Brain Injury Lawyers Serving Weston

If you or a loved one has suffered from any brain injury, whether due to an accident, medical malpractice, or any other event, then you should know about the laws and regulations in Florida for brain injury claims.

Brain injuries can be devastating and costly both emotionally and financially, so it is important to understand your options when it comes to making a claim. In Weston, Florida, specific rules and procedures must be followed to pursue a successful brain injury claim. First, the injured party must gather as much evidence as possible to prove the injury was caused by another person's negligence or wrongful act.

This includes details such as medical records and reports, police reports, pictures of the scene of the accident or event, witness statements, and more. All of this will help build a strong case for recovering damages related to brain injury.

In addition, Florida law requires that all claims related to brain injuries be filed within two years from the date of the incident causing said injury. So, it is important to gather evidence quickly and file your claim in a timely manner.

Lastly, if you are filing a brain injury claim in Weston, you will need an experienced attorney who understands the complexities of such legal matters, so make sure to do your research and find an attorney who is prepared to fight for your best interests.

What Is the Difference Between Mild, Moderate, And Severe Brain Injuries?

When you've suffered a brain injury, it's important to know the difference between mild, moderate, and severe injuries to understand your diagnosis and pursue the right course of action.

Mild brain injuries are often known as "concussions"—caused by a jolt or blow to the head that disrupts normal brain function. Symptoms include confusion, headaches, dizziness, nausea, and memory or concentration problems.

Moderate brain injuries usually involve a more violent impact and can cause unconsciousness that lasts from a few minutes to several hours. Symptoms can be similar to those of mild injuries but more severe.

Severe brain injuries are associated with permanent physical, mental, and/or cognitive disability or change in consciousness for an extended period (potentially even full coma). Symptoms can range from physical disabilities such as limited mobility or paralysis and behavioral changes such as irritability or depression.

The severity of your injury will determine the kind of legal claim you should pursue—so identifying the correct classification is key when filing a brain injury claim in Florida.

What Causes Brain Injuries?

Brain injuries, or traumatic brain injuries, can be caused by several things, from medical conditions and diseases to physical trauma. Common causes include falls, car accidents, sports-related trauma, domestic violence, gunshot wounds, and physical abuse.

The Centers for Disease Control and Prevention (CDC) estimates that about 2.87 million emergency department visits in the United States each year involve traumatic brain injuries—and that doesn't even include those cases that go unreported.

The effects of a brain injury may vary depending on the severity with which it is suffered. Symptoms can range from difficulty thinking to personality changes to vision problems. It is important to understand what caused your particular brain injury to build a successful claim and get the care you need.

Overview of Brain Injury Claims in Florida

If you or someone you love suffered a brain injury in Florida, you may be considering filing a brain injury claim against the responsible party. This guide will help you understand the process from start to finish.

Step 1: Gather Evidence
The first step in making a brain injury claim is gathering the necessary evidence. This includes medical records of the treatment and diagnosis of the injury, eyewitness accounts, and any other proof that another party's negligence caused the injury.

Step 2: File A Claim Against the At-Fault Party
Once you have gathered your evidence, the next step is to file a claim against the at-fault party and their insurance company. Doing so will allow you to seek compensation for medical expenses, lost wages, pain and suffering, and other damages related to your injury.

Step 3: Negotiate A Settlement with The Insurance Company
When dealing with an insurance company, it's important to gather all of your evidence and craft a strong argument for why you should receive compensation for your injuries. You may need assistance from an experienced attorney who can negotiate on your behalf to get you the best possible outcome.

What to Include in a Brain Injury Claim

Whether you're filing a brain injury claim in Florida or any other state, there are certain documents and information that you'll need to include. Before starting your claim, make sure you have the following:

Proof of Injury
At the heart of your claim is the proof that an injury has occurred. This can include documents such as medical bills, doctor's reports, and even testimonies from family and friends. You'll need to provide evidence that signifies the severity of the brain injury, mentioning any impairments or cognitive damage.

