Injuries to the brain are often catastrophic physically and detrimental emotionally, but if the injury happened because of someone else or an entity the injured person may have a lawsuit seeking damages to pay for care.
A Stuart traumatic brain injury lawyer is well-versed in these cases and provides a free consultation to assess how strong the case with no obligation.
Dedicated injury attorneys provide a sense of financial security, too, by taking the case on a contingency basis. If the case is won, the lawyer’s fee is paid from a percentage of the monetary award. If the case fails, the attorney does not receive a fee.
Achieving damages for these injuries is done by filing civil personal injury lawsuits, which are determined by negligence. Legally, negligence means that a person or entity does not use the care toward others that a prudent person would use in similar circumstances.
Under Florida’s comparative negligence standard any person who bears some fault in causing an accident can only recover a portion of the damages assessed, so someone who is 20 percent at fault has damages that are reduced by 20 percent. The reasoning is that anyone who is at fault must have financial responsibility.
Proof of Negligence
Four elements comprise Florida’s negligence law and each of them must be proven to win the case and damages:
- Duty of care: Every reasonable person has a legal responsibility not to cause harm or property damage to someone else. Situations may arise in which a person does not have a duty of care toward another person
- Breach: Committing an act that violates duty of care, which also could include not taking an action
- Causation: The breach caused the brain injury
- Damages: The injured party had related financial losses
Possible Compensatory Damages
The person who suffered traumatic brain damage may sue for money to pay for related expenses and other harms. Damages include:
- Medical surgeries and hospitalization
- Therapeutic care, including necessary equipment
- Loss of income, both current losses, and money that would have been earned
- Pain and suffering
- Emotional distress
- Loss of consortium
- Property damage
- Punitive damages, if the negligent act was willful and wanton.
Making a Personal Injury Claim
The personal injury lawsuit must be filed within two years of the traumatic brain damage. If this statute of limitations is not met, the lawsuit cannot be filed.
Stuart traumatic brain injury lawyers begin the case by making an independent investigation of the accident scene to obtain proof that the defendant caused the accident. Added to that are testimonies taken under oath of all involved parties and witnesses to provide testimonial evidence.
To prove damages, the attorney, with the potential client’s permission, will gather all medical, therapeutic, and other expenses related to the accident and calculate what expenses will be over the long-term. The attorney will file the lawsuit with the court and notify the defendant.
As the case moves through the legal system, motions may arise concerning a variety of issues and they must be answered in a limited amount of time.
The attorney also will anticipate the defendant’s case and prepare to counter the defense’s view of the case. At trial, the lawyer may bring in traumatic brain injury experts to testify and explain technical information to the jury. The defense also may use an expert witness.
Because a majority of civil cases are settled without going to trial, your Stuart traumatic brain injury lawyer will negotiate a settlement that is satisfactory and fair to the victim.
Contact a Stuart Traumatic Brain Injury Attorney Today
If you or a loved one were involved in a car accident or other accident that resulted in a traumatic brain injury, do not hesitate to contact one of our Stuart traumatic brain injury lawyers who can begin reviewing your case, discussing all of your legal options with you, and decide on the best course forward.