Existing Condition
Another tactic is to claim your symptoms are due to a pre-existing medical condition or prior injuries, rather than the accident in question. For instance, if you have any history of headaches or depression, the defense might try to attribute your current issues to those instead of the recent TBI. Our approach: Before the defense can twist the narrative, we gather records of your health before the accident to establish a baseline. If you were fully functional and symptom-free prior to the accident, that goes a long way. And if you did have any previous medical issues, we’ll have medical experts clarify how the new trauma either caused entirely new problems or exacerbated any existing ones. California law is actually on your side here – the “eggshell plaintiff” rule means a negligent defendant is responsible for your injuries even if you were more susceptible to injury due to a pre-condition. We will make sure any such legal principles are clearly presented to neutralize this blame-shifting tactic.
Disputing Causation
Insurance companies may concede you have symptoms, but argue they weren’t caused by the accident. For example, in a car accident brain injury claim, an insurer might allege that your cognitive issues are unrelated or that there was no direct head impact (perhaps you “just have whiplash, not a brain injury”). Our approach: Causation is a core element we must prove in every personal injury case. We use accident reconstruction experts to explain the forces involved in your incident and how they could indeed cause a brain injury (even without a direct blow to the head, severe whiplash can cause the brain to jostle and result in trauma). We also rely on treating physicians to draw the line from the event to your diagnosis. For instance, if you began experiencing concussion symptoms immediately after the accident, that temporal connection is strong proof. We compile all such evidence to firmly establish that but for the accident, you would not be suffering a brain injury.
Quick Lowball Settlement Offers
It’s not unusual for an insurance adjuster to call soon after an accident with a friendly voice and an offer to settle your claim quickly – often for an amount that sounds like a lot of money to someone not aware of their case’s true value. They do this hoping you’ll jump at the quick cash before realizing the long-term costs of your injury. Our approach: We always advise clients never to accept the first offer without legal counsel. Brain injuries especially can evolve over time; symptoms might worsen or new deficits become apparent weeks later. A fast settlement closes your case – you can’t go back for more if you underestimated your needs. Our lawyers will evaluate any offers and counter-offers based on the full picture of your damages. We will negotiate methodically to make sure any settlement accounts for future expenses and adequately compensates you for all losses. We’re not afraid to say “no” to a bad offer and prepare for trial if it means getting you a fair result.
Delaying and Denying
Some insurers drag out the process intentionally, knowing that injured victims might be in dire need of funds. They may delay responses, “lose” paperwork, or require excessive documentation, hoping you’ll become frustrated and settle for less or give up. Alternatively, they might outright deny liability (“our insured wasn’t at fault”) to see if you have the resolve to challenge them. Our approach: When Kubota & Craig is on your side, insurance companies know you mean business. We keep pressure on them and prevent unwarranted delays by staying on top of every deadline and piece of evidence. If an adjuster unjustly denies the claim, we will swiftly pivot to filing a lawsuit and use the power of the courts (through discovery and ultimately a trial) to force accountability. Our reputation as aggressive litigators often pushes defendants to deal fairly rather than face us in front of a jury.
Surveillance and Social Media Monitoring
In high-value cases, insurance companies sometimes hire private investigators to conduct surveillance or scour your social media, attempting to catch you doing activities that contradict your injury claims. For example, they may film you carrying groceries or smiling at a family gathering, then argue you seem “fine.” Our approach: We counsel our clients from day one on how to handle social media and daily activities while a claim is pending. Being injured doesn’t mean you can never have a moment of normalcy or happiness, but we caution you to be mindful of how certain activities might be misrepresented. Rest assured, a short video clip taken out of context won’t tell the full story – and we’ll be ready to put any such “evidence” into proper context (e.g., “That video shows our client carrying groceries one time – what you don’t see is that they paid for it later with a severe migraine and had to rest for hours. They were simply trying to live independently, not proof that they’re healed.”). We will not let insidious tactics derail your rightful claim.
