Brain Injury Lawyers Serving Tamarac

If you or a loved one have been involved in an accident in Florida that resulted in a brain injury, filing a claim should be high on your list of priorities. Understanding your rights and what steps to take as you navigate the legal world of filing a claim in Florida can be overwhelming.

It's important to understand that the state of Florida has specific guidelines and timelines for filing a brain injury claim. Filing the claim can increase your chances of compensation for medical bills, rehabilitation costs, lost wages, pain and suffering, and more. Depending on the specifics of your case, other damages may also be included in the claim.

For example, certain losses—such as those due to an automobile or premises liability accident—may require additional evidence or documents when filing your claim. With an experienced legal team guiding you through the process, you'll be able to ensure all aspects are accounted for so you get the full compensation owed to you.

What Types of Compensation Are Available for A Brain Injury Claim?

In Florida, injured parties can make claims for economic and non-economic damages, which vary in scope but may include the following:

  • Medical bills: Covers past, present, and future medical costs from diagnosis to treatment of the injury
  • Pain and suffering: Compensation for physical discomfort and emotional distress due to the injury
  • Lost wages: Reimbursement for any income lost due to the injury or inability to work due to a disability
  • Loss of companionship: In some cases, family members may be eligible for financial compensation if they have lost a loved one's companionship or service as a result of a brain injury.

While compensation cannot undo the harm caused by a brain injury, it can help cover medical expenses, rehabilitation costs, and other losses that may result from the incident. An experienced attorney can help you understand your legal options and get the most out of your claim.

How Is the Compensation Amount Determined?

When filing a brain injury claim in Florida, one of the biggest questions might be how much you can get in compensation. A brain injury can have devastating physical and emotional effects, so it is important to understand how compensation is determined.

The amount of compensation awarded depends on several factors, including:

  • The severity of the injury
  • The current and future impact of the injury on the victim's life
  • Estimated medical expenses for treating the injury
  • Loss of wages caused by the injury

All these factors are considered to determine a fair settlement amount that reflects the unique circumstances of each case. Additionally, other factors such as pain and suffering may also be considered. A solid legal team experienced with cases like yours can help you accurately calculate your potential settlement award.

Can I Receive Compensation for Lost Earning Capacity Due to My Brain Injury?

The short answer is yes, you can receive compensation for lost earning capacity due to your brain injury. In Florida, the law allows for the recovery of damages for lost earning capacity because of a permanent impairment caused by a traumatic brain injury.

It's important to show that your disability makes you unable or partially unable to carry out your daily activities. While having a doctor's diagnosis is one way to prove this, other proof may include the following:

  • Employment records showing reduced hours or pay,
  • Expert testimony from coworkers and supervisors,
  • Witness testimonies from friends or family members about changes in behavior, and
  • Financial records showing drastic drops in income.

When making an economic claim for lost earning capacity due to traumatic brain injury, it's important to have an experienced personal injury attorney who understands the complexities of this type of claim and can fight for you to receive the maximum compensation possible. After all, no one deserves to suffer financially because of their brain injury.

Can I Receive Compensation for Future Medical Expenses Related to My Brain Injury?

Yes, you can receive compensation for future medical expenses related to your brain injury. But, to do this, you must prove the likelihood of future care. Medical records and expert witnesses are important evidence that must be presented in a Florida brain injury claim to ensure this is accomplished.

For instance, if you're recovering from a traumatic brain injury, experts may need to estimate the cost of long-term rehabilitation or medical support services or equipment you may need. Additionally, expert witnesses must provide insight into the following:

  • The likelihood of additional surgery
  • The anticipated frequency of clinical visits
  • The kind and quality of care needed
  • The length of recovery time
  • Future earning capacity and wages, if applicable.

In short, the legal process for filing a brain injury claim in Florida considers all future medical expenses related to the injury. This includes everything from rehabilitation treatment to neurological therapy and equipment such as wheelchairs or gait trainers.

How Long Does It Take to Receive Compensation for A Brain Injury Claim?

