Brain Injury Lawyers Serving Davie
Suffering an injury to the brain can have life-changing consequences. In some cases, it can lead to a wide range of physical and mental health problems that can last for years or even decades. Unfortunately, these kinds of injuries are often caused by the negligence or recklessness of another person. That's why knowing your legal rights is important if you've suffered a brain injury in Florida.
The most common cause of brain injury is a traumatic event such as a car accident, fall, assault, or sports injury. During such an event, your head can take a huge blow, which can cause structural damage inside your skull. It can also cause nerve damage and affect cognitive abilities and other bodily functions.
If someone else is responsible for causing this damaging incident – whether a negligent driver or property owner – they should be held accountable for their actions.
Filing a brain injury claim in Florida is one way to ensure that the at-fault party's insurance company covers any damages you suffer as a result of the accident. It's also important to remember that Florida law requires that you seek compensation for any physical pain, emotional distress, and financial losses incurred due to your brain injury. Filing a claim is the best way to protect yourself from further hardship and secure the justice you deserve.What Is a Brain Injury Claim?
You may be wondering what exactly a brain injury claim is. Brain injuries often result from head trauma, usually from a car accident, fall, assault, or sports-related collision. A brain injury claim is a lawsuit that seeks to recover financial damages for the losses associated with such an injury.
Generally speaking, these claims are brought against parties who had some responsibility for the injury (called negligence) or parties whose actions (or lack of action) put the injured person at risk.
To win a brain injury claim in Florida, you will have to prove that a defendant had some degree of fault and that this fault caused your injury. This means gathering evidence and presenting it in court to demonstrate that someone else was responsible for your condition.
Depending on the circumstances surrounding your case, you may be able to sue for medical bills related to your injuries, lost wages due to taking time off work while recovering, and pain and suffering damages.What to Do Immediately Following an Injury
If you or a loved one have suffered a brain injury due to someone else's negligence, taking the right steps is important to be fully compensated.
The state of Florida has specific laws in place that help protect those who have encountered a traumatic brain injury and can provide remuneration for medical costs and other damages related to the incident. But filing a claim can be tricky—here's what you need to do immediately following an injury:
- Seek medical attention right away. Brain injuries should not be taken lightly—make sure you're evaluated properly by a doctor so they can assess the extent of your injury.
- Report the incident. To pursue legal action, you'll need to ensure that law enforcement and medical personnel know the accident that caused your injury.
- Start gathering evidence. Get documentation from any possible witness, take photographs of any relevant physical property, and keep track of any medical records associated with your treatment.
- Contact a brain injury attorney in Florida as soon as possible for legal advice on how best to file a claim for damages. Doing so will ensure that you receive the most compensation for your injuries.
Filing a brain injury claim in Florida can be lengthy and complex. Here's an overview of the steps you'll need to take, from the initial phone call to filing your case in court.Initial Contact
The first step is to contact a lawyer experienced with brain injury law in Florida. They'll discuss your situation and review any available evidence, such as medical records or police reports, before deciding whether or not to take on your case. It's also important to make sure that the lawyer you choose is familiar with the laws and regulations in Florida, as different states have different rules for filing claims.Gathering Evidence
Once you've chosen a lawyer, they'll gather evidence to prove that someone else's negligence caused the brain injury. This can include collecting documents such as medical records and eyewitness statements or hiring experts to review the facts of the case.Negotiating a Settlement
Your lawyer will use this evidence to negotiate a settlement with the defendant's insurance provider. Depending on the case's complexity, this process can take weeks or even months. Your lawyer will do their best to fight for a fair outcome while also keeping an eye out for any potential legal loopholes that may work in your favor.Filing Suit
If negotiations fail and an agreement can't be reached between both parties, it may be time for your lawyer to file a suit in court. Once again, your attorney will use the evidence collected during the discovery phase to make their argument before a judge or jury. Depending on how complex your case is, this part of the process could take anywhere from months to years before you get an outcome you're happy with.What to Expect During the Discovery Process
Here's the skinny on the discovery process: it starts after you have gone through the initial filing process. During this stage, attorneys will attempt to uncover evidence and other pertinent information. That means both sides—the plaintiff and defendant—will have access to each other's paperwork.
This includes exchanging updates on your medical records, if applicable, information about your wage loss (if any), and any potential expert witnesses.The Plaintiff's Duty
As the plaintiff in a brain injury case, you will be responsible for gathering any evidence or documentation proving your claim. This might include testimony from an expert witness with experience in brain injury cases, a written statement from your doctor outlining the cost of treatment, and medical expenses associated with the injury.The Defendant's Duty
The defendant must also provide evidence to support their side of the story. On top of providing documents like medical evaluations and details about lost wages, they will likely present witnesses (such as experts) who can prove that no negligence took place on their part during the time leading up to your injury.
In the end, both parties will review all of their filings and have several meetings where they can hash out a settlement agreement. It's important to note that many cases settle before going to trial; however, if both parties cannot agree, your case could proceed to court.What is Florida's Statute of Limitations on Brain Injury Claims?
When filing a brain injury claim in Florida, timing is key. If you miss the deadline, your case will likely be dismissed. That's why it's important to know the statute of limitations for your state, so you don't miss out on getting the compensation you deserve for your brain injury.
In the state of Florida, the statute of limitations for personal injury claims—whether it is from a brain injury or something else—is four years from the date of the incident that caused the injury. That means you have four years to file your personal injury claim before it is considered invalid and unable to be pursued in court.
If that deadline passes and you haven't filed a claim, there may still be hope to pursue damages if:
- You were legally incompetent then and did not regain competency within four years.
- The defendant was hiding or misrepresenting facts to hide their liability.