In essence, insurance defense tactics in brain injury cases are all about casting doubt – doubt about the injury, doubt about the cause, doubt about your honesty. Our job is to eliminate that doubt with hard evidence, expert support, and effective advocacy. Kubota & Craig has extensive experience taking on big insurance companies and defense firms; we know their playbook and have a counter for each move. When we handle your case, the insurers will realize they cannot take advantage of you. We level the playing field and fight to ensure the truth of your suffering is heard and properly compensated.
Why Choose Kubota & Craig for Your Brain Injury Case?
Choosing the right attorney can be the difference between a successful outcome and a lost opportunity. At Kubota & Craig, we understand what’s at stake for you and your family after a traumatic brain injury. Our firm has built a reputation in Orange County and throughout Southern California for excellence in personal injury law – especially in complex, high-value cases like brain injuries. Here’s why clients trust our team to handle these life-changing cases:
Proven Experience with TBI Cases
Our attorneys have decades of combined experience in personal injury litigation, and we have successfully handled numerous cases involving traumatic brain injuries – from concussions to severe brain damage. We understand the unique medical and legal complexities of TBI cases. From knowing which experts to consult, to understanding how to communicate the impact of cognitive impairments to a jury, our experience gives you a significant advantage. We are proud of our track record of substantial settlements and verdicts on behalf of brain injury victims. When you work with Kubota & Craig, you have seasoned litigators on your side who won’t be intimidated by tough facts or powerful insurance companies.
Comprehensive, Compassionate Support
Suffering a brain injury is not only frightening for the victim but also for their loved ones. We believe in a client-centered approach that provides compassionate support from start to finish. You’re not just another case file to us – we truly care about your well-being. Our team will take the time to listen to your concerns, answer all your questions, and keep you informed about your case’s progress. We also help coordinate with medical providers and address practical needs whenever possible during your recovery. At Kubota & Craig, we treat clients like family, with care and respect, while aggressively pursuing justice on their behalf. Our past clients often note how our personal touch made a difficult time a little easier to bear.
Resources and Expert Network
Brain injury cases often rely on highly specialized expert testimony and demonstrative evidence. As a well-established Orange County personal injury firm, Kubota & Craig has a robust network of experts we can call upon. We work with top neurologists, neurosurgeons, neuropsychologists, and life care planners who are authorities in their field. These experts can provide compelling opinions on the cause of injury, the extent of neurological damage, and the projected costs of lifelong care. We also have relationships with accident reconstruction engineers, economists, and rehabilitation specialists. Additionally, our firm has the financial resources to advance the costs of litigation (for example, paying for expert reports, depositions, and trial exhibits up front), which many smaller firms or solo lawyers might struggle to cover in an expensive brain injury case. We invest in your case to build the strongest possible claim, and you pay nothing unless we win (all costs are covered by us in the meantime).
Local Orange County Expertise
Laws can vary by state, and local court procedures can differ by county. Our firm is based in Orange County and deeply familiar with California personal injury law and the local court system. We know the nuances of Orange County juries and what resonates with them. We understand the tactics of defense firms that operate in the area and have likely opposed them in prior cases. This local insight helps us craft legal strategies tailored to maximize success here at home. Whether your case ends up in Newport Beach, Santa Ana, or any Orange County courtroom, we’ll be prepared with knowledge of the venue and even familiarity with many judges’ preferences. In short, we combine big-firm skill with hometown advantage.
Aggressive Litigation & Negotiation Skills
Kubota & Craig is known for being aggressive and relentless when it comes to fighting for our clients’ rights. Insurance companies know that we won’t back down and that we’re willing to take a case all the way to trial if needed. This reputation often leads to better settlement offers sooner, because the other side would rather negotiate with us than face us in court. Our attorneys are skilled negotiators who approach settlement discussions with a detailed command of the facts and law – we don’t let adjusters gloss over anything. And if the case proceeds to litigation, our courtroom skills are top-notch. Yoshiaki Kubota and Cynthia Craig are both highly respected trial lawyers (recognized among Top 100 Trial Lawyers and other accolades), and our entire team contributes to meticulously preparing your case. We build a persuasive narrative supported by evidence that can withstand tough cross-examination. Bottom line: We fight for you with passion and precision, whether at the negotiating table or in front of a jury.
