Brain Injury Lawyers Serving Daytona Beach
If you have recently been involved in an accident and have suffered some form of brain injury, you may be wondering who should be held responsible and whether or not a brain injury claim is the best option for you. Before filing a brain injury claim in Daytona Beach, Florida, it's important to understand the nature of such claims and the potential advantages of filing one.
In Florida, it is important to note that filing a brain injury claim may result in compensation for any medical or psychological expenses incurred as a result of the accident. You may also receive reimbursement for lost wages or even emotional distress. Additionally, filing a brain injury claim in Daytona Beach, Florida, can help hold any responsible parties accountable for their actions and may prevent similar acts from occurring.
It is imperative that you understand all aspects of filing a Florida brain injury claim so that you can make an informed decision about whether or not this option is right for you. With the help of an experienced lawyer, you can ensure that your rights are protected, and your case is handled professionally.What are The Most Common Types of Brain Injuries
Brain injuries are divided into Traumatic Brain Injuries (TBI) and Acquired Brain Injuries (ABI). A violent blow or jolt causes head TBIs, disrupting normal brain function. Common types of TBIs include concussions, contusions, and hemorrhages.
ABIs, on the other hand, don't involve trauma to the head. Diseases, strokes, tumors, or prolonged lack of oxygen to the brain cause these. The effects of ABIs can be physical, psychological, or both. Examples of ABI-related symptoms include memory loss, impaired motor skills, problems with balance and coordination, mood swings, and behavioral changes.
It's important to understand which type of injury you have suffered to properly diagnose your condition and ensure you receive proper care and compensation. If you suspect you may have a brain injury after an accident in Florida, it is important to seek medical attention immediately.What Types of Claims Can I File After a Brain Injury?
You should be aware that if you have suffered a severe brain injury and want to pursue a legal claim, you can file various claims in Florida. Let's take a look at some of the most common types:
Personal Injury Claims
Personal injury claims are based on negligence and are typically used when seeking compensatory damages for medical expenses and lost wages resulting from the brain injury. To have a successful personal injury claim, you must prove that negligence led to your brain injury and how much monetary compensation you deserve.
Wrongful Death Claims
In the event of death due to a severe brain injury caused by another's negligence, you are entitled to file a wrongful death claim. This type of claim compensates for economic and non-economic losses suffered by the deceased's family or dependents.
Product Liability Claims
If your brain injury was caused by a defective product or lack of instruction or warning on product usability, you may be able to pursue a product liability claim. This type of product liability lawsuit holds manufacturers legally responsible for any harm their products may cause consumers.
Filing a brain injury claim in Florida can be an overwhelming process. It's important to understand what to expect from the claims process, so you know what steps you need to take and how to prepare yourself.
First, it's important to know the timeline for filing a claim. Most Florida brain injury claims must be filed within two years of the injury or accident that caused the injury. If you wait too long and don't file your claim within the two-year period, you may not be able to receive compensation for your injuries and losses.
The claims process typically involves:
- Gathering and preparing evidence/documentation such as medical records, police reports, photographs, witness statements, etc.
- Submitting all required paperwork to the other party's insurance company or personal injury attorney.
- Negotiating a settlement offer with the other party's insurance company or attorney
- Receiving rejection of the settlement offer (if applicable).
- Discussing legal options with your personal injury attorney (if applicable).
- Receiving final settlement offer (if applicable).
- Accepting or rejecting settlement offer (if applicable).
- Going to trial (if necessary).
You should also remember that while filing a brain injury claim in Florida is complex, it is not impossible — so don't feel discouraged if it seems daunting at first! With the help of an experienced personal injury attorney, you can receive compensation for your injuries and losses due to a Florida brain injury accident or incident.What is the Burden of Proof in a Brain Injury Case?
If you've decided to file a brain injury claim, it's important to understand the burden of proof. In short, this means that you must show or prove that the defendant is at fault for your injury. In Florida, this is done by showing that the defendant was negligent in some way—for example, they may have failed to take reasonable care, which resulted in an accident.
