Brain Injury Lawyers Serving Port St Lucie
There is no question that the brain is one of the most vital and delicate parts of the human body. Without proper brain function, we cannot perform simple tasks we are accustomed to such as bathing, getting dressed, eating and drinking, going to work, and enjoying other daily activities.
When an accident victim suffers serious brain damage, he or she could be facing a lifetime of expensive medical treatment and psychological therapy. This is why it is critical to speak to an attorney about an accident that may have resulted in a serious brain injury.
At the law firm of Frankl Kominsky Injury Lawyers, we take every brain injury case very seriously. Our compassionate attorneys understand the emotional toll and financial difficulties that come when a loved one suffers severe brain damage. Brain injury victims often require special, long-term healthcare needs, including at-home care, physical and psychological therapy, and transportation to and from medical appointments, which can prove to be costly over a lengthy period.
This is why it is crucial to schedule a complimentary, initial consultation with a licensed lawyer from our firm. If you or your loved one suffered a brain injury in Port St. Lucie, as a result of negligence by another party, financial compensation could be available. Let our skilled team of legal professionals answer your legal questions regarding your brain injury claim (by appointment only).
The law office of Frankl Kominsky Injury Lawyers has more than four decades of combined legal experience, which includes cases involving brain injuries. Altogether, our firm has retrieved more than $100,000,000 in successful verdicts and settlements on behalf of our past clientele.How Much Compensation Could I Recover?
This is perhaps the most popular question we seem to have asked from potential clients regarding their brain injury claim. While it can be nearly impossible to determine the value of your claim without knowing the details, we can give you a general idea of what to expect.
Brain injuries can vary greatly from mild temporary damage to more severe long-term trauma, in what is known as a traumatic brain injury. The amount of compensation you may be eligible for might depend on how severe the injury is.
Generally, when you file a brain injury claim, you may be able to pursue two main types of damages, depending on the circumstances surrounding the accident:Economic Damages
These are damages that have a documented monetary cost to them. Some common examples of economic damages in a brain injury claim may include funds for:
- Past, present, and future medical costs
- Hospital and doctor visits
- Diagnostic tests such as X-rays, MRI's, CT Scans
- Emergency and ambulatory care
- Medical devices or equipment needed
- Physical therapy
- Speech therapy
- Assistive rehabilitation
- At-home care
- Transportation to-and-from medical appointments
- Loss of income
- Loss of earning capacity
- Funeral and burial costs
- Property damage
These damages are more difficult to determine without the help of a qualified attorney because they do not have a documented monetary value. Some common examples of non-economic damages known to occur in a brain injury case may include:
- Physical pain and suffering
- Psychological issues
- Emotional trauma
- Mental anguish
- Loss of appetite
- Scarring or disfigurement
- Loss of consortium
- Loss of enjoyment of life
While these are the most common types of damages that may be claimed in a brain injury case, there may be other benefits you could recover, depending on the details of your situation. For example, if the injured victim was owed certain work-related benefits such as paid time off, bonuses, pensions, or other incentives.
This is why it is critical to learn your rights to seek the full and fair amount of compensation you may need to make a healthy recovery. Having a knowledgeable lawyer from our firm review your claim could help you learn your legal options to help prepare for your financial future.
Reach out to a licensed attorney today by calling (772) 800-8000 or you can try our online chat.How Do I Know if My Claim is Eligible for Compensation?
As the plaintiff, you have the burden of proof to prove you are eligible for financial compensation with a brain injury claim. In other words, it is up to you with the help of your attorney to build a strong case together and provide evidence that the brain injury was the result of the defendant's negligence.
According to Florida law, in order to prove fault for an accident that caused the brain damage, you and your attorney must first establish the four elements of negligence:
- The defendant owed you a legal duty of care - This means the person who caused the accident could have prevented it, had he or she not been negligent. For instance, all commercial truck drivers are limited to a certain number of work hours every week. If it is found that the trucker exceeded the maximum number of hours, and later caused an accident due to fatigue, you could provide this as evidence that the truck driver and trucking company are liable for your damages.
- The duty of care was not upheld - In other words, the at-fault party failed to act as another reasonable person would in a similar situation, which then caused the accident that led to your brain injury. For example, a driver who is speeding, driving recklessly, fatigued, or under the influence of drugs and/or alcohol is not upholding his or her duty of care owed to you by law.
- A causation link exists - In order to prove negligence in a brain injury claim, you and your lawyer need to show a link between the negligent behavior and your damages. In other words, your injuries would not have occurred, had it not been for the negligence of the at-fault party.
- Damages were created as a result of the accident - This could come in the form of healthcare bills, property damage, lost wages, and other work related benefits you missed during recovery.
Once the four elements of negligence are met, you and your lawyer can work together to submit evidence and create a demand letter requesting the fair amount of compensation you may legally deserve.How Soon Do I Need to File a Brain Injury Claim?
All personal injury claims, including those that result in brain damage, must be filed within a certain period in what is known as Florida's statute of limitations. While most claims are due within four years from the date of the accident, some cases may call for the claim to be submitted much sooner. For example, if your claim is against a government worker or agency.
On the other hand, there may be instances where the statute of limitations may be extended, such as in cases involving injured children or if the victim is temporarily incapacitated.
If you fail to submit your brain injury claim within the proper time limit, you could be denied the opportunity to seek compensation. The reason for this is to prevent people from bringing up old claims from the past.
If you have a viable claim, our seasoned attorneys can help determine the correct statute of limitations for your particular situation.
Learn more about your rights to seek compensation by calling Frankl Kominsky Injury lawyers at (772) 800-8000 anytime, 24/7.
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While there are numerous ways you could sustain significant brain damage, most of the brain injury cases we have worked with in the past are usually the result of:
- Vehicle crashes
- Auto-pedestrian accidents
- Slip and fall accidents
- Workplace accidents
- Construction accidents
- Negligent security
- Sports injuries
- Defective products
Whether your brain injury claim was the result of one of the above accidents or something similar, you could hold the at-fault party liable for your damages. Even if you were found to be partially at fault for causing the accident, Florida law may still allow you to seek partial compensation.Schedule a Free Consultation With a Licensed Attorney Today
Whether you or someone you care for sustained a brain injury that was caused by another's negligence, it is crucial that you speak to an attorney from our firm in a free, initial consultation. At the law office of Frankl Kominsky Injury Lawyers, our friendly staff is available to answer any legal questions you may have regarding your brain injury claim.
Our accomplished lawyers have more than 40 years of combined legal experience while handling more than 6,000 cases combined. Frankl Kominsky Injury Lawyers have extensive knowledge of brain injury claims, as well as local, state, and federal laws that may be applied to your case.
Co-founder, Steven L. Frankl was selected in 2012, 2013, 2014, 2015, and 2016 for induction into The National Trial Lawyers Top 40 under 40 and received the Top 10 Best in 2015 for the Client Satisfaction Award by the American Institute of Personal Injury Lawyers.
Altogether, our firm has received more than 600-plus five-star reviews, so you can see how hard we work to help our clients. Let our team of legal professionals help you learn your legal rights to pursue the financial compensation you may legally deserve to cover the costs associated with your brain injury.
To schedule a no-cost, initial claim evaluation, call (772) 800-8000 or fill out a free online form.