No Fee Unless We Win – 100% Contingency Representation
After a serious brain injury, the last thing you need is more financial strain. That’s why we handle brain injury cases on a contingency fee basis. You pay no upfront fees and no hourly rates. We only get paid if and when we recover compensation for you, either through a settlement or a trial verdict. If we don’t win, you owe us nothing for our services. This “no win, no fee” promise reflects our confidence in our ability to deliver results – and it ensures that your interests align with ours. We are motivated to get you the largest compensation possible because our payment is a percentage of the recovery. And you can pursue justice without worrying about the cost – essentially, everyone can afford the best legal representation with this model. We even advance all litigation expenses for investigations and experts, as mentioned. At the end of the case, our fees and any advanced costs are paid out of the winning, not out of your pocket upfront. With Kubota & Craig, you can have top-notch legal firepower on your side regardless of your financial situation.
When you choose Kubota & Craig, you are choosing a team that genuinely cares about your outcome and has the skills, experience, and resources to take on the most challenging brain injury cases. We take pride in standing up for injured individuals against big insurance companies and corporations. Our mission is simple: to obtain justice and full compensation for you, and to help lighten the burdens you face after a traumatic brain injury.
Contact Us Today for a Free Consultation
Time is critical after a brain injury. Evidence needs to be preserved, witnesses interviewed, and legal deadlines met. The sooner you get our Orange County brain injury attorneys involved, the sooner we can start fighting to secure your future. If you or a family member suffered a TBI due to someone’s negligence, don’t wait – reach out to Kubota & Craig today.
We offer a 100% free, no-obligation consultation to evaluate your case and discuss your options. We’ll give you honest, compassionate advice about the next steps. Should you decide to move forward with us, remember that you pay nothing upfront and absolutely no fees at all unless we win compensation for you. This means you can hire top-quality legal representation immediately, without adding any financial stress.
To get started, call our office at 949-218-5676 or fill out our quick contact form on this page. We are responsive and available – if you can’t come to us, we can arrange to visit you at home or in the hospital anywhere in Orange County. Let us handle the legal complexities while you focus on what’s most important: your health and your loved ones.
At Kubota & Craig, we have helped countless brain injury victims in Orange County reclaim their lives and obtain the financial security they need after an accident. Now, we’re ready to help you. Contact us today for your free consultation, and let’s start pursuing the justice and compensation you deserve.
FAQ: Frequently Asked Questions About Brain Injury Claims
What types of accidents can lead to a brain injury claim?
Traumatic brain injuries can result from many kinds of accidents. We commonly handle brain injury claims stemming from motor vehicle accidents (car crashes, motorcycle collisions, trucking accidents), falls (slip and falls or trip and falls, often hitting the head on a hard surface), sports injuries, workplace or construction accidents, and even assaults or physical violence. Any incident where someone’s negligence or wrongful act causes a significant impact or jolt to the head – or causes the head to whip back and forth – can lead to a TBI. Even if the skull was never penetrated or fractured, the brain can be injured by the force. If you’re unsure whether your situation qualifies, contact us – we’ll evaluate the facts and let you know if you have a valid brain injury claim.
How do I know if I have a concussion or a more serious brain injury?
It can be hard to tell on your own. Concussions (mild TBIs) might involve symptoms like headache, confusion, dizziness, nausea, or brief loss of consciousness, and they often won’t show up on a CT scan or MRI. Moderate to severe TBIs might include longer loss of consciousness (over 30 minutes), persistent or worsening headache, repeated vomiting, convulsions, significant confusion, memory loss, slurred speech, or even coma. The only way to know the severity is to get prompt medical attention. Doctors may use neurological exams and imaging scans to diagnose you. Regardless of perceived severity, if you hit your head or jostled your brain and have any symptoms, see a doctor right away – and keep an eye on symptoms in the days and weeks after. From a legal standpoint, even a “mild” TBI can be serious if symptoms persist and affect your life. Don’t let the word “mild” fool you; we have won substantial cases for clients with so-called mild concussions that resulted in long-term issues. Always prioritize your health: get checked out and follow up with specialists (like a neurologist) if recommended. In a claim, we will use your medical records and possibly expert evaluations (e.g., neuropsychological testing) to demonstrate the true extent of your brain injury, mild or severe.
