We all have to drive with the utmost care to prevent injuries to ourselves and others. When we get behind the wheel of a vehicle, we agree to obey the rules of the road and drive with a reasonable degree of care. We are putting our trust in other drivers to do the same, but what happens when other motorists break the law or drive recklessly?
If a negligent driver caused you or a loved one to suffer a head injury during a crash, you might be able to seek compensation for your medical bills and other damages. A Naples car accident lawyer can help you with a car accident lawsuit against the driver who caused your crash, as well as any other negligent parties. For more information, reach out to the Law Offices of Anidjar & Levine.
Head Injuries Can Have Permanent and Life-Altering Consequences
According to the Centers for Disease Control and Prevention (CDC), traumatic brain injuries (TBIs), common head injuries, are a leading cause of death and disability in the United States. The CDC also reports that car accidents are responsible for around 20 percent of all hospitalizations for TBIs.
Head injuries can range from mild bumps and bruises to TBIs, which are often caused by a blow to the head or a violent jolt to the body or head. Car accidents may cause a variety of head injuries, including concussions, bleeding in and around the brain, and skull fractures, according to Johns Hopkins Medicine.
Illnesses and complications resulting from a head injury may include:
- Increased irritability and other changes in behavior
- Slurred speech
- Depression and anxiety
- A permanent vegetative state
- Loss of coordination
- Difficulty walking
- Loss of ability to speak or move
People who suffer from head injuries may never fully recover. Sometimes, changes in behavior, cognitive ability, and physical impairment are permanent. Some head injuries are fatal. If you suffered a severe head injury in a car accident, the Naples personal injury lawyer might be able to help. Call us today.
A Lawyer Can Help You Seek Monetary Awards
A Naples head injury lawyer may be able to help you recover damages from the driver responsible for your crash. Because Florida is a no-fault insurance state, you can only sue if your injuries are serious and exceed your personal injury protection (PIP) coverage.
According to the Florida Department of Financial Services, drivers are required to have at least $10,000 in PIP. After an accident, you file claims for your medical expenses with your own insurance provider, regardless of who is at fault. If your accident results in permanent injuries, permanent loss of an important bodily function, disfigurement, significant scarring, or death, you may seek costs not already covered by your PIP in a civil lawsuit.
In a lawsuit, your attorney will attempt to recover the costs of your medical expenses, as well as any future therapies or treatments you may require. They can also help you fight for lost wages, property damages, and awards for your pain, suffering, and mental and emotional anguish.
If your loved one died from a head injury suffered in a crash, you might be able to sue on their behalf. You may also win damages for your grief, loss of companionship, and loss of your loved one’s monetary contributions to your household.
To win compensation, you must prove that someone else’s negligence contributed to your accident. In the case of another driver, negligent driving may include violations such as failing to yield, speeding, driving under the influence, or running a stoplight.
You might have a case for negligence against the manufacturer of your vehicle or one of its parts if brake failure, tire failure, or some other mechanical or parts error caused your crash.
In some cases, the entity that maintains the road where you crash occurred may be liable. This might be the situation if a lack of lighting, signage, maintenance, or another problem with the roadway led to your accident.
You may still be able to recover partial damages even if your own negligence played a role in your accident. Under Florida Statutes § 768.81, you can sue for compensation as long as you are less at fault than the other driver. The court will reduce any settlement you receive by the degree of fault it assigns to you. This means if you win $200,000 but are 20 percent at-fault, you would collect a settlement of $160,000.
Keep in mind that there is a time limit for how long you have to take your case to court. Florida Statutes § 95.11 provides a four-year statute of limitations on cases founded on negligence. This means that if more than four years elapse from the time of your accident or the time of your loved one’s death, you may no longer be able to seek damages in court. You can hire an attorney as soon as possible to allow adequate time to prepare and file your case.
Get Responsive Legal Care with the Law Offices of Anidjar & Levine
When other people behave negligently, innocent people can get hurt. If your accident was not your fault, you should not be stuck with the financial consequences. Dealing with your injuries is hard enough without worrying about your medical bills and missing work.
At the Law Offices of Anidjar & Levine, we want your focus to be on healing. We will go the extra mile to make sure you are represented, and the legal process does not become yet another burden.
We do not want the costs of a lawyer to add to your stress. A Naples head injury lawyer can take your case on contingency. This means we do not get paid unless we win. To take advantage of a free consultation, contact our team.
We Can Help.