Insurance Details
A thorough insurance report should be included with your claim. This should cover you and any at-fault third parties or institutions, if applicable. It's important to double-check that all details are accurate and up-to-date before submitting it with your claim.

Schedules & Reports
It's also important to provide detailed records of days missed from work due to the injury and corresponding financial reports. This could be in the form of payroll sheets or tax forms, for example, so make sure to account for any damages incurred due to the injury in relation to your career path and life before filing a brain injury claim.

Options for Financing a Brain Injury Claim

Brain injury claims can be complex and expensive. Depending on the severity of the injury, you may need to seek medical care and specialized treatments—all of which can add up quickly. That's why it's important to understand your options for financing a brain injury claim in Florida.

Lawsuit Funding
Lawsuit funding is a type of financial assistance available to plaintiffs filing brain injury claims in Florida. This type of funding is provided by third-party companies specializing in providing loans to plaintiffs waiting for settlements or jury verdicts. The loan could cover medical bills and other expenses related to the lawsuit, allowing you to focus on getting better without worrying about money.

Structured Settlements
In some cases, a structured settlement may be preferable over an outright lawsuit settlement. A structured settlement allows you to receive payments over an agreed-upon period rather than all at once, allowing you to pay outstanding bills while still giving you access to funds when needed.

This type of settlement is available in Florida law, but it's important to note that it can be complex depending on the circumstances and should only be entered into with a full understanding of the terms and conditions associated with it.

Other Options
Other options for financing your brain injury claim include working with a professional lawyer who understands how these claims work and can help you get the best possible outcome in your case; seeking advice from non-profit organizations like Brain Injury Alliance of Florida.

Looking into Medicaid or other government assistance programs; or asking family members or friends for help if necessary. Ultimately, finding the right financing option will depend on your case and situation, so make sure you talk through your options with

Potential Compensation for a Brain Injury Claim

When filing a brain injury claim in Florida, you may be entitled to different types of compensation. It's important to understand the potential compensation that you may be entitled to. This can give you an idea of what to expect and help you plan accordingly.

Economic Damages
The most immediate losses in a brain injury claim are monetary damages such as medical bills, lost wages, and property damage. These types of damages are referred to as economic damages and are intended to put the injured person back in their pre-injury state as much as reasonably possible.

Non-Economic Damages
Non-economic damages can include pain and suffering, emotional distress, loss of consortium or companionship, and other non-tangible losses due to brain injury. While these types of damages cannot fully compensate for a traumatic brain injury, they can bring additional relief for losses not covered by economic damages.

Punitive Damages
These damages are awarded when the defendant's behavior is particularly negligent. These awards are meant to punish the defendant for their behavior and also send a message that similar behavior will not be tolerated in the future. Punitive damages in Florida cannot exceed three times the amount of compensatory damages awarded or $500,000 (whichever is greater).

It is important to keep track of your losses from a brain injury claim to ensure that all avenues for compensation have been explored and you have received full compensation for your losses.

How Long Does a Brain Injury Claim Take to Resolve?

If you're wondering how long it might take to settle a brain injury claim, it largely depends on the extent of the injury and the issues involved. Many claims can be resolved in a few months, but the process can take anywhere from 6 months to years.

It's important to keep in mind that each case is unique and has its timeline. Generally, there are several steps that need to be taken before the resolution of a claim:

  • Assessing the extent of the injury
  • Gathering evidence, including medical records and expert testimony
  • Negotiating with insurance companies
  • Filing a lawsuit if necessary
  • Mediation or arbitration if no agreement is reached
  • Final settlement

Your attorney will be able to provide an estimate of how long your case should take to resolve after assessing all the elements of your claim, though ultimately, it may take longer if complications arise or negotiations become drawn out.

What If the Insurance Company Denies My Brain Injury Claim?

If you're ever unfortunate to have to file a brain injury claim, it's important to remember that insurance companies might deny your claim.