The time it takes to receive compensation for a brain injury claim in Florida can vary and depends on several factors. Typically, the length of time will depend on the severity of the individual's injuries, the complexity, and scope of the case, and how quickly the necessary paperwork and evidence are collected. In some instances, claimants may be able to move through the process more quickly if liability is clear-cut between both parties.

Generally speaking, it can take months to years for brain injury victims to receive compensation for a claim. It's important to note that insurance companies are often reluctant to pay out a sizeable sum without a thorough investigation which can add more time to your wait period.

As such, it is advised that you seek legal counsel from an experienced attorney when filing a brain injury claim in Florida. An experienced lawyer can help you navigate the legal world of Florida brain injury claims and provide valuable advice throughout each step of the process.

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

If you want to file a brain injury claim in Florida, you need to know about the statute of limitations. This is a time limit for filing your claim, and it can vary from state to state. In Florida, this limit is two years from the date of the accident for personal injury claims—meaning that if you've experienced an accident-related brain injury in Florida, you have two years to file your lawsuit.

That said, there are certain cases where the statute of limitations can be extended. So if you're not sure if your case falls into this category, it's best to contact an experienced attorney who understands the nuances of the law and can help you better understand your situation and whether or not an extension applies in your particular case.

Also, remember that under certain circumstances—such as if there's been a delay in diagnosing your brain injury—the clock on the two-year time limit might start ticking when the diagnosis is made instead of when the accident occurs. Again, this is another area where it's important to get clear legal advice since these technical details can make all the difference when filing a successful claim.

Can I Still Receive Compensation If I Am Partially at Fault for My Brain Injury?

Yes, you can still receive compensation for a brain injury even if you are partially at fault. This is due to the state of Florida's Comparative Negligence Law. Under this law, you can receive compensation as long as you are not more than 50 percent at fault for the accident in which you were injured. When determining fault for an accident, the court will consider all parties involved and how much each party's negligence played a role in causing the injury. It is important to note that all damages awarded will be reduced according to your degree of fault.

If you were 25% responsible for your brain injury, any damages awarded would be reduced by 25%. Likewise, if you were 40% responsible, your damages would be reduced by 40%, and so on. An experienced legal team can help you understand and navigate these complexities of Florida law and better protect your right to receive compensation for your brain injury.

Can I Receive Compensation If the Person Responsible for My Brain Injury Has No Insurance?

If the person who caused your brain injury has no liability insurance, you may still be able to receive compensation by pursuing a personal injury claim. Although it can be difficult to recover damages when the person responsible is uninsured, it's not impossible.

Here are some things you need to know:

Proving Negligence
To pursue a personal injury claim or a lawsuit, you'll need to prove that the defendant was negligent in their actions and that their negligence caused your injuries. You'll be eligible for compensation if both of these elements are met.

Showing Financial Responsibility
You'll have to show that the defendant has the financial resources to pay for the damages they caused. This can include looking at any assets they own, such as property or investments.

Locating Other Sources of Payment
Even if you cannot receive payment from the defendant directly, you may still be eligible for compensation if other financial sources are available such as a homeowners policy or an umbrella policy.

Working with an Experienced Attorney
Navigating the legal process after a brain injury can be complicated and challenging. That's why it's important to seek advice from an experienced attorney familiar with Florida brain injury laws who can help guide you through this process successfully.

Can I Settle My Brain Injury Claim Out of Court?

Under certain conditions, you may be able to settle your brain injury claim out of court. In most cases, out-of-court settlements are much faster and simpler than going through a lengthy legal battle in court. Settling out of court also eliminates the emotional stress that can sometimes be associated with a long trial process. However, it's important to remember that settling a brain injury claim out of court may not always be your best option. Here are some factors to consider when weighing your options:

Insurance Company Settlement Offers
The insurance company may offer you a settlement offer that you think is too low and insufficient to cover your medical bills and related expenses. If this happens, you should discuss your case with an experienced brain injury lawyer who can help you evaluate the offer and determine whether or not it's fair.

The Complexity of Your Case
The more complex your case is, the more likely it is that going to trial will be necessary. This is because complex cases often involve multiple parties who need to testify to establish fault or damages incurred due to the accident.

