Traumatic brain injuries are a leading cause of accidental death in the U.S. For those victims who survive the accident, however, life may never return to normal.
Whether a brain injury results from a car crash or another type of accident, you deserve financial compensation.
A lawyer can protect your legal rights and help you obtain compensation for your medical care, lost income and other damages. The Law Firm of Anidjar & Levine can help you navigate the complicated legal process of filing a brain injury claim. Contact us today at 800-747-3733 to speak to an experienced brain injury lawyer in Naples.
How Does a Brain Injury Affect the Victim?
Brain injuries frequently result from accidents that cause a severe jolt, from a blow to the head, or from an object that penetrates the skull. Unfortunately, many victims never recover from their injuries.
A severe brain injury often requires extensive medical care, possibly for the entire course of the patient’s lifetime. Many patients cannot live at home without a caregiver or even tend to their own personal needs.
In the United States, brain trauma accounts for almost a third of injury-related deaths, according to the U.S. Centers for Disease Control and Prevention (CDC). These injuries caused more than 50,000 deaths in 2013—the most recent year data is available. In addition to these fatalities, brain injuries required 2.5 million visits to the ER and more than 280,000 hospital admissions.
The CDC lists some of the most common causes of brain injuries in the U.S., including:
- Passenger vehicle crashes;
- Motorcycle accidents;
- Commercial trucking accidents;
- Slip and fall accidents;
- Instances where an object strikes a victim; and
- Assaultor other violence.
No matter how your brain injury occurred, our lawyers can help. We will investigate the cause of your injury and calculate the damages you have suffered because of it.
Why Is a Brain Injury So Damaging?
Head trauma causes damage to the body’s neurological systems, which control your thoughts and movements. If the damage is severe enough, victims may lose some or all of their ability to think, feel, and function.
Many victims experience a profound cognitive or emotional shift, which may include one or more of the following side effects:
- Mood disorders;
- Behavioral changes;
- Memory loss;
- Loss of muscle control;
- Balance problems; and
- Lack of impulse control.
These severe complications are the reason why it is essential you recover fair compensation to cover your extensive losses after a brain injury.
Can a Brain Injury Lawyer Help Me Seek Financial Compensation?
If you sustained a severe brain injury because of someone’s negligence, our attorneys can help you file a claim for compensation.
Personal injury lawyers commonly work with victims of head trauma to hold the responsible party accountable. Some of the most common legal claims for brain injuries emerge from these incidents:
- Slip and fall accidents, including accidents that occur due to premises liability and owner negligence;
- Motor vehicle accidents, including car, truck, and motorcycle crashes;
- Medical malpracticecases, including childbirth, medication, and treatment errors;
- Domestic violence cases, including child or family member abuse; and
- Assault, including incidents involving guns or weapons.
We will examine the details of your accident to determine if negligence played a role in your injury. If so, we will collect the proof we need to support your claim for full compensation.
How Can a Lawyer Prove Negligence for a Brain Injury Claim?
To establish who was at fault for your injuries, we must prove the four legal elements of negligence:
- Duty of care, meaning the person responsible for your injury owed you a duty of reasonable care;
- Breach of duty, which means the responsible party breached their duty to you;
- Causation, meaning the breach of duty caused your accident and that accident caused your brain injury; and
- Damages, or the actual monetary losses you suffered because of your injury.
In most cases, proving negligence requires providing strong evidence to support your claim. We may call on doctors and neurological experts, safety experts, accident scene reconstruction professionals, or other subject matter experts to provide testimony in support of your claim.
What Is the Value of My Claim?
To determine the value of your claim, we will first collect information about your injury and tally the amount of your damages to date. This typically includes your doctor and hospital bills, care costs, lost wages, and any other actual damages.
To arrive at a total for your claim, we will then calculate the expected cost of future care, including medical treatment, any necessary therapy or rehab, the cost of hiring long-term caregivers, and the cost of purchasing assistive devices or equipment. We will also include your future lost earning potential, pain and suffering, and the loss of life’s enjoyment—or hedonic damages.
For any permanent disability that you or your loved one sustained, we will use case law as precedent to establish a monetary value.
We will include this total value when we file an insurance claim with the at-fault party’s insurer. We will then negotiate directly with the insurer to get you fair compensation for your brain injury.
Let the Law Firm of Anidjar & Levine Help With Your Brain Injury Claim.
It is essential you contact the Law Firm of Anidjar & Levine as soon as possible after your accident. Florida law limits the amount of time you have to file a lawsuit after a brain injury. Depending on the cause of your accident, the statute of limitations may be anywhere from two to four years from the date your injury occurred. It is essential you preserve your right to file suit. Even if our lawyers do not take your case to court, maintaining your right to sue can convince the insurance company in your case to settle for a fair amount.
Our attorneys provide compassionate legal representation for individuals and families suffering from head trauma. We will protect your legal rights while aggressively pursuing the financial compensation you deserve for your injuries.
We offer a complimentary consultations and case reviews for head injury victims to help you better understand your options under the law. Contact us today at 800-747-3733 to speak directly with a brain injury lawyer in Naples.