Brain Injury Lawyers Serving Delray

If you or a loved one have suffered a traumatic brain injury due to the negligence of another, you may be entitled to financial compensation. By pursuing brain injury claims in Delray, Florida, you can get justice for the pain and suffering inflicted upon your family.

Understanding the process for filing a brain injury claim in Delray, Florida, is essential. Depending on the severity of the injury and its effects on your quality of life, you may be eligible for compensation for medical costs, lost wages, pain and suffering, rehabilitation expenses, and more.

Brain injury claims can be complicated and time-consuming—and it's important to seek the advice of an experienced attorney before proceeding with any legal action. When selecting an attorney to represent you or a loved one in a brain injury claim in Delray, Florida, it's important to understand their qualifications, experience, and track record in similar cases. Doing so will ensure your case is handled with the utmost care and attention to detail.

Who Can File a Brain Injury Claim in Florida

If you or someone you know sustained a brain injury due to the negligence of another party, you might be eligible to file a claim in the state of Florida. But who's allowed to do this? In short, anyone who has personally suffered a brain injury or anyone with legal authority to act on behalf of someone with a brain injury.

This includes:

  • The person who suffered the injury.
  • A parent or legal guardian if the injured person is a minor.
  • An adult child or other relative if the injured person is in a coma or has an incapacitating condition.
  • A personal representative if the injured person is deceased.

Individual state laws will dictate the recoverable damages when filing a brain injury claim in Florida. It's important to remember that all claims must be filed within the statute of limitations, usually two years from when the incident occurred. Failure to do so can result in lost opportunities for compensation and restitution.

What Is the Statute of Limitations for Filing a Brain Injury Claim in Florida?

If you've suffered a brain injury in Florida, you may be wondering what your options are for pursuing a legal claim. It's important to understand the statute of limitations for filing a brain injury claim in the state, as this will determine how much time you have to pursue legal action.

In Florida, the statute of limitations, or deadline for filing a brain injury claim, is two years from the date of the injury. It's important to note that this applies to personal injury and wrongful death claims. However, if a minor is involved in the case, they may have up to seven years from the date of their eighteenth birthday to file a claim.

It's also important to remember that some exceptions may exist to these statutes of limitation. Finally, it's essential that you speak with an experienced attorney as soon as possible who can advise you on the specifics of filing a brain injury claim in Florida.

Steps to Take After Filing a Brain Injury Claim

Once you've filed a brain injury claim, there are a few important steps to take to ensure the best possible outcome.

Gather Evidence The most important thing is to gather as much evidence as possible. This could include medical records, receipts related to medical treatment or other expenses, witness statements, and any other documentation that you have related to the incident.

It's also important for you to document your own physical and emotional symptoms associated with the incident.

Have an Attorney Represent You
Another important step is hiring an attorney to represent you throughout the process. An experienced attorney will be able to advise on how best to navigate the legal system, fight for your rights, and ensure you get the compensation you deserve.

Know Your Rights
It's also important for you to understand your rights in a brain injury claim in Florida to ensure your rights are respected throughout the process. Ensure you understand what types of compensation are available and how they may apply to your specific case.

Taking these steps can help ensure that your claim is handled properly and efficiently— so make sure you keep them top of your mind if you decide to pursue a brain injury claim in Florida.

Gathering Necessary Evidence for a Brain Injury Claim

Gathering evidence is an important part of filing a brain injury claim. You will need to provide medical records, witness accounts, and other documentation to verify your injury and the damages you've suffered.

Medical Records
Medical records are the most important documents that you will need when filing a brain injury claim. Your medical records should include an official diagnosis of your condition, a detailed description of your injuries, treatment notes, doctor's opinions, and notes, as well as any lab results or imaging exams related to your condition.

Witness Accounts
If anyone witnessed your accident or incident that caused your brain injury, it can be helpful to have witness statements that describe what they saw. This testimony could be used as evidence in court to support your case.

Other Documentation
In addition to medical records and witness accounts, you may need other documentation related to your case. This could include photographs of the accident scene or damage caused by the accident (such as property damage), pay stubs or tax returns as economic proof of lost wages or income due to being unable to work due to the injuries, and any written documentation from experts in support of your case.

How Is the Value of a Brain Injury Case Determined?

