Pembroke Pines Brain Injury
Brain injuries can be life-altering for victims and their loved ones. Unfortunately, these injuries are expensive to treat, and victims might require help with self-care for a very long time. Sometimes, it could result in permanent disabilities. This is why seeking a Pembroke Pine brain injury lawyer is important when you decide to seek fair compensation.
Payments for treatments you endure, wages you’ll miss, and other expenses quickly add up. However, if someone acted negligently and caused your injuries, we can help.
At Frankl Kominky Injury Lawyers, we represent victims who sustain brain injuries and can help you prove fault to help you seek fair financial recovery. Our law firm combines experience and legal knowledge to help our clients reach positive outcomes.What Is a Brain Injury?
Often referred to as traumatic brain injury, a brain injury is a wound that results from trauma to the head. Some brain injuries are easy to spot, such as a brain bleed, fractured skull, or an unconscious victim after an impact on the head. In these cases, it’s clear that accident victims have suffered a traumatic brain injury.
However, there are times when accident victims suffer mild or moderate brain injuries. These injuries can be difficult to discern due to their subtle symptoms. These injuries can result in issues with memory, concentration, emotions, and thinking, amongst others.How Can Negligence Cause a Brain Injury?
A brain injury is common after an accident. Suppose the negligence of someone else caused this accident. In that case, we can help collect ample evidence to prove the responsible party’s fault so you can file a claim.
The CDC reveals that the most common cause of brain injuries are slips and falls and motor vehicle accidents. Below are the most typical causes of brain injuries.
- Slip and Falls: This could be due to product spills in stores, wet floors, water leaks from an A/C unit or gutter, uneven or slippery tile surfaces, pool decks, etc.
- Motor Vehicle Accidents: The second top cause of brain injuries is motor vehicle accidents. This could include trucking wrecks, bicycle collisions, car accidents, motorcycle crashes, pedestrian knockdowns, etc.
- Medical Malpractice: Another reason a person could develop brain injuries is medical malpractice. This could include birth injuries such as cerebral palsy, hypoxic-ischemic encephalopathy, and kernicterus. In addition, other medical negligent practices could result in brain injuries, such as surgical and medication mistakes and anesthesia errors.
- Nursing Home Negligence: Clogged breathing tubes, falling out of bed, medication errors, wheelchair accidents, and other incidences indicating nursing home abuse and neglect could result in brain injuries.
- Construction Site Accidents: This is also quite common and includes construction truck accidents, falling from heights, falling debris on victims, crushing injuries, etc.
Various types of brain injuries can be caused by an accident. Therefore, we assess any possible brain injury case to determine its severity. This is because brain and head injuries are unlike broken bones and torn muscles.
Brain wounds can be challenging to detect, even when severe, as they might not appear in an imaging study. Additionally, victims can suffer brain injuries even when they don’t physically hit their head, or it’s been months or weeks since the accident occurred.
This is because the various types of brain injuries operate differently. For example, penetrating injuries such as debris piercing the skull are obvious. On the other hand, you can have head injuries that result in slow bleeds, swelling, or chemical changes in the brain.
Furthermore, brain wounds have different symptoms. The following are the common signs:Concussion
This is one of the most common types of traumatic brain injuries. Unfortunately, it is often dismissed as people believe concussions are not serious. An insurance adjuster might take this stance when a victim tries to claim compensation. However, even a mild concussion could result in changes in the brain. Additionally, every concussion makes subsequent concussions even more deadly and disabling. Therefore, we often review the case of victims suffering from trauma, even if they believe they’ve made a full recovery. When necessary, we might hire a medical expert to examine your injury and determine if it is more severe.Coup-Contrecoup
This is similar to an explosive whiplash motion that results in the brain violently sliding back and forth in the skull. This violent motion could result in the brain striking opposite ends of the skull, resulting in a severe brain injury. This damage could cause swelling and brain bleeding, which increases the risk of wrongful death or permanent damage.Diffuse Axonal
When impact with an explosive object causes an immediate jolt, it can result in a tear of tissues inside the head. This motion can disrupt structures in the brain and result in disconnecting blood vessels, separation of nerve pathways, and the damage of improper structures.