- The discovery rule applies, and it can be proven that you did not and could not have known about your injury until after four years had passed.
It's incredibly important to take note of these exceptions, as they can be factors in determining whether or not you are eligible to file a personal injury claim. An experienced attorney experienced in brain injuries can help determine which of these may apply to your case.What Kind of Damages Can I Receive from Filing a Brain Injury Claim?
Now you might be wondering, what kind of damages can you possibly receive from filing a brain injury claim? Depending on the facts of your case, you could be compensated for the following:Medical Costs
This can include any expenses necessary to treat your brain injuries, such as ambulance costs, hospital stays, doctor visits, and rehabilitation programs. You may also be entitled to compensation for future medical costs.Lost Wages or Loss of Earning Capacity
If you missed out on wages due to missing work because of your injury, or if your earning capacity has been reduced because of the injury, then you may be able to recover lost wages or loss of earning capacity.Pain and Suffering
You may also be eligible to receive compensation for pain and suffering. This includes any physical pain suffered due to the injury as well as psychological issues such as anxiety, depression, and PTSD that the brain injury has caused.Punitive Damages
In some cases, a jury may also order punitive damages if they find that defendant was grossly negligent. These are awarded the intent of punishing the defendant and deterring them from engaging in similar behavior again in the future.How much compensation will I receive for a brain injury claim?
Understanding how much compensation you can expect for a brain injury claim can be confusing and overwhelming. Fortunately, in Florida, laws are set in place that help ensure brain injury victims and their families receive fair compensation.
Generally speaking, the amount of compensation an individual can receive for a brain injury depends on the severity of the injury. For instance, if the individual suffers from mild traumatic brain injury (TBI), they may be able to get some financial compensation for medical costs and lost wages.
On the other hand, if someone has suffered a more severe TBI, they may be eligible to receive significant amounts of damages, including both economic and non-economic awards.
It's important to note that every case is different, and there is no one-size-fits-all approach when filing for a brain injury claim in Florida. So if you or a loved one has been injured because of someone else's negligence, it's important to consult with experienced lawyers knowledgeable about current state laws for guidance on your potential case.Under What Circumstances Can My Case Be Dismissed
If you're planning on filing a brain injury claim in Florida, it's important to know that your case can be dismissed if certain circumstances arise. Here are a few common reasons why a court might dismiss your case:Missing documents
Whenever you file a claim, it's important to include all the necessary documents. This means all medical records, witness testimony, or expert witnesses who attest to your physical or mental state and all other relevant information pertaining to the case. If any of these documents are missing from your case, the court may deem the issue too difficult to prove and could potentially dismiss the case.Statute of Limitations
Another reason why courts might dismiss a brain injury claim is timing—there is what's called a "statute of limitations" for filing claims. Each state has different time frames for when personal injury cases should be filed, so it's important to check with your state and ensure you're filing within this limited time frame.
Finally, if there isn't enough evidence that shows clear negligence resulting in a brain injury, the court might decide it's best to dismiss the case. It's important to have as much evidence as possible when forming your argument— photographs, medical records, and even video footage can help demonstrate negligence on someone else's part so that you don't end up getting sidelined with an unnecessary court dismissal.Does Double Jeopardy Apply in Brain Injury Claims?
The concept of double jeopardy applies in civil suits and criminal cases, but what about brain injury claims? You might be wondering if multiple people can be legally responsible for an injury—for example, a motor vehicle accident that caused a brain injury.
When it comes to a personal injury case, double jeopardy is not applicable. This means that you can claim an injury from more than one party if they are both found to be negligent. Even if you've settled with one party, the other may still be liable as long as they were negligent in some way.
In addition, it's possible to claim damages even if the original cause of action was not negligence or intentional harm; this is called rescission. The legal system recognizes that even if there is no wrongful intent at hand, the person types of responsible parties may still need to be held accountable for their actions.
For example, if an individual acted carelessly and caused a brain injury due to negligence, there is still legal ground for that victim to pursue a claim against them. So when it comes to filing claims in Florida for brain injuries caused by negligence or an unintentional act—double jeopardy does not come into play.Hiring an Experienced Brain Injury Attorney in Florida
When filing a brain injury claim in Florida, you should always consider hiring an experienced brain injury attorney. A lawyer who knows the ins and outs of these kinds of claims can ensure you get the compensation you deserve.
Here are a few reasons why having an experienced lawyer on your side is important:
- Your lawyer will rely on their knowledge of Florida case law and statutes to ensure your claim is presented best.
- Your attorney will use their medical terminology and legal procedures knowledge to gather the evidence necessary to support your claim.
- Your lawyer can help you navigate the legal complexities that can arise when filing a brain injury claim in Florida, so you don't have to do it alone.
- An experienced lawyer can also provide professional advice about maximizing the value of your claim and ensuring that it is filed properly and on time.
Having an experienced brain injury attorney by your side throughout the process can provide you with peace of mind and give you access to better opportunities for fair and just compensation for your injuries.Contact Frankl Kominsky Injury Lawyers, Brain Injury Lawyers Serving Davie
It's important to reach out to experienced brain injury lawyers from Frankl Kominsky Injury Lawyers as soon as you can if you're considering filing a brain injury claim in Florida. The statute of limitations for filing a personal injury claim in this state is four years from the date of the injury, so it's in your best interest to contact our office as soon as possible.
Whether you're researching information online or considering hiring an attorney, speaking with an experienced brain injury lawyer at Frankl Kominsky Injury Lawyers can help clarify this often confusing legal field. We understand how overwhelming it can be to determine what decisions are best after sustaining a traumatic head injury — and we're here for you every step.
Contact us today at (561) 800-8000, and our team will be ready to answer all your questions and guide you through filing a brain injury claim in Florida.