Your Ability To Prove Fault
If there's no clear evidence of fault or several parties could be held responsible for your injuries, then going to trial will likely be necessary so you can prove another party was at fault and liable for damages.

Ultimately, deciding whether or not to settle a brain injury claim out of court should be done individually and on the advice of an experienced lawyer who understands the laws in Florida regarding personal injuries such as brain injuries.

What Is a Structured Settlement for A Brain Injury Claim?

When it comes to filing for a brain injury claim in Florida, you need to familiarize yourself with the legal terms to know what to expect. One such term is "structured settlement", so let's break this down and look at what it is.

A structured settlement is an agreed-upon financial arrangement between the plaintiff (you) and the defendant—it's essentially a contract that outlines how and when payments are given out. Depending on the agreement, this can be done in one lump sum payment or spread out over a certain time. Structured settlements are typically used when there is a need for long-term compensation—such as in medical malpractice or traumatic brain injuries.

Structured settlements often offer more security than lump sum payments since they are paid out over time instead of all at once, which helps to protect plaintiffs from making unwise financial decisions all at once.

Additionally, this type of financial arrangement can help provide assurance that should your injury worsen over time. You will still receive compensation for your additional medical costs and other expenses related to the injury.

Can I Appeal the Decision in My Brain Injury Claim?

Yes, you can appeal the decision in your brain injury claim, but the time frame is relatively short. In Florida, you have thirty days from the day you receive the ruling from the court to submit an appeal.

This doesn't give you much time to decide, so it's best to ensure you've done your due diligence in preparing for your case. Hiring an attorney who has experience in brain injury claims is extremely important in understanding the legal complexities of filing for a claim and helping you navigate any appeals should it come to that. Here's what your legal team needs to know when filing an appeal:

  • You must provide evidence that shows why the initial decision was wrong
  • Identify any errors or violations by opposing counsel or witnesses
  • Have clear and concise arguments prepared
  • Gather any new evidence that may be relevant to the case
  • Ensure all appeals are filed on time and with complete information

All paperwork and facts must be presented as clearly as possible. An appeal may be necessary to ensure justice is served if an error occurs during court proceedings. An experienced attorney can help decide whether or not an appeal is necessary and provide guidance during this difficult process.

Will My Compensation Be Taxed?

You might wonder if you'll have to pay taxes on any compensation you receive from a Florida brain injury claim.

The short answer is that, first off, it depends on the type of compensation. If it's a settlement for damages, then no—it's not taxable. However, if you received punitive damages as part of the settlement, those are usually considered taxable income by the IRS.

On top of that, you may also owe taxes on certain types of benefits which are offered as part of your settlement; for instance, if there is medical coverage or rehabilitation costs included in your settlement, those benefits will be taxed on any amount exceeding what your actual medical expenses were. So it's important to consider these potential taxation issues with a tax advisor before signing any legal documents pertaining to your claim.

It's also important to get documentation from all parties involved—if you're claiming a deduction for something like medical expenses that were part of the settlement agreement, make sure you get an itemized statement from the payor confirming exactly what was covered and how much was spent so that you can show proof and avoid any potential issues down the line when filing your taxes.

Contact Frankl Kominsky Injury Lawyers - Brain Injury Lawyers Serving Tamarac

If you think you may have a claim for a Florida brain injury, don't go it alone — contact us for help. Frankl Kominsky Injury Lawyers -brain injury lawyers serving Tamarac are here to provide the legal support you need.

We understand the complexities of Florida brain injury cases and will work hard to understand your case and explore options to help you get the compensation you deserve. Our experienced attorneys will guide you through the legal process and ensure your rights are protected.

Our team at Frankl Kominsky Injury Lawyers will help ensure your best interests are represented during settlement negotiations or court proceedings, as necessary. You can be sure that our attorneys have the knowledge, resources, and experience to provide you with top-notch legal representation in a wide range of brain injury law areas.

Don't wait any longer—contact us today at (561) 800-8000 for a free consultation with one of our experienced Florida brain injury lawyers serving Tamarac. We are here for you every step of the way!

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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