What is my brain injury case worth?
The value of a brain injury case in Orange County depends on several factors, including the severity of your injury, the clarity of the other party’s fault, the amount of your medical bills, and the impact on your daily life and ability to work. Cases involving serious, life-altering TBIs often result in significant settlements or verdicts – sometimes hundreds of thousands or millions of dollars – because of the extensive medical care required and the profound pain and suffering endured. However, every case is unique. We will evaluate damages like medical expenses (past and future), lost wages and future earning potential, pain and suffering, and possibly punitive damages if egregious misconduct was involved. Also, the amount of available insurance coverage or defendant’s assets can influence the recovery. Our attorneys can give you a better idea of your case’s potential value after reviewing the specifics during a free consultation. Be wary of anyone who promises a certain dollar amount upfront – we believe in giving a well-reasoned estimate based on evidence. Rest assured, we will pursue maximum compensation for every element of damage you have suffered.
How long will it take to resolve my brain injury claim?
The timeline can vary widely. Some brain injury claims settle within a few months, especially if liability is clear and your medical condition stabilizes quickly. However, many TBI cases are complex and take longer – often a year or more – particularly if a lawsuit is filed. It can take time to reach maximum medical improvement (the point where doctors know your long-term prognosis and future care needs), and we usually don’t want to settle before then, to avoid underestimating your damages. Once in litigation, the discovery process, scheduling of expert evaluations, and even trial calendars can introduce delays. We know you likely need funds sooner than later, so our team works efficiently and pushes the case forward at every opportunity. Sometimes we can expedite a settlement if liability isn’t disputed and we can document damages quickly. In other cases, patience is necessary to ensure you are fully compensated. We will discuss expected timelines with you and provide updates. Know that while the legal process is ongoing, we are building the strongest case possible. And remember, our no fee unless you win policy means you won’t owe anything while the case is pending, no matter how long it takes.
Will my brain injury case go to trial?
Most personal injury cases, including brain injury claims, settle out of court. We will certainly explore settlement opportunities and attempt to reach a fair agreement through negotiation or mediation. Settling can be less stressful and faster than a trial. However, if the defense is not offering an acceptable amount, we are fully prepared to go to trial to fight for you. Our attorneys are talented trial litigators with a strong success record. The decision to go to trial is always made together with you – we’ll advise you on the pros and cons. Sometimes just filing a lawsuit and showing readiness for trial will motivate a better settlement offer. If your case does proceed to trial, we will handle everything: selecting a jury, presenting evidence, examining witnesses, and delivering powerful arguments on your behalf. While trials can be intimidating, keep in mind you’ll have an experienced team with you every step of the way. Whether through settlement or trial, our goal remains the same: get you the maximum compensation possible.
What does it cost to hire Kubota & Craig?
Hiring Kubota & Craig for your brain injury case costs you nothing upfront. We work on a contingency fee basis, meaning our fee is a percentage of the money we recover for you at the end of the case. If we are not successful in getting you compensation, you owe us $0 in fees. No win, no fee. This arrangement allows anyone, regardless of finances, to hire the best legal representation for a brain injury claim. We also advance all necessary case costs (for things like obtaining records, hiring experts, etc.), and those are reimbursed from the settlement or verdict – again, only if we win. Our initial consultation is free, so it won’t cost you anything to simply speak with us and learn your rights and options. We want you to be able to pursue justice without worry about affording an attorney. Our law firm carries the risk of the case so you don’t have to. Only when you get paid do we get paid. This contingency model also assures you that we’re confident in your case – we wouldn’t take it if we weren’t prepared to invest in it and fight hard for a successful outcome.
Have more questions? Contact us at 949-218-5676 and we’ll be happy to provide clear answers and guidance. We know a traumatic brain injury raises many concerns, and we’re here to address them with knowledge and compassion.