Serious brain injuries affect not only the victim and their ability to work and live independently, but also every member of the family. Spouses and children may have to adapt to caretaking roles in the household, providing the care and support their loved one now requires. At the same time, the two-income household often now relies on a single income while medical bills, rehabilitation costs, and care expenses continue to add up.
At the Law Firm of Anidjar & Levine, our skilled lawyers can help you understand your family’s legal options for compensation if a brain injury occurred because of another person’s careless or negligent behavior. Call us today at 800-747-3733 to schedule your free case review with one of our brain injury lawyers in Miami. We can help your family get the compensation you deserve and improve quality of life for everyone in your household.
Who is liable for my brain injury?
Brain injuries can occur as the result of a number of accidents. According to the Centers for Disease Control and Prevention (CDC), the top cause in 2013 was falls. Other common causes of head and brain injuries include motor vehicle accidents, boating accidents, gunshots, assault, child abuse, medical malpractice, defective product accidents, and sports accidents.
We can trace most of these causes back to a preventable injury, sometimes caused by another person’s negligence. When the injury occurred because another person acted carelessly—if a driver ran a red light, for example—you may be eligible to file for compensation from the liable party.
Why are brain injuries so costly?
Every brain injury is different. The treatment, rehabilitation, ongoing care, and medical costs vary widely depending on the location and severity of the injury. Minor brain injuries like concussions usually clear up in a few weeks. More serious brain injuries, however, can cause a variety of serious symptoms, including:
- Memory loss;
- Cognitive and physical disabilities;
- Altered sensory and nerve reactions;
- Emotional concerns; and
- Personality changes.
Treating these side effects can be costly. Victims of a serious brain injury may spend days or weeks in the intensive care unit, followed by an extended period of inpatient treatment and rehabilitation. Upon returning home, they may face ongoing care, including assistance with daily living activities, feeding tubes, ventilators, and other life-sustaining equipment. During this recovery time, a brain injury victim is often unable to return to work.
All of these expenses quickly amass a huge debt. Bills never stop coming in because of the in-home care costs. Many brain injury survivors never make a full recovery and struggle to overcome permanent disabilities. Returning to a previous job may not be an option for those with cognitive and physical disabilities, intensifying the financial stresses.
How can I get compensation for my injuries?
If you or a loved one suffered a brain injury in an accident caused by a careless or negligent person, we may be able to file a claim for compensation on your behalf. Florida laws allow you to file an insurance claim or personal injury lawsuit to collect money to cover your losses after this type of incident.
While the laws that outline how we proceed vary somewhat based on how your injuries occurred and the identity of the negligent party, we can usually help qualified clients negotiate a fair settlement to cover their medical bills, lost wages, ongoing care costs, and other losses without ever filing a lawsuit. Instead, we file a third-party liability claim based on the at-fault party’s auto, homeowner’s, or business insurance policy.
If it comes down to it and the insurance company refuses to offer you a fair payout for your claim, we will discuss the possibility of filing a lawsuit in civil court. This is sometimes the impetus the insurer needs to reopen negotiations, and even filing a suit does not mean your case will go before the judge.
What role does negligence play in brain injury claims?
Negligence plays a central role in any Miami personal injury case. We have to provide documentation showing the liable party acted negligently in order to collect the compensation you need. There are four primary parts of proving negligence. We must collect and present evidence to show:
- The liable party had a certain responsibility to keep you safe;
- They failed in this responsibility, causing an accident;
- You suffered a brain injury in this accident; and
- This caused you to suffer actual damages.
For example, if your brain injury happened in a Miami car accident, we would need to prove the other driver broke the law, caused the accident, and that your injuries occurred during the crash. To do this, we would obtain the police report, interview eyewitnesses, request any surveillance video of the crash, get a copy of your medical records, call in an accident reconstruction team, and provide proof of all your accident-related expenses.
How can a lawyer help me file a claim?
Traumatic brain injuries are expensive to treat. Having enough cash on hand can improve the quality of life for both the victim and every member of their family. If you are like most families affected by a brain injury, you have a pile of bills for medical treatments, rehabilitation, and specialized therapies to help your loved one regain independence. If you cannot afford to pay these bills out-of-pocket, making ends meet is difficult.
This is where a lawyer is vital. We can almost always help our clients collect more compensation through their claim than they could get on their own without our counsel. We handle every aspect of your insurance claim so you can focus on helping your family recover.
We have experts who can help us determine the full value of your claim and put a price tag on the future care needs of your loved one. We can also collect the evidence necessary to prove negligence and use it to support our settlement negotiations from the liable party or their insurance company. With us on your side, you can rest comfortably knowing we will fight aggressively for the maximum compensation available in your case.
Contact the Law Firm of Anidjar & Levine today for a free case evaluation.
At the Law Firm of Anidjar & Levine, our lawyers understand the complexities of these claims and how future care costs can dramatically affect their value. Call us today at 800-747-3733 to schedule your complimentary consultation and case analysis with a Miami brain injury attorney.