Brain injuries can be incredibly traumatic for victims and their families. Many brain injury victims suffer for years, and some are never the same again. If you or a loved one sustained a brain injury, you might face medical bills, lost wages, and an uncertain future.
You should not suffer due to someone else’s negligence or recklessness. We understand how difficult it can be for brain injury victims and their families. Our personal injury law firm is here to help you pursue compensation for your injuries.
Common Causes of Brain Injuries
Most brain injuries are due to a blow or jolt to the head. Most of the brain injury cases our team takes on are caused by the following events:
- Car accidents
- Boating accidents
- Drunk driving accidents
- Big rig accidents
- Sports injuries
- Work-related injuries
- Slips and falls
- Swimming pool accidents
- Nursing home abuse
If you or someone you love sustained a brain injury, you have the legal right to pursue damages. Some damages will be worth more depending on the extent of your injuries. One of our lawyers can review your case to ensure you qualify for a case.
For a free legal consultation with a brain injuries lawyer serving Tampa, 800-747-3733
Impacts of a Traumatic Brain Injury on Your Life
Depending on the type of brain injury you’ve suffered, its effects will vary. One of the most severe impacts to the brain you can sustain is a traumatic brain injury. Victims can suffer a wide range of physical and psychological symptoms, including:
- Loss of motor skills and cognitive functions
- Loss of consciousness
- Mood swings
- Slurred speech
- Blurred vision or loss of vision
- Memory loss
These symptoms often result from damage to brain tissue and can worsen or become fatal if you don’t seek medical attention in time. You could recover damages for the symptoms you experience and any medical care you need to treat them.
Our lawyers can help you find medical assistance if needed. We can even help you schedule doctor’s appointments that fit within your schedule.
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Statute of Limitations in Tampa Brain Injury Cases
State laws limit the time accident victims have to pursue compensation after accidents. According to Florida Statutes § 95.11, you must file a personal injury lawsuit within four years of the incident date. That seems like a lot of time, but getting the process started as soon as possible is essential to make it easier to collect all of the evidence we will need to support your claim.
Also, filing early gives you a higher chance of getting the maximum compensation for your pain. Our brain injury attorneys can tell you exactly how long you have to file and if you qualify for a deadline extension.
If you don’t file your brain injury claim on time, you won’t be eligible to recover damages for your pain. You’ll have to pay your medical bills out of pocket without financial compensation.
By getting in touch with one of our personal injury lawyers in Tampa soon after your incident, you won’t have to worry about paying for the consequences of someone else’s negligent actions.
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Determining Liability in Closed Head Injury Cases in Tampa, FL
If someone else’s neglect or recklessness caused your brain injury, you might be able to seek compensation and other damages. Our personal injury lawyers must prove the following elements to establish liability and seek compensation:
- Establish duty of care: The first step in establishing liability is proving the at-fault party had a duty to create a reasonably safe environment. For example, a truck driver must follow traffic laws and be alert while on the road.
- Prove breach of duty: Next, we must show the at-fault party breached their duty. For example, we might show the truck driver failed to stop at a stop sign.
- Show causation: We must show the at-fault party’s actions caused your injuries. For example, the truck driver running a stop sign hit your car, causing you to hit your head on the windshield.
- Prove damages: Finally, we must prove there are damages. For example, hitting your head causes a brain injury that requires medical care.
Who Can Be Liable for a Brain Injury?
Depending on the nature of your accident, many parties can be liable for your head trauma. Common liable parties you can seek compensation from include:
If you were in a motor vehicle accident and the other driver caused the wreck, you could hold them accountable. Any action disregarding the safety of other drivers on the road is defined as a negligent action.
Speeding, reckless driving, texting while driving, and even changing the radio at the wrong time, are all examples of negligence. Every driver on the road should take caution to avoid causing harm to other drivers.
You could hold staff members accountable if you or your loved one suffered harm from nursing home negligence or an incident at work. Staff members at nursing homes and places of work are supposed to ensure people under their supervision are safe.
If an employee at a nursing home fails to administer proper medication, change bed sheets, or fail to check in on residents, they could be liable for damages you or your loved ones sustained. Also, if an employer failed to give proper training or failed to do quality assurance checks and you got hurt, you could file a claim against them.
Careless Property Owner
Property owners must keep their grounds free of any hazards that could cause harm to visitors. Whether it be a landlord, homeowner, or store owner, they should follow a standard of care to protect the public.
If a property owner fails to clean up a spill, has hazardous chemicals in a common area, or fails to warn visitors of danger and you get hurt, you can hold them accountable. You can hold other parties accountable that a lawyer from our firm can identify in a free consultation.
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Damages You May Recover from Your Brain Injury
The damages you are eligible to recover depend upon the details of your case. We cannot estimate your damages until we have thoroughly investigated your claim. However, there are specific types of damage we often recover in brain injury cases. These include:
You may be eligible to recover the cost of all medical care related to your brain injury. These costs include emergency room care, testing such as MRIs or a CAT scan, treatment, surgeries, and follow-up doctor visits.
For traumatic brain injuries or victims with extended recovery times, you may also recover the cost of long-term care, rehabilitation, medically required modifications to your home (such as for wheelchair access), and mobility devices.
Lost Salary and Employment Benefits
Your damages may also include the wages you have lost due to your inability to work. If you cannot work after your brain injury or are expected to have a long recovery time, you may also recover the loss of future wages.
For some victims, future wage loss may also include loss of employment benefits, such as employer-sponsored health care or retirement savings matching.
In addition to provable costs like lost wages or medical bills, your brain injury may take its toll on your ability to enjoy life or complete everyday tasks. You may suffer from confusion, and depression, lose interest in your favorite activities or struggle to sleep.
If so, you could recover non-economic damages for your pain and suffering, loss of consortium, mental anguish, emotional distress, and loss of enjoyment of life.
How Our Personal Injury Attorneys Deal with the Insurance Company
In the aftermath of head trauma, you’ll have to meet with the insurance company. And you must keep in mind the insurance adjuster’s motive: profit. People at insurance companies will fight for you to recover a small settlement instead of the one you deserve.
But our lawyers can use our negotiation skills to fight for every damage you qualify for. We’ll shut down the tactics the adjuster tries to use with concrete evidence of your pain. We’ll also ensure you don’t get conned into taking a lowball settlement.
You should remember that you won’t be eligible for any other compensation if you accept a settlement. But by having one of our lawyers by your side, you won’t have to worry about that. You should never communicate or meet with an insurance representative without a skilled attorney present.
Contact a Tampa Brain Injury Lawyer Today To Get a Free Case Review
At the Law Offices of Anidjar & Levine, we understand how trying this time can be. You should not have to face the consequences of someone else’s negligence. Our legal team is here to walk you through the legal process so you can focus on getting better.
Contact our compassionate team today to start the process. A Tampa brain injury lawyer is here to help you get your life back.
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