Figuring out the value of a brain injury case might seem complicated, but there are some basic rules you should follow. First, you need to understand that the severity of the injury, as well as its effect on your life, will be taken into account when calculating damages.

Medical expenses
The first thing that will be considered is your medical expenses—you'll need to figure out how much you've spent on medical treatments, prescriptions, hospital bills, etc. This will include both current and anticipated future medical costs.

Lost wages
You can also claim damages for lost wages or loss of earning capacity; this includes any wages lost due to missing work while injured and any reduction in future earning potential due to the brain injury.

Pain and suffering
Finally, you can also claim damages for pain and suffering caused by the injury—including any physical pain or discomfort and emotional pain like depression or anxiety. You may also claim mental anguish if your condition leads to significant distress or disruption in your quality of life.

By considering all these factors when determining the value of a brain injury case in Florida, you can rest assured that your losses will be properly compensated.

Do I Need a Lawyer to File a Brain Injury Claim in Florida?

Whether or not you need a lawyer to file a brain injury claim in Florida depends on your situation. It's important to note that not all brain injury claims require the assistance of a lawyer, but having one can make navigating the process much easier.

A lawyer specializing in brain injury claims can provide guidance, answer any questions you may have, and ensure that you're getting the most out of your claim. They're also familiar with the complex medical and legal aspects of this type of claim, so they can provide important advice on presenting your case effectively.

Here are some of the benefits of working with a lawyer to file a brain injury claim in Florida:

  • They can help ensure that your case is filed correctly and promptly, significantly improving your chances of success.
  • They will review all relevant documents related to the accident, such as insurance forms, medical records, and police reports.
  • They will also work closely with experts and witnesses who can provide valuable testimony supporting your claim.
  • Finally, they can negotiate on your behalf with insurance companies and other parties involved to help achieve an equitable settlement.
How Much Does It Cost to Hire a Brain Injury Lawyer?

It's understandable to be concerned about how much hiring a lawyer to handle your Brain Injury claim in Florida will cost. The cost of hiring a Brain Injury lawyer in Florida varies depending on the type and complexity of your case.

Generally, attorneys may charge a flat fee for simpler cases or an hourly rate for more complex cases. In some cases, attorneys may offer a contingency fee arrangement. This means that instead of charging an upfront fee, the lawyer may take a portion of any compensation you receive for your Brain Injury claim as payment.

Contingency fees vary from lawyer to lawyer but can range from 25-40% of your total settlement award. If you are concerned about the cost of legal representation for your Brain Injury claim in Florida, always ask about costs and fees at your consultation with the attorney or firm.

Depending on the firm's policies, they may offer flexible payment options or pro bono services if you cannot afford legal counsel. Understanding all aspects of legal costs before signing with any attorney or law firm is important to ensure you make an informed decision.

What If I Can't Afford a Lawyer?

Many people worry that they won't be able to afford a lawyer when making a brain injury claim in Florida, but there are options available. Not everyone will qualify, but you might be eligible for free legal assistance from the Florida Bar Association if:

  • You have limited financial means;
  • There is a significant legal issue or social injustice involved in your case; and
  • Your case has the potential to influence public policy or involve public interest.

In addition, you may even be eligible for assistance from non-profit organizations or pro bono attorneys that assist those with brain injury claims who cannot afford a lawyer. Before filing a claim, assessing your financial situation and determining what kind of legal help is available to you at no cost is important.

Can I File a Brain Injury Claim If I Was Partially at Fault for The Accident?

Yes, you can still file a brain injury claim even if you were partially at fault for the accident. In Florida, the comparative negligence rule allows plaintiffs to recover compensation even if they are found to be partially responsible. Under this rule, the court will reduce the amount of compensation awarded based on the plaintiff's percentage of fault.

For example, if a plaintiff is found to be 30% responsible for the accident that caused their brain injury, any recovery amount will be reduced by 30%. It is important to note that this rule only applies when you are under 50% at fault; if you are over 50% responsible for causing your brain injury, you cannot pursue a valid claim and seek damages from another party.

What Should I Do If an Insurance Company Offers Me A Settlement for My Brain Injury Claim?

The first step is understanding your legal rights when getting the best outcome for your brain injury claim. As such, if an insurance company offers you a settlement for your brain injury claim, it's important to know what to do.

