Sustaining a traumatic brain injury is a terrifying experience. It can be difficult to deal with the pain and trauma of the accident that led to the injury, and the stress of that is compounded by the cost of seeking medical treatment and figuring out whether you will be able to work or not. This may seem like an overwhelming situation but an injury lawyer can help. If you or someone you love has been involved in an accident resulting in a traumatic brain injury, reach out to a skilled brain injury attorney from Kogan & DiSalvo. Our attorneys can help you through the process of filing a Boynton Beach traumatic brain injury claim.
Traumatic Brain Injury Defined
The Centers for Disease Control (CDC) defines traumatic brain injury (TBI) as a disruption in normal brain functions.
These injuries, inflicted by as little as a bump on the head, and as much as penetration into the brain, are a leading cause of disability and death, accounting for about 30 percent of all deaths caused by an injury, according to the CDC.
The effects of a TBI can occur for a few days or last for life. Neurological impairments that people may experience include:
- Difficulty thinking
- Memory loss
- Movement problems
- Vision loss
- Hearing impairment
- Personality changes
Determining Negligence When Filing a TBI Claim
To enter the legal system, a TBI must have been caused by the negligent actions of another person or a business entity.
Negligence is legally defined as not using the care that a reasonable person would use in a similar circumstance, or doing something that a reasonable person would not do.
Negligence is adjudicated by Florida’s modified comparative negligence law, which holds accountable all parties who have fault in causing an accident by reducing damage claims by the percent of fault each party has, so long as they are 50% or less at fault. If the plaintiff is 51% more at fault (as determined by a judge or jury), they are barred from recovery entirely.
Negligence has four legal elements to prove:
- Duty of care: Reasonable people have a legal obligation not to cause injury or property damage to someone else
- Breach of that duty: Someone acts or fails to act that results in violating a duty of care
- Causation in fact: The breach caused the accident
- Proximate cause: The expected outcome of an act taken did happen
- Damages: A financial loss did occur
A skilled Boynton Beach traumatic brain injury lawyer can examine the evidence of an individual’s case, and use that evidence to prove the defendant’s negligence.
Initial Meeting With a Brain Injury Attorney
During an initial consultation with a person who has sustained a traumatic brain injury, an attorney will determine all of the possible negligent parties and conditions responsible for causing the event that led to the traumatic brain injury, what evidence has yet to be collected, and how the lawyer can best support the injured person and their family so they can focus on recovery and minimize stress on the family while they file their Boynton Beach brain injury claim. Some insurance companies do avoid working with people who are dealing with the effects of brain trauma, but there are several life insurance companies that specialize in life insurance for traumatic brain injuries.
Potential Damages in a TBI Case
Those who sustained a TBI at the fault of another may claim these damages:
- Medical and therapeutic care and equipment
- Current and future lost income
- Pain and suffering
- Emotional distress
- Loss of consortium
- Property damage
In Florida, personal injury cases must be filed within two years of the event, or the date it was discovered. Missing the deadline nullifies the case.
The Role of a Traumatic Brain Injury Attorney
In representing someone, the attorney begins the discovery process to obtain the necessary evidence to prove the case. The attorney will depose all parties and witnesses, meaning the lawyer will question them under penalty of perjury to develop testimonial evidence. The lawyer also will investigate the accident to prove that the breach did occur and provide physical evidence. All medical records and other documents are collected and calculated to prove damages.
Many personal injury civil cases are settled outside of court between the injured person and the negligent party. In that situation, a Boynton Beach traumatic brain injury lawyer from Kogan & DiSalvo can assertively negotiate with the insurance carrier to reach a fair amount that is satisfactory to you, as the injured person.