Do I Have a Traumatic Brain Injury Case?
Many people who contact us are unsure if they have a valid legal claim. In Florida, most personal injury cases, including those involving traumatic brain injuries, are based on the legal concept of negligence. In simple terms, negligence means that someone else acted carelessly or wrongfully, and their actions directly led to your injury. It is about holding people and companies accountable for the harm they cause.
To have a successful traumatic brain injury case, you and your attorney must establish four key elements. Think of them as the four legs of a table; without all four, the table cannot stand.
- Duty of Care: The first step is to show that the person who caused your injury (the defendant) owed you a legal duty of care. For example, all drivers on the road have a duty to operate their vehicles safely and follow traffic laws to protect others around them.
- Breach of Duty: Next, you must prove that the defendant breached, or violated, that duty. A driver who was texting while driving or a store owner who failed to clean up a known spill has breached their duty of care.
- Causation: The third element is linking the breach of duty directly to your injuries. You must show that the defendant’s careless action was the direct and primary cause of your traumatic brain injury.
- Damages: Finally, you must demonstrate that you suffered actual harm, or damages, as a result of the injury. These damages include the injury itself, medical bills, lost income from being unable to work, physical pain, and emotional suffering.
Proving these four elements requires a thorough investigation, compelling evidence, and strong legal arguments. An experienced traumatic brain injury lawyer in Coral Springs can gather police reports, medical records, witness statements, and other crucial evidence to build a persuasive claim that clearly establishes negligence.
The Insurance Company Made Me an Offer. Should I Take It?
Soon after an accident, you may be contacted by an insurance adjuster from the at-fault party’s insurance company. They might sound friendly and concerned, and they may even make a quick offer to settle your claim. While it can be tempting to accept this money, especially when medical bills are piling up, it is rarely in your best interest.
Insurance companies are for-profit businesses. Their primary goal is to protect their bottom line by paying out as little as possible on claims. The first offer they make is almost always far less than what your claim is actually worth. Adjusters know that you are in a vulnerable position and hope you will accept a lowball offer before retain a lawyer or you fully understand the true extent of your injuries and future needs.
A traumatic brain injury can have long-lasting and costly consequences that are not always apparent in the first few weeks. An initial settlement offer may not account for:
- The full cost of future medical care, including rehabilitation and therapy.
- Your diminished earning capacity if you are unable to return to your previous job.
- The need for in-home care or modifications to your home to accommodate a disability.
- The immense physical pain and emotional anguish you and your family have endured.
Before you sign any documents or accept any payment from an insurance company, it is vital to speak with a qualified traumatic brain injury attorney. We can help you calculate the true, long-term value of your claim and handle all communications with the insurer to protect you from their tactics.
Compensation Available in a Traumatic Brain Injury Lawsuit
No amount of money can ever truly make up for the devastating effects of a TBI. However, obtaining fair compensation can provide the financial stability you and your family need to face the future with confidence.
In a Florida personal injury lawsuit, you can seek compensation for the various ways the injury has impacted your life. These are legally referred to as damages.
Damages are generally categorized into two main types: economic and non-economic.
- Economic Damages: These are the tangible, out-of-pocket financial losses you have incurred because of the injury. They are meant to reimburse you for actual costs and have a specific monetary value. Examples include past and future medical bills, lost wages, loss of future earning capacity, and costs for rehabilitation, physical therapy, and prescription medications.
- Non-Economic Damages: These damages are intended to compensate you for the intangible, personal losses that do not have a precise price tag. They acknowledge the profound human cost of the injury. Examples include pain and suffering, emotional distress, mental anguish, loss of enjoyment of life, and loss of consortium (the impact on your relationship with your spouse).
Florida law addresses situations where more than one person shares fault for an accident. Under the state’s modified comparative negligence system (Florida Statutes § 768.81 and HB837), a court reduces your compensation by your percentage of fault. If the court finds you more than 50% responsible for the accident, the law bars you from recovering any compensation.
An attorney can evaluate your case to build the strongest possible argument against unfair allegations of fault and build a strong case to pursue the maximum compensation available.
Coral Springs, FL TBI FAQs
When you are coping with a serious injury, you are bound to have many questions. Here are answers to some of the common concerns we hear from individuals and families in the Coral Springs area.