First, you should ensure you understand the terms and conditions of the settlement offer. Take time to read through and understand what is being offered and what is expected of you. You should also ensure that the offered settlement covers all your damages and losses related to the brain injury.

Before signing anything, consult a legal professional with experience handling claims related to brain injuries in Florida. They can review the offer on your behalf and determine whether or not it's fair and in accordance with Florida's personal injury laws. This way, you can be sure that you are making an informed decision about accepting or rejecting any settlement offer.

Can I File a Brain Injury Claim on Behalf of a Loved One Who Is Incapacitated?

If your loved one has suffered a brain injury and cannot represent themselves in a claim, the law allows you to file a brain injury claim on their behalf. According to Florida laws, you can become a "guardian ad litem" by filing with the court and being appointed through the court process. By becoming guardian ad litem, you will be legally authorized to make decisions—including filing and settling a brain injury claim—on behalf of your loved one.

You should know that this process necessitates an application fee, regular filing with the court, and periodic financial reports. Generally speaking, it can take up to three months for someone to be approved for guardianship ad litem status in Florida.

Be sure to contact an experienced attorney immediately so they can begin working on your case and help you understand the details of the guardianship process in more detail.

Will I Have to Go to Court for My Brain Injury Claim?

You may be wondering if you'll have to make a trip to court for your brain injury claim in Florida. The answer is: it depends. Many claims are resolved through negotiations outside the courtroom between your lawyer, the insurance adjuster, and maybe even you.

This is called an informal settlement process, often saving time and money for all sides involved. However, if a deal can't be reached, you may have to proceed with a formal settlement process or trial before a judge. If that's the case, having a good lawyer by your side is essential, as they will take care of all the paperwork for you and fight for the best possible outcome for your case.

Remember: no two cases are alike, so it's best to consult with a knowledgeable attorney who knows exactly what needs to be done to get you the compensation you deserve.

Contact Frankl Kominsky Brain Injury Lawyers Serving Delray

If you or a loved one has suffered a brain injury, you need to know that help is available. That's where Frankl Kominsky comes in. Our experienced brain injury lawyers serve Delray and the surrounding areas and can provide you with the legal representation you need to get compensation and justice.

We understand how difficult it can be after sustaining a brain injury, and our lawyers are here to make filing a claim as easy as possible. It's important to seek legal help after suffering a brain injury, as it can help ensure that you get fair compensation for medical expenses, lost wages, disability benefits, and more. Our lawyers have years of experience handling these types of claims and will fight for your rights every step of the way. Plus, we offer free consultations, so you can ask us any questions or concerns you may have without any obligations.

At Frankl Kominsky, we put our client's needs first—we strive to ensure that each person we represent gets fair compensation for their case. So don't wait—if you or someone in your family has suffered a brain injury due to someone else's negligence or carelessness, call us at (561) 800-8000 today and get the justice you deserve!

Client Reviews
I have had experience in the past using other attorneys and law firms however the attorneys and staff at Frankl Kominsky are by far the best experience I have ever had. Thank you for everything this law firm has done. I recommend this law firm to everyone. By Bruce
This was an amazing injury law firm. Steven and his staff was available when I needed him and were always following up with me. I felt very fortunate that I found them. It is true that this law firm will never settle for less! I fully recommend this law firm to anyone that needs a hardworking and results oriented law firm. By Consuelo
Mr. Frankl came very highly recommended by two separate peers. I had a handful of lawyers to choose from and I chose him. He moved quick, no nonsense, and very effective. Before I knew it everything was handled and I had a serious burden lifted. If I ever have a problem again, I am going straight to him. It is that simple. By Kelly
I called Mr. Frankl and his firm about a motorcycle accident case and he helped me through the entire process. Mr. Frankl made me feel like my situation mattered to him and didn't treatment me like just another file in a file cabinet. He is smart, energetic and a true fighter. I am glad to call him my lawyer and I highly recommend Frankl Kominsky for your personal injury case. By A Personal Injury Client
Mr. Frankl was such an asset to have on my team while I picked up the pieces following an accident. Right from the beginning he assisted handling the insurance companies, rental car companies, auto body shops, police reports, it was incredible. His guidance allowed me to focus on the most important thing and that was my medical condition & recovery. Should you find yourself in this unfortunate situation do yourself a favor & trust this man & his expertise. By Damon