This brain injury is similar to a torn tendon or muscle. However, the consequence of this injury is far more dangerous and devastating. If you suffer from diffuse axonal caused by someone else’s negligence, it’s always best to consult with a Pembroke Pines brain injury lawyer.Brain Bleeds
Bleeding inside the skull is dangerous because it can cut off the oxygen supply to the brain and increase intracranial pressure. This is because the central nervous system is a closed system that is slowly regulated to let fluid in and out.
The body system’s primary goal is to maintain a consistent fluid level. Unfortunately, this is not the case when there’s a brain bleed. On these occasions, the pressure increases faster than the body can regulate, resulting in severe brain damage that could be catastrophic or cause death.What Damages Can I Recover After a Pembroke Pines Brain Injury?
Those suffering from a brain injury after a car accident often have to deal with severe damage. Brain injuries can result in permanent physical damage even in cases where the injury isn’t extreme. This is because the brain is a complex organ that no one fully understands. Therefore, damages to it can be severe and result in lasting disabilities.
Damage to the brain tends to affect the physical and tangible processes of the body. As a result, it could result in cognitive issues that are unique. In addition, for many brain injury victims, the damage significantly impacts their finances, lifestyle, and career.
Thankfully, you can seek compensation from the party who caused the accident that harmed you. Below are the damages you can claim.Economic Damages
Economic damages cover tangible losses. For example, medical expenses for treating a brain injury are usually relatively high and could soon add up to significant sums. In addition, most victims have to deal with prescription drugs, checkups, therapy, and many more, which drives the expenses up.
Victims also have lost wages to worry about as there might be a need to take time off work while recovering. In addition, victims sometimes lose their jobs or have to end their careers altogether because of a brain injury. These lost wages could have significant financial consequences on the victims.Non-Economic Damages
Victims also deal with intense pain and suffering following a brain injury. Beyond this are other extensive damages without a precise dollar value or cannot be validated with a receipt.
Some common non-economic damages after a brain injury include mental anguish, pain and suffering, depression, loss of consortium, and more. Despite not having a precise dollar value, these non-economic damages are significant and included in your brain injury claim.
We might require your testimony, a mental health expert, or your loved ones stating how the brain injury changed your life. Testimony that proves that the injury prevented you from performing family obligations and other crucial tasks can be instrumental when seeking the compensation you deserve. Our Pembroke Pines brain injury lawyers can use this information to build a solid brain injury claim (by appointment only).
After collecting all the crucial evidence and information, we can file a claim on your behalf and negotiate a fair settlement. If the responsible party’s insurer refuses to offer a fair settlement award for your damages, we can file a personal injury lawsuit and proceed to trial.How Much Is My Brain Injury Claim Worth?
There’s no way to determine how much you can recover until you settle with the insurance adjuster. Alternatively, your case may go to trial if an agreement cannot be reached.
However, we can use our experience, knowledge, and resources to estimate the potential of your case. We can also help you understand expectations before accepting a settlement from the at-fault party.
Several factors affect the amount of compensation an accident victim can seek. If you suffered a minor brain injury that only requires missing work but no hospital stay, the claim will have a smaller value than severe brain injuries. Accident victims that need long-term medical treatments and therapy, and have months or years of low wages, will likely have higher settlements.
To determine the worth of your brain injury claims, we collect receipts, bills, and other crucial documentation that will effectively portray the cost of your treatment and therapy. In some cases, we’ll consult expert witnesses to help us understand your ongoing care needs and the expenses for future treatments.
By gathering this information about past, current, and future financial losses, we can put an estimate on your claim. Our Pembroke Pines brain injury lawyers will include this value in the demand letter and use it to negotiate fair compensation with the liable party’s insurance company (by appointment only).
Victims who try to handle accident claims on their own without a clear idea of the worth of their case might end up settling for a low offer. Unfortunately, this could leave you paying for many expenses out of pocket.What Is the Claims Process for Recovering Compensation After a Brain Injury?
