Traumatic brain injuries can happen after any kind of harsh trauma to the brain, such as a blow to the head, an object piercing the head, or a sudden force or collision. They cause devastating damage to victims and are much more common that most realize. Every year, millions of Americans sustain brain injuries, more than half of which are the result of auto accidents, according to the U.S. National Library of Medicine.
The results of suffering a brain injury range from mild concussions to severe brain damage and death. They are complex injuries that cause a myriad of physical, cognitive, and psychological symptoms and can manifest in each person differently. Moderate to severe brain injuries require extensive care, lead to disability, and impact every aspect of the victim’s life.
If you or a loved one recently sustained a brain injury due to another party’s negligence, the Law Firm of Anidjar & Levine can help. We will look at the details of how your injury occurred to determine if you qualify for compensation. We will handle the claims process from start to finish, so you can focus on your health and well-being. Call 800-747-3733 to schedule a free, no-obligation consultation with a brain injury lawyer in West Palm Beach.
Do I qualify to file a brain injury claim?
Florida statutes provide protections for victims who suffer injury at the hands of others. If another person’s carelessness, negligence, or purposeful misconduct caused you harm, you have the right to take legal action against the responsible party to recoup your associated losses and expenses.
This is a complicated process, but we can help. To open a brain injury claim and recover damages on your behalf, we must be able to prove the defendant’s negligence by showing that the following four elements were present in your case.
Duty of Care
We must first show that the defendant owed you a duty of care. This means he had a legal duty to act in a reasonably safe manner so as not to put you at risk of harm. For instance, drivers owe all other road users a duty of care and must drive in a safe manner, obeying the rules of the road.
Breach of Duty
Next, we will provethe defendant breached his duty of care by acting in a negligent or careless manner, such as by texting while driving.
We will also provide proof that the defendant’s negligence caused your injuries. In the above example, we would show that his distracted driving directly caused your crash.
Finally, we will offer evidence showing the harm you sustained as a result of the accident. We will use medical records and other documentation to prove that you deserve compensation for your brain injury.
What type of brain injury claims does the Law Firm of Anidjar & Levine handle?
We have helped clients with a variety claims win maximum compensation for their financial, physical, and emotional losses. We are passionate about helping victims and their families hold the responsible parties liable for the harm they have caused.
Brain injuries can occur in a variety of ways, including:
- Car crashesand truck accidents;
- Motorcycleand bicycle accidents;
- Medical negligence, including surgical or diagnostic mistakes;
- Child injuries, such as playground accidents, defective toys, or malfunctioning baby items;
- Labor and delivery mistakes;
- Criminal injuries;
- Slip and fall accidents;
- Injuries resulting from hazards in public places, such as falling merchandise or a dangerous display in a store; and
- Workplace and industrial accidents.
What types of damages can I collect with my claim?
Calculating damages for a brain injury case is a complex undertaking. We will look at your bills, receipts, and employment records to determine a valid estimate of your damages so far. We will also turn to medical and economic experts for the value of your future losses.
We will seek compensation for all of your losses related to the accident, including:
- Medical bills;
- Rehabilitation and therapy;
- Loss of wages, loss of earning capacity, and loss of work benefits and perks;
- Household services;
- Assisted living and in-home care;
- Emotional damages like pain and suffering; and
- Reduced quality of life.
How do I proceed with a brain injury claim?
The first step before opening an insurance claim or taking legal action is to discuss your case with one of our lawyers. The meeting is free and we do not charge legal fees until we win your case, so there is no risk to you. During the meeting, we can explain your options given your unique circumstances and advise on how best to proceed.
When managing your case, we will:
- Investigate the facts of the case and determine which party is liable;
- Gather evidence that proves liability as well as demonstrates your damages;
- Open the claim on your behalf with the appropriate insurance company;
- Review your medical files and speak to experts—including primary care doctors, neurologists, parapsychologists, behavioral therapists, physical therapists, and speech therapists, to get clear testimony about the nature, extent, and ramifications of your injury;
- Submit a comprehensive list of damages to the insurer and demand appropriate compensation;
- Share any offers the insurer provides with you and negotiate for a larger sum, if necessary;
- Take your case to court if we cannot reach a fair agreement; and
- Protect your rights during the claims and litigation process and advocate for your best interests each step of the way.
Call our office today and get the compensation you deserve.
Sustaining a brain injury could mean exorbitant medical bills and long-term disability, not to mention the serious impact the injury will have on your family life, career, personality, sense of well-being, and overall daily functioning. It is vital to explore all your legal options and exhaust all resources for compensation to meet your future needs.
At the Law Firm of Anidjar & Levine, we want to help you recover. Let our team of caring, determined brain injury lawyers in West Palm Beach fight for full and fair recompense on your behalf. Contact us today at 800-747-3733 to learn more.