Brain trauma is among the most debilitating of any injury. Victims of brain injuries often incur permanent damage, including impaired cognitive function, restriction of movement, personality changes, and even total disability. A brain injury survivor’s family can experience emotional and financial stress trying to care for their loved one. The medical bills are usually substantial and victims often spend a great deal of time away from work, which results in difficulty paying household bills.
At the Law Firm of Anidjar & Levine, we understand the seriousness of brain injuries and we help victims fight for the max compensation. Call our brain injury lawyers in Jacksonville today at 800-747-3733 for a free consultation. We can go over the details of your case and advise you on the best way to proceed.
Who is responsible for my brain injury?
A lawyer can look at the details of your injury and the available evidence and determine if another party bears responsibility. Once we identify the responsible party, we can pursue them for damages.
Here are a few common causes of brain injuries and the parties that might be responsible in each case.
Slips and falls
The Centers for Disease Control (CDC) reported that falls accounted for nearly half of all brain injuries in 2013. Moreover, brain injuries due to falls disproportionately affect the elderly and young children.
If your brain injury resulted from a slip and fall accident on someone else’s property, they could be liable for your injuries. For instance, the law requires business owners to alert customers to hazards such as wet floors, uneven pavement, or potholes in parking lots.
Motor Vehicle Accidents
Motor vehicle accidents contribute to many brain injuries each year. Florida drivers must uphold a certain duty of care when operating a vehicle. If another driver breached their duty of care and caused an accident resulting in your brain injury, we can pursue them for damages.
Some brain injuries occur due to accidents involving recreational vehicles, such as dirt bikes, four wheelers, or boats. Whether your injury was due to another person’s negligence or a defective part in the vehicle, we can determine who is responsible and pursue damages.
Violence, including gunshots, assaults, and child abuse, is another leading cause of brain injuries each year.
In certain cases, brain injuries result from malpractice while under the care of a doctor. For instance, if something went wrong in surgery because the doctor failed to uphold a reasonable standard of care, they may be liable for the brain injury that occurred as a result. Our medical malpractice attorneys have experience with these cases and can aggressively pursue compensation on your behalf.
How can I get compensation for my brain injury?
There is a good chance that another party shares in the responsibility for your brain injury. Our skilled attorneys can pursue the responsible party or parties for damages and help you win the maximum compensation you deserve.
Our biggest job as your representation is to demonstrate negligence. We have to show that someone else’s lack of care caused or contributed to your injury. Before we file suit or attempt to settle out of court, we have to gather evidence to support our claim of negligence.
Ultimately, our case comes down to proving the following:
- The other party had a duty of care to protect you from or warn you of a potential danger;
- They failed to uphold their duty of care;
- You suffered a brain injury as a result of the other party’s negligence; and
- Your brain injury resulted in physical, mental, or emotional damages that caused a financial burden.
For instance, assume you were taking the stairs in an office building, and one of the stairs gave way beneath you. You hit your head on the tile floor, resulting in a traumatic brain injury. If no sign or warning was present that the stairs were defective, we can show that the property owner failed in their duty to fix or warn you of the defective stairs, and as a result, you suffered an injury that caused physical and mental damages and financial loss.
What kinds of damages can I recover?
Depending on the circumstances of your injury, we can pursue compensation to cover your costs in several areas.
Medical bills from a traumatic brain injury can be substantial. Beyond the immediate care you receive in the wake of your injury, you will likely have to undergo rehabilitation and physical and occupational therapy. A chance even exists that you will require care for the rest of your life.
We can gather documentation from your doctors and other caregivers to show the extent of the medical treatment you have undergone and which treatments you will need to care for your brain injury.
Lost Wages and Earning Capacity
Most traumatic brain injuries result in substantial time away from work. In severe cases, your earning capacity never returns to what it was. We can pursue compensation to make up for your lost wages as well as future income your injury prevents you from earning.
Pain and Suffering
Brain injuries are painful and the recovery process can be arduous and emotionally trying. You are eligible for compensation for your pain and suffering. We will aggressively pursue it using the extensive resources we have available.
In certain cases, you can receive punitive damages. Typically, we have to prove either gross negligence or criminal misconduct to make a claim for this type of damages. Based on the details of your case, we can help you determine if this is an option.
Do I need a lawyer to pursue my brain injury case?
A good brain injury lawyer can take the burden off you and help you navigate the often complex process of seeking damages from the responsible party. At the Law Firm of Anidjar & Levine, we examine the details of your case, gather all available evidence, and use it to prove that the other party’s negligence caused your injury and resulting financial losses. We can attempt to negotiate a settlement and, if necessary, take your case all the way to a jury trial.
Contact us at 800-747-3733 today for a free consultation. We will pursue your case aggressively and help you get the compensation you deserve.