Although all brain injury claims solely depend on proving negligence to ensure compensation, the process usually depends on how the injury occurred. This is one of the benefits of having a knowledgeable Pembroke Pines brain injury attorney on your side.
If the injury occurred due to a motor vehicle accident, the claims process would significantly differ from a product defect or medical malpractice. Also, the evidence required in a car accident claim differs from that of a medical malpractice claim.
However, regardless of the brain injury, we can help you pursue compensation if another person’s negligence resulted in the injury. We have ample experience navigating the insurance claim process and negotiating with insurance carriers.
Victims can focus on their physical recovery by letting us handle the claims process. Therefore, waste no time seeking legal representation if you or a loved one suffer a brain injury from negligence.Florida Laws and Seeking Compensation
Florida has a no-fault car accident compensation law. You must file a claim with your insurance company after an accident first. Your personal injury protection insurance policy will cover a specific amount up to the policy limit.
However, suppose the cost of treatments and other expenses related to the accident goes beyond the coverage offered under the personal injury protection policy. In that case, you can sue the other party for additional costs.
You must notify your supervisor immediately after an injury for a workers' compensation claim. Victims must fill out the first notice of injury form, providing as much information as possible. According to Florida laws, your claim might be rejected if you don’t notify your workplace of your injury within 30 days.
Additionally, if you want to file a personal injury lawsuit in civil court, you have four years from the accident date. If you miss the deadline, you cannot seek compensation in court if the insurance company refuses to settle or offers a meager amount.
Note that Florida applies a pure comparative negligence law. This means that if you’re found partially liable for the accident resulting in your injury, you won’t be able to recover total compensation. Instead, the court will deduct your percentage of fault from what is awarded.
Suppose you are 30% responsible for the accident resulting in your brain injury. The court will only award you 70% of the amount you requested. We can effectively guide you through the entire legal process if this sounds complicated.Benefits of Hiring a Pembroke Pines Brain Injury Lawyer
The litigation process for brain injuries can be confusing and should not be navigated alone. However, several people are reluctant to hire a lawyer. Below are three reasons/benefits of obtaining legal representation.Building a Solid Case
Brain injury cases can be traumatic and complex, so you can benefit from the help of an experienced brain injury attorney to build a solid case. We can gather substantial indisputable evidence that can effectively prove your brain injury’s severe nature and cause.
We also understand the importance of liability and can gather evidence to prove the at-fault party’s negligence. Our lawyers will also gather proof demonstrating the emotional and financial toll the brain injury took on your personal life and career.Seeking Maximum Compensation
Accident victims seeking compensation on their own can easily fall prey to the tactics of insurance companies. The insurance company might make a low offer that isn’t the true worth of your case, and without a lawyer, you might accept the offer.
However, as previously mentioned, an experienced Pembroke Pines brain injury lawyer will map out the damages to estimate your case's worth. At Frankl Kominsky Injury Lawyers, we will calculate your damages, including medical and out-of-pocket expenses you might have incurred during the recovery process.Seek Justice
If you’re seeking justice for your injury, we can help. However, seeking justice can be stressful when you have to deal with the paperwork involved in filing a lawsuit and the litigation process. Therefore, we’ll handle the entire legal process while you focus on recovery.How a Pembroke Pines Brain Injury Lawyer Can Help
Handling the entire litigation process alone can take a toll, especially when recovering from a brain injury. However, our lawyers have the skills, experiences, and resources required to handle your brain injury case and help you seek the compensation you deserve. In addition, you have a higher chance of taking home an adequate settlement when you enlist the help of an attorney.
Although the claims process can be complex, our legal team at Frankl Kominsky Injury Lawyers has the skills and knowledge for a winning chance. We’ll collect all the necessary evidence to support your claim and handle negotiations with the insurance adjuster.
We will also protect your rights and inform you of your obligations. Our brain injury lawyers work on a contingency fee basis and offer free initial consultations. Contact our law firm today to schedule an appointment at (561) 800-8000.