If you or a loved one suffered a brain injury, you might be looking at a lifetime of medical care, high costs, and a reduced ability to work. If your brain injury resulted from another party’s negligence, you could be entitled to compensation. The Law Firm of Anidjar & Levine has considerable experience representing people who have suffered traumatic brain injuries and closed head injuries in a variety of accidents.
We understand that these injuries can significantly affect victims and their families and will do anything we can to help you through this difficult time. Schedule your free consultation with a brain injury lawyer in Fort Myers today: 800-747-3733.
Do I Need Help From an Attorney?
You can file a claim yourself to recover compensation for your brain injury. However, if you are suffering from a brain injury, you may require ongoing treatment for the rest of your life. These treatment costs can be overwhelming, especially if you must deal with a limited earning capacity due to your injury. Some of these costs may include:
- Surgical procedures
- Psychological therapy to help deal with the trauma you experienced
- Physical therapy and rehabilitation
- Vocational training if you are unable to work at your previous job due to your new limitations
Because these costs are so high, many victims and their families are willing to take whatever compensation they can get. And unfortunately, insurance companies know this. They use this against brain injury victims and offer them the lowest settlement possible. And while the settlement might seem substantial now, brain injuries can top $3 million over a lifetime, according to the University of Alabama at Birmingham’s Traumatic Brain Injury Model System.
If you accept a settlement before you know how much your injuries will cost you, you could leave thousands or even millions on the table.
Our attorneys will handle all aspects of your claim and help you recover damages to go towards your bills. This protects your claim and allows you to focus on what matters most: your health and family.
How Do I Recover Compensation?
To recover compensation, your first option will be to file an insurance claim. Here is what you can expect from the process:
Filing a Claim With the Insurance Companies
If you suffered a brain injury in a car accident, slip and fall, or other type of accident, we will first have to notify the insurance companies of your accident. The insurance companies will then investigate the accident by determining who is at-fault for the accident and evaluating the severity of the injuries and damages you have experienced.
Your Anidjar & Levine attorney will be the contact person on your case and provide the insurers with medical records, proof of wage loss, medical bills, evidence of property damage, and any evidence we believe will help them get a thorough understanding of what happened.
Insurance adjusters may seem like your friend, but they will do whatever they can to pay you less than you deserve. In addition to offering you a quick
settlement, they may try to get you to admit fault via a recorded statement or claim that your accident-related injuries occurred due to a pre-existing condition. Talk to your attorney before all interactions with your insurer to protect yourself from the insurer’s tactics.
To recover compensation from the insurer, we must prove the at-fault party:
- Owed you a duty: When driving a car, there is generally an assumed duty to act responsibly behind the wheel. For premises liability cases (e.g., slip and falls), we may have to show that the property owner owed you a duty to maintain the property based on your guest status (e.g., customers at the stores are business invitees).
- Breached a duty: To prove a breach, we will present police reports, witness testimony, statutory violations, and expert testimony. Our goal is to show that the defendants acted negligently (e.g., a driver failing to abide by the speed limit, a store owner failing to inspect their property).
- Caused your injuries: Expert testimony is almost always the best evidence to prove that the defendant’s negligence caused your injuries. For example, an expert in accident reconstruction can testify as to the approximate speed at the time of the crash and an expert neurologist can testify that the impact caused your brain injury.
We will also need to show that you suffered injuries and damages in the accident. The medical records, testimony from your physicians, and expert testimony we present will indicate:
- The severity of your brain injury and other injuries
- How injuries have affected your life
- Past and current treatments
- Expected future treatments
- How the injuries have impacted your future earning capacity
- Any necessary household services or at-home care
At the end of the investigation, it is likely the insurers will make a settlement offer based on their findings. However, not all offers are fair offers. Your attorney will negotiate with the insurance adjuster to get you the best deal possible. In some cases, the insurer will refuse to offer you the damages you deserve. If this happens to you, we will move forward with a lawsuit.
Filing a Lawsuit Against Liable Parties
If the insurer does not make you a fair offer, we will likely take legal action and file a lawsuit against those responsible for your injuries. And because we handle all litigation in-house, it saves you time and money.
Can the Type of Accident Affect the Process?
Yes. Depending on the type of accident, you will file with different insurers and go through different processes. For example, if a motor vehicle accident caused your brain injury, you must contend with Florida’s no-fault insurance laws.
Florida requires all drivers to have “personal injury protection” or PIP coverage. If you were in an accident, you can recover up to the policy limits (typically $10,000) in medical expenses and lost wages, regardless of who was at fault. However, this policy limit is rarely enough to cover the costs of severe injuries such as a traumatic brain injury and does not include payment for pain and suffering or loss of future earning capacity.
However, even if your PIP benefits do not cover your injuries, you can only recover compensation if you meet a serious injury threshold.
Regardless of how your injury occurred, our team will help you navigate the process and recover the compensation you need.
Discuss Your Options With Our Brain Injury Attorneys Today
Brain injuries can take a toll on your quality of life, leaving you unable to earn a living or live independently without assistance. If someone else is responsible for your injuries, the least he can do is compensate you for the pain he caused. Our personal injury lawyers have the knowledge and experience to handle even the most complex accident claims.
Call the Law Firm of Anidjar & Levine for a free consultation at 800-747-3733.