It's possible that they may believe you do not have a legitimate claim or that the severity of your injury does not warrant the amount of compensation you are seeking. Don't despair; there are steps you can take if your insurance company denies your brain injury claim in Florida.

Get Evidence to Support Your Claim

The first step is to gather as much evidence as possible to support your claim and show why it should be accepted. This can include any medical records and treatments related to the accident, photos of any visible injuries, statements from witnesses and/or friends who have seen how the injury has affected your life, medical evaluations from neurologists or other specialists, and other relevant documentation.

Hire a Brain Injury Lawyer

Another step is hiring an experienced brain injury lawyer specializing in Florida law and can help navigate the process for making an appeal. A lawyer can use their expertise to review the details of the accident and present a strong argument for why your claim should be approved.

Appeal The Denial Within the State of Florida

If all else fails, you may be able to appeal the denial within the state of Florida by filing a formal complaint with the Office of Insurance Regulation (OIR). In this case, an experienced attorney can help represent you in disputes with your insurance company to ensure all deadlines are met and all necessary documentation is submitted on time.

Can I Still File a Brain Injury Claim If I Did Not Seek Medical Treatment Immediately?

You can still file a brain injury claim even if you did not seek medical treatment immediately. The important thing is that it must be proven that the injury or condition stemmed from an incident that was not your fault.

If you have suffered a brain injury, it is important to seek medical attention right away. However, if you couldn't do so, there are still steps you can take to ensure your claim is filed correctly. Here are a few things to keep in mind:

  • Keep track of all medical appointments and treatments related to your injury and the condition caused by it.
  • Provide documentation from any medical providers showing you were treated for the brain injury sometime after the incident.
  • Keep records of any lost wages due to missed work due to your injury.
  • Gather as many details about the accident as possible (witness statements, photos, videos).

It is important to be prepared with all relevant information when filing a brain injury claim so that your case can be properly processed and evaluated by an attorney or insurance company professional.

Can I Negotiate a Settlement for My Brain Injury Claim?

You can certainly try to negotiate a settlement for your brain injury claim—many people do. It's important to remember, however, that insurance companies typically won't make you an offer until you're ready to file a lawsuit. They don't want to pay out more money than they have to, and they're not going to if they don't have any legal reason.

But if you do decide to file a claim—and if you back it up with solid evidence—your lawyer may be able to help you get a favorable settlement with the insurance company. Here are some tips on how to negotiate the best possible settlement:

  • Calculate your damages accurately- This includes medical expenses, lost wages, and pain and suffering associated with your injury.
  • Document your claim- Your lawyer can help you gather all necessary evidence of your injury so that you can make an effective case for yourself.
  • Be prepared- Ensure you understand all the details of your case and are ready for negotiations with the insurance company or defendant's attorneys.
  • Don't accept any offers below what is necessary- Remember, taking a settlement offer below what is necessary may mean giving up future economic damages or compensation for emotional suffering from the injury caused by another person or entity.
  • Consider mediation or arbitration- If negotiations break down, consider trying out mediation or arbitration as an alternative way of settling the dispute without going to court.
Contact Frankl Kominsky, Brain Injury Lawyers Serving Weston

In need of assistance with filing a brain injury claim in Florida? Frankl Kominsky is here for you. With compassionate and dedicated attorneys, Frankl Kominsky provides the legal aid you need when facing a brain injury. These expert attorneys have extensive experience in personal injury matters and are highly knowledgeable about Florida law as it relates to brain injury claims.

Frankl Kominsky's lawyers will tirelessly work on your case and fight for the compensation you deserve for your misfortune. Their attorneys will work to ensure that the outcome of the case is fair and just and puts you in the best possible position going forward.

If you require assistance filing a brain injury claim, contact Frankl Kominsky at (561) 800-8000 or visit us online at Our experienced attorneys are here to help guide you through the process and ensure your rights are taken care of throughout. Don't wait – contact us today so we can get started on your case!

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