To prove negligence in a personal injury case in Florida, you need to show that:
- The defendant owed you a duty of care;
- They breached this duty of care;
- This breach caused your injuries; and
- Your injuries resulted in damages.
In addition, comparative negligence may come into play in some cases. If it was partly your fault for the accident leading to your injury, the defendant can argue that their responsibility for your damages should be reduced proportionately. It's best to speak with an experienced attorney about this—they will be able to review the facts and determine if comparative fault applies to your case.Is There a Legal Time Frame for Filing a Claim?
You might be wondering if there's a legal time frame for filing a brain injury claim in Florida. The answer is YES; there is a time limit. In Florida, the statute of limitations for filing a brain injury claim is two years from the date of injury. This means that you have two years to file your claim, or you won't be able to receive the compensation you deserve.
It's important to note that this two-year period generally starts counting down right after the date of the injury, not when you realize the impact of the injury. That's why it's important to seek medical treatment immediately and contact an experienced attorney as soon as possible—the sooner you do, the more likely your case will be successful.
If your loved one or someone else you know suffered a brain injury due to someone else's negligence, don't wait any longer—contact an experienced attorney today to get advice about filing a claim and determine if any legal options are available.What are the Amounts of Compensation Awarded?
If you're filing a Florida brain injury claim, you may wonder what compensation amounts are commonly awarded in such cases. Well, the amount awarded varies based on individual circumstances and the severity of the injury.
Generally speaking, these are the types of damages that can be claimed in a brain injury case:
- Medical expenses—for past, present, and future medical treatment costs caused by the injury
- Lost wages—for wages lost due to your injury.
- Pain and suffering—for physical pain and emotional distress due to the accident.
- Loss of consortium—for reduced quality of life experienced due to a partner's injury.
- Punitive damages—to punish a defendant who was grossly negligent or intentional in causing an injury.
- Wrongful death—for sudden death caused by another party's careless actions.
This type of award can be quite large, depending on individual circumstances. It's important to note that these awards can be subject to tax; if you receive compensation, it is best to consult with an experienced lawyer to discuss your rights before taking any action.What is the Role of Insurance Companies in Injury Claims?
When you file a brain injury claim in Florida, there's no getting around insurance companies. It might seem like a daunting task to negotiate with an insurer when you're dealing with something so personal as a brain injury, but it is possible to receive fair compensation for your medical bills and lost wages.
Here's the role insurance companies generally play when you file a brain injury claim:
Investigation – Your insurance company will look into the circumstances of your accident and the amount of coverage you are eligible for.
- Negotiation – The insurer will assess the facts of your case and negotiate a settlement with you, considering the costs associated with your medical treatment and other losses due to your injuries.
- Litigation – If necessary, the insurer may take your case to court to reach a settlement or verdict. This process can be long and complex, so it is important that you speak to an experienced Florida attorney before engaging in any legal action related to your brain injury.
No matter what the outcome of negotiations with an insurer may be, it is important that you have legal representation on your side during this process. An attorney can help protect your rights and ensure that any settlements reached will provide adequate compensation for your injury-related losses.Pre-Existing Condition Exceptions to Consider
Before filing your claim for a Florida brain injury, you might want to consider any pre-existing condition exceptions. It's important to be mindful that if there's a pre-existing condition, proving causation of the injury can become more complex.
Here are a few instances when pre-existing condition exceptions may come into play:
- When the incident you're claiming was directly caused by a pre-existing medical issue.
- When you sustained additional injury or detriment due to the incident, it was related to an existing, underlying medical condition.
- When your damages were impacted because of a prior brain injury.
