Brain injuries occur in a wide variety of ways and can have drastically different results for the victims and their families. However, all of them have the potential to be devastating. When this type of life-changing injury occurs because of someone else’s reckless or unreasonable actions, it only makes the situation more difficult.
At the Law Firm of Anidjar & Levine, we are ready to help. Florida law allows us to take legal action to hold the negligent party responsible for your or your family member’s brain injury. We can hold them financially responsible for your medical bills, lost wages, pain and suffering, and other accident-related losses.
Our team of South Florida brain injury attorneys is ready to go to work for you. Contact us to learn more about your legal options for compensation. We offer free case reviews and handle claims on a contingency fee basis. You pay nothing unless we win your case. Call 800-747-3733 to speak to a brain injury lawyer in Port Charlotte today.
How Does Negligence Cause Brain Injuries?
While not all brain injuries occur because of someone else’s careless or negligent behavior, negligence can play a role in almost any type of brain injury accident.
Slips, Trips, and Falls
We generally think of falls as minor accidents that require little more than a few Band-Aids or maybe an ice pack. However, falls are a leading cause of head injuries and traumatic brain injuries. It is easier than you probably realize to hit your head during a fall. If a fall occurred because a property owner failed to eliminate a hazard or properly warn you of it, we can often hold them responsible for your injuries based on Florida’s premises liability laws.
Car, Motorcycle, and Truck Crashes
Florida’s no-fault auto insurance law limits your ability to file a tort claim based on a car accident unless you meet the serious injury threshold. However, many brain injuries cause permanent impairments that surpass this threshold. If you suffered a permanent brain injury in a crash a negligent driver caused, we can likely file a car insurance claim or civil lawsuit to recover compensation based on the value of the damages you suffered.
While boating accidents may not be at the top of the list for brain injury causes in other parts of the country, we see many of them in South Florida. If another boater acted negligently—including ignoring safe practices or operating the boat while drunk or distracted—and this caused your injuries, we can most likely file a claim for compensation or take them to court to recover money to pay your medical bills, lost wages, and other losses.
Negligence can also encompass intentional acts like shootings, stabbings, and assaults. The perpetrator in these cases usually faces criminal charges, but this does little to help pay for your medical care and other expenses. For this reason, we can pursue a civil case against them as well. This allows us to recover compensation for your damages. It is also important to note that we can often win a civil case even if they win the criminal case. The burden of proof is much higher in a criminal case than in civil court.
There are also a number of other negligence accidents that can result in serious brain injuries. This may include medical negligence, defective products, and even swimming and diving accidents. If you believe negligence played a role in causing your brain injury or the brain injury of a family member, call us today. We may be able to identify the liable party and hold them responsible for your injuries and accident-related losses.
How Can I Recover Compensation for My Brain Injury?
Brain injury cases can be complex because of the number of laws and statutes that could apply in any given case. We have won these cases based on car accident laws, premises liability, medical malpractice, and strict liability statutes, among others. We can help you identify the at-fault party, explain the applicable laws, collect the necessary evidence, and file a claim on your behalf.
To win this type of claim, we must:
- Prove the liable party had a responsibility to protect you or act in a way that posed no harm to you;
- Show they caused you to suffer injuries, usually using eyewitness testimony and your medical records;
- Document your damages by collecting all related bills and receipts; and
- Fight for the full value of your claim based on the details of your case.
Usually, our claim launches settlement negotiations with the insurance company or lawyer representing the at-fault party. We can often recover compensation during this process. If not, we can use our extensive courtroom experience to your advantage. We are not afraid to take on any defendant and will take your case to court if they refuse a fair settlement.
What Types of Damages Can I Recover?
In most of these claims, we collect two types of damages: economic and non-economic. Economic damages include:
- Current medical bills;
- Lost wages;
- Ongoing and future care costs;
- Loss of income if you cannot return to work;
- Property damage; and
- Other injury-related expenses.
Non-economic damages are sometimes known as pain and suffering damages. These are emotional damages that occurred because of your accident and injury. If you or a loved one suffer from permanent impairments because of your brain injury, the value of these damages can be significant.
There is an additional type of damages we can request if we have to take your case to court: punitive damages. The judge may opt to award punitive damages if the at-fault party acted intentionally or was particularly careless. Punitive damages are not meant to cover your losses. Instead, the court system uses them to discourage similar incidents in the future.
How Can I Talk About My Case With a Brain Injury Lawyer in Port Charlotte?
At the Law Firm of Anidjar & Levine, we can help you recover the compensation you deserve if you suffered a brain injury because of someone else’s reckless, careless, or unreasonable actions. Call us at 800-747-3733 to schedule your case review. Let us get started on getting you the payout you need today.