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 many 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 Offices of Anidjar & Levine can help. We will look at 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 today to schedule a free, no-obligation consultation with a West Palm Beach personal injury lawyer.
Do I Qualify to File a Brain Injury Claim in Florida?
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 can 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.
The Negligent Party Owed You a 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.
The Defendant Behaved Negligently
Next, we will prove the defendant breached his duty of care by acting in a negligent or careless manner, such as by texting while driving.
The Defendant’s Carelessness Caused Your Injuries
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.
You Suffered Damages
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.
Types of Brain Injury Claims Our Lawyers Handle in West Palm Beach
We have helped clients with a variety of 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:
- West Palm Beach Car accidents and truck accidents
- Motorcycle and 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
- Workplace and industrial accidents
Our team provides warm and professional support after any of these accidents. You can count on us to go the extra mile, handling all your legal concerns so you can focus on getting better.
Examples of Brain Injuries in West Palm Beach
Our team provides dedicated support regardless of the type of brain injury you sustain in West Palm Beach. Many brain injuries fall under the categories of traumatic brain injuries (TBIs).
According to Johns Hopkins Medicine, TBIs occur when sudden external pressure causes damage to the brain. These injuries can be confined to one area or impact multiple areas of the brain. Most TBIs are closed brain injuries, which means they do not result in a break in your skull.
You may also experience a penetrating brain injury, which involves damage directly to the skull. Doctors also use the term open head injury to describe these wounds.
We focus on your specific diagnosis and providing you with personalized care if you’re dealing with a:
Concussion
A concussion represents an example of a closed brain injury. Concussions are one of the most common head injuries around the country. Patients may experience a concussion if their brain gets shaken or jarred to such an extent that it bounces against the skull. You may experience a mild or severe concussion.
Contusion
Some patients experience a contusion or a bruise on their brain. Patients with contusions often experience swelling that requires immediate medical attention in West Palm Beach.
Hematoma
You may experience an intracranial hematoma (ICH) after an accident in West Palm Beach. This kind of injury involves bleeding around your brain. Medical professionals classify hematomas as mild, moderate, or severe, with different levels requiring different amounts of care.
Skull Fracture
A skull fracture represents a kind of penetrating brain injury. Generally, only very serious accidents result in a skull fracture, as the skull is one of the stronger bones in the human body.
We can provide you with more information about these injuries when you contact us for assistance.
What Types of Damages Can I Collect Through a Brain Injury 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
- Reduced quality of life
Can You Help Me with My Florida 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
- Protect your rights during the claims and litigation process and advocate for your best interests each step of the way
You do not have to try to handle your legal needs on your own after an accident.
Move Quickly to Handle Your Brain Injury Claim in West Palm Beach
Florida limits the amount of time you have to file a claim after an accident leads to a brain injury in West Palm Beach; under Florida Statutes § 95.11(3)(a), you can expect to have around four years to file a personal injury claim.
Some individuals receive more or less time to resolve their claims. Your personal injury lawyer can help you determine exactly how long you must proceed with legal proceedings after an accident.
Our team supports you from the time you reach out to us until the resolution of your claim. We offer frequent updates on your case, answer any questions you have, and quickly respond to all emails and phone calls.
Our Lawyers Want to Help You 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 Offices 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 to learn more.
We Can Help.