It's important to note that even if part of the claim is determined to be caused by pre-existing conditions, the court will still likely recognize that the new incident is responsible for some portion of the damage and injury sustained. Ultimately, this means compensation is still applicable, and you should pursue your legal rights accordingly.Possible Damage Caps in Florida Injury Claims
The last thing you should know before filing a Florida brain injury claim is that there are limits to the amount of compensation you may receive. These are called damage caps and can vary depending on the state.
In Florida, there are several types of damage caps, including those for medical malpractice, general negligence, and workers' compensation claims.
Medical Malpractice Claims
The cap for medical malpractice claims in Florida is $500,000, but it can increase to $1 million due to certain types of medical expenses related to the injury.
General Negligence Claims
For non-medical negligence claims in Florida, like car accidents or premises liability injuries, the punitive damages cap is $500,000 or three times the amount of compensatory damages.
Workers' Compensation Claims
There are no damage caps for workers' compensation claims in Florida; these cases rely on the legal precedent set by prior court rulings and rulings from the Workers' Compensation Appeals Board when determining damages.
It's important to remember these caps when filing a brain injury claim in Florida—you should consult with an experienced attorney who can advise you on how much you may receive in compensation for your claim.How Much Will It Cost Me to Start a Claim?
After dealing with the physical and emotional toll of your injury, it's natural to be concerned about the financial impact of filing a claim.
The good news is that your attorney's fees are usually taken out of any settlement or award if you win your case. Lawyers typically charge on a contingency basis, meaning they don't get paid until you do. That being said, there are other costs associated with filing a brain injury claim in Florida, such as:
- Cost of obtaining medical records and reports.
- Cost of obtaining an independent medical exam.
- Cost of hiring expert witnesses (if applicable).
- Court filing fees.
Discuss all possible costs with your attorney before moving forward with your claim. They will be able to provide you with accurate estimates so that you know what to expect.Alternative Dispute Resolution Options
Another thing you should know before filing a brain injury claim in Florida is that alternative dispute resolution (ADR) options are available to you. This can help reduce costs, time, and hassle associated with going to court and allows the parties to work out their differences without the need for a formal decision by a judge or jury.
ADR options include:
- Negotiation is when each party tries to reach an agreement on their own terms. Both parties can talk one-on-one or with the help of an attorney or mediator.
- Mediation – In this process, a neutral third-party mediator helps both parties reach an acceptable agreement by providing guidance, expertise, and suggestions for how both sides can resolve their issues.
- Arbitration – This method is often used to settle disputes when negotiations have not been successful. An arbitrator is appointed to hear both sides of the case and make a binding decision as to how it should be resolved.
No matter which ADR option you choose, it's important that you understand all the details of your case before making any decisions about how it should be resolved. It's also important to remember that if you choose an ADR option instead of going through the court system, you might not be able to recover all the damages that might have been available through litigation.Hire Frankl Kominsky Brain Injury Lawyers Serving Daytona Beach
If you or a loved one has suffered a brain injury in Florida, you should immediately contact Frankl Kominsky's brain injury lawyers serving Daytona Beach. Our experienced and knowledgeable attorneys understand the complexities of filing a brain injury claim in Florida and will provide the help needed to ensure a successful outcome.
We understand this is an extremely difficult time for you and your family, so don't go through it alone. Let us help you get the compensation you deserve.
Our lawyers serving Daytona Beach are dedicated to providing exceptional legal representation with compassion and individualized attention. We look out for your best interests, so it is important to know that by hiring Frankl Kominsky, you are getting experienced legal representation. We have decades of experience handling brain injury claims in Florida, giving us an understanding of the complexities of state laws surrounding such cases.
We also believe everyone should have access to necessary legal services regardless of their budget, which is why we offer free initial consultations and contingency fee agreements – meaning there are no attorney fees unless we win your case.
At Frankl Kominsky, our attorneys are passionate about representing victims who have been injured in accidents and will fight diligently for your rights and justice. Contact us today at (561) 800-8000 for a free consultation with one of our trusted brain injury lawyers serving Daytona Beach—we are here for you.