If you or a loved one has suffered a traumatic brain injury due to someone else’s negligence, you may have grounds to file a lawsuit. Traumatic brain injuries can be incredibly debilitating, and medical treatment and long-term care costs can be astronomical. Filing a personal injury lawsuit can be a complicated process, so it’s essential to understand your legal rights and options before taking any action. Contact GOLDLAW today for assistance.
What is a traumatic brain injury?
A traumatic brain injury (TBI) is a blow or jolt to the head that disrupts the brain’s normal function. TBIs can range from mild—such as a concussion—to severe, leading to coma or even death.
Common Causes of Traumatic Brain Injuries
Traumatic brain injuries can occur in a wide variety of ways in and around the Port St. Lucie area of Florida. At GOLDLAW, our personal injury team has extensive experience helping clients who have been harmed due to the following types of incidents:
- Car accidents
- Commercial trucking accidents
- Bicycle accidents
- Pedestrian accidents
- Motorcycle accidents
- Slip and fall incidents
- Workplace accidents
- Construction incidents
This is not a complete list of the types of incidents that lead to traumatic brain injuries in Port St. Lucie. If you or a loved one have been injured due to the negligent actions of another individual or entity in this area, we encourage you to reach out to a member of our team who can help walk you through your next steps.
Symptoms of TBI
The symptoms of a TBI can vary depending on the severity of the injury but may include the following:
- Tinging in the ears
- Blurred vision
- Nausea or vomiting
- Slurred speech
- Changes in mood or behavior
- Memory or concentration problems
How Do I Know if I Have a Traumatic Brain Injury Case?
To file a successful TBI lawsuit, you must prove that someone else’s negligence caused your injuries. For example, this could be another driver in a car accident or a doctor who failed to properly diagnose a concussion. You will also need to demonstrate that your injuries have had—or are expected to have—a negative impact on your life, including your ability to work and earn an income. An experienced personal injury lawyer will be able to help you assess your case and determine whether you have grounds to file a lawsuit.
Benefits of Filing a Traumatic Brain Injury Lawsuit
While every situation is unique, and there is no guarantee that you will receive a favorable outcome, there are potential benefits to taking legal action.
1. Seeking Compensation for Your Injuries
One of the main reasons people file personal injury lawsuits is to seek financial compensation for their injuries. This can include medical expenses, lost wages, and other damages. If your TBI has left you with significant medical bills or has prevented you from returning to work, filing a lawsuit may be your best option for obtaining the compensation you deserve. In some cases, punitive damages are available as well.
2. Holding Negligent Parties Accountable
In some cases, filing a personal injury lawsuit may also be about holding the negligent party accountable for their actions. Legal action can signal that this type of behavior will not be tolerated.
3. Preventing Future Accidents
Taking legal action after suffering a TBI can also help prevent future accidents. For example, if a defective product caused your accident, filing a lawsuit may compel the manufacturer to issue a recall or take other measures to prevent future injuries.
Damages Available for a Traumatic Brain Injury Claim in Port St. Lucie
The goal of our traumatic brain injury lawyers in Port St. Lucie is to recover the compensation that our clients need to be made “whole.” Being made “whole” involves a range of types of compensation, including both economic and non-economic damages.
Economic damages associated with a brain injury claim involve the calculable costs related to the incident. Calculable damages revolve around looking at receipts and invoices that a person receives that can help factor in all current medical expenses as well as possible future medical bills related to the injury. A more complete list of economic damages includes:
- Emergency medical bills
- Physical therapy and rehabilitation costs
- Medical devices or prescription medications
- Lost wages if an individual cannot work
- Loss of future earnings in case of a disability
- Property damage expenses
- Various household out-of-pocket expenses are rising due to the injury
Non-economic damages revolve around expenses that are not as easily calculable because they will not necessarily have receipts, invoices, or estimates involved. However, these types of damages are critically important for a traumatic brain injury victim. Specifically, this seeks to recover compensation for a victim’s:
- Loss of enjoyment of life
- Physical pain and suffering
- Emotional and psychological pain and suffering
- Possible loss of consortium damages for a spouse
How Much Compensation is Available?
There is no set amount of compensation paid to traumatic brain injury victims if their claim is successful. Rather, there are various factors that can affect the overall compensation amount. These factors include:
- The severity of the traumatic brain injury
- How successful the recovery and rehabilitation is
- The level of any cognitive or physical disability (if any)
- Total amount of lost wages
- Documentable level of pain and suffering
- Whether or not there was any shared fault for the incident
- Overall insurance limitations
No two brain injury claims are exactly alike. We encourage all brain injury victims to engage in conversations with their attorney about how much compensation they could expect to receive if the claim is successful.
Proving Liability After a Brain Injury Occurs
Determining liability after a brain injury occurs can be challenging. The standard in these cases is examining whether or not the alleged at-fault party was indeed “negligent.” Negligence has a specific set of elements that must be present in order for the claim to move forward:
- Duty. The first step is to show that there was a duty of care owed by the defendant (the person who allegedly caused the injury) to the plaintiff (the injury victim). Depending on how the injury occurred, the duty of care may look different. For example, if the brain injury was caused by a vehicle accident, then the duty of care owed by a driver to others around them will be examined. However, if the brain injury occurred due to the negligent actions of a property owner, then we will have to examine premises liability law to determine whether the property owner upheld their duty of care.
- Breach. If there was indeed a duty of care established between the plaintiff and the defendant, then it will need to be investigated to see if there was a breach of duty involved. The breach of duty will vary depending on the circumstances. Looking at the previous example, a driver can breach their duty of care in a number of ways, including failing to stop at stop lights or a stop sign, driving while impaired, distracted driving, etc. Property owners can breach their duty of care if they fail to fix any known hazards on their premises or if they fail to warn guests about possible hazards.
- Causation. After showing that there was a breach of duty on the part of the defendant, it must be shown that the breach of duty directly led to the injuries the plaintiff sustained.
- Damages. Finally, there must be some sort of monetary loss suffered by the plaintiff in order for the claