In Gainesville, FL, many victims of an accident or act of violence end up with brain injuries. Mayo Clinic states that depending on the severity, brain injuries can have symptoms such as memory loss, lack of coordination, and even seizures. The treatments and rehabilitation efforts could cost you a lot of money.
Fortunately, a Gainesville brain injury lawyer could work with you in recovering from your brain injury expenses. Let our Gainesville personal injury team look first at the different laws and aspects of getting a settlement that an attorney can help you with.
Proving Your Brain Injury After a Personal Injury Accident in Gainesville, FL
When filing a brain injury action against someone, you must first prove that you suffered from a brain injury. You also need proof that the other party either:
- Acted negligently, thus leading to an accident that hurt you
- Intentionally hurt you, such as in a crime
- Holds strict liability for the cause of your injury, such as a defective product
Your lawyer can help you collect evidence such as medical records, camera footage, and eyewitness testimonies. Moreover, since there are many possible causes behind brain injuries, different laws could apply to your situation. Our attorneys study these statutes to determine how the other party is at fault.
For example, suppose your injury resulted from a slip and fall inside a Gainesville establishment. Your attorney could check if the business is at fault under the premises liability rules in Florida Statutes § 768.0755. However, if you got hurt in a car accident, we would look into the state and local motor vehicle and traffic regulations instead.
Damages You Could Recover in Brain Injury Actions
Your brain injury lawyer can analyze your costs and the degree of your brain injury to establish your potential damages. There are generally two types of damages in an injury settlement: economic and non-economic losses.
Economic Damages
These refer to the expenses you might accrue due to the brain injury, including hospitalizations, doctor’s appointments, treatments, and medications. In addition, if you were unable to work or manage your business, you could also recover your lost earnings.
It is crucial to compile as many records of your brain injury-related expenses as possible to get a more precise estimate of your case’s value. The amount you get here will also affect your non-economic damages.
Non-Economic Damages
Non-economic damages reimburse you for the pain and suffering caused by your brain injury. There is no specific formula for calculating the compensation. However, claims adjusters and judges frequently employ a multiplier technique.
This is when a predetermined sum increases your economic losses based on the severity of your brain injury. The multiplier will most likely be greater if your symptoms are severe.
How Comparative Fault Affects Your Brain Injury Settlement
According to Florida Statutes § 768.81, your recoverable damages might get reduced if you are partly responsible for your brain injury. The percentage deducted will depend on the fault shared.
For instance, let us say that you got your brain injury in a slip and fall accident inside a store. While the business is 65 percent liable for not removing the hazard, you are 35 liable for running on the premises. That means you would only be able to get 65 of your total damages.
Brain Injury Compensation Options in Gainesville After an Accident
Depending on the circumstances around your Gainesville brain injury incident, you might file an insurance claim or an injury lawsuit to recover compensatory damages. Your lawyer can review your situation to advise you on the more suitable option. They can also represent you when dealing with the insurance company or attending court proceedings.
Filing Insurance Claims
Injured parties, including brain injury victims, can typically file a liability claim with the at-fault party’s insurance provider. Liability coverage will help cover a victim’s injury expense if the policyholder causes an accident.
For example, if a private citizen caused your brain injury, you could check if they have homeowners insurance, which usually includes liability coverage. Meanwhile, businesses may carry liability insurance if their employees’ negligence harms customers.
The at-fault party’s insurer will not likely take your side, as this means they have to pay a higher amount. They might even try to downplay their client’s fault in your brain injury and offer a low settlement amount. However, your lawyer can help you negotiate better terms. You may also file claims with your health insurance provider to help get more expenses covered.
Take A Brain Injury Lawsuit To Court
There are some instances where your lawyer might advise you to take a brain injury lawsuit to court instead. For example, the liable party might be uninsured, or their liability coverage is insufficient. In addition, insurance companies generally do not cover policyholders who injure others intentionally.
Like other injury cases, your brain injury lawsuit is under the jurisdiction of the county where you got hurt. As your injury occurred in Gainesville, you must bring the suit to Alachua County’s civil court. It will decide the amount you can receive from the liable party.
An injury lawsuit may take multiple court proceedings to reach a verdict, but the brain injury lawsuit can guide you throughout the litigation process.
Complying With The Statute Of Limitations Is Important In A Brain Injury Case
Your Gainesville lawyer can also help you comply with your filing requirements, including the statute of limitations. Your brain injury case follows the same time limits as other injury suits throughout Florida. That means you generally have up to four years to file your case under Florida Statutes § 95.11.
Compliance is a must, as late case submissions automatically get rejected. However, the attorney can check if you have any tolling exceptions which could move your deadline. For example, if you are filing a brain injury case on behalf of your child, you would have seven years to file, not four.
We Can Provide Legal Assistance In Gainesville After Brain Injury Incidents
Brain injuries can be costly to recover from, but you have the right to seek damages from the party at fault. The Law Offices of Anidjar and Levine are here to provide legal guidance for brain injury victims in Gainesville. We have years of experience serving throughout Florida and will always be ready to use our knowledge to help with your dispute.
Secure your free case assessment with us by sending the injury details on our website. We can also cater to your car accident, slip and fall, or work injury concerns 24/7. So, you may call us anytime.
We Can Help.
