Broward County Traumatic Brain Injury Lawyer
A traumatic brain injury (TBI) that is the result of another person’s negligence or a business is a life-changing event requiring legal action. A lawsuit can provide for what may be life-long care and the loss of income and other damages.
To begin the legal process, contact a Broward County traumatic brain injury lawyer for a no obligation consultation to determine if there is a viable case. An experienced injury lawyer is going to be a large benefit in someone’s case.
Legal Definition and Incidents
Florida law defines traumatic brain injury as a catastrophic injury and the Centers for Disease Control and Prevention (CDC) describes it as a disruption in normal brain functions. The injury can affect thinking, memory, vision, hearing, movement, personality, and cause depression.
The CDC reports that the most common incident causing TBI is falling, which totals 47% of all TBI injuries. The elderly and young children populations make up much of that percentage.
The second greatest cause of incidents, 15%, occur when someone gets hit by an object, such as a bullet, or hitting against an object. Automotive accidents comprise the third most common incidents at 14%. The balance includes sporting accidents.
Applicable Law in TBI Cases
Personal injury law encompasses traumatic brain injuries, and the legal foundation is negligence, which is failing to use appropriate care that a reasonable person would use in similar circumstances.
In Broward County traumatic brain injury law, the comparative negligence standard is used. This law holds financially responsible a person who bears any fault in causing injury or property damage. A person who is 10% at fault will have damages reduced by that percentage and can recover only 90% of damages.
Statute of Limitations
Traumatic brain injuries are adjudicated under Florida’s personal injury law, and those who are bringing the lawsuit have only four years from the date of the injury to do so under Florida’s statute of limitations.
Proving Negligence
Those who suffered a TBI may recover financial expenses related to the injury. These include medical and therapeutic care, loss of income, pain and suffering, emotional distress, and others may apply.
Negligence is comprised of five elements and the injured party must produce evidence to prove each element, otherwise, the case will be lost. The elements a Broward County traumatic brain injury attorney must prove are:
- Duty of care: A reasonable person has a legal obligation to act in a manner that does not cause injury or property damage to another person
- Breach: This is an act – or failing to act – that violates duty of care, such as running a stop sign
- Causation in fact: “But for” the breach, the injury would not have happened
- Proximate cause: A particular and foreseeable event did happen
- Damages: A financial loss occurred as a result
How a Broward County TBI Attorney Can Help
Broward County traumatic brain injury lawyers will conduct a thorough investigation to produce the evidence necessary to win the case and will regularly update the client on the progress.
Personal injury cases are often settled between the parties. As insurance companies pursue their own interests, the attorney will aggressively negotiate a settlement with the insurance carrier that is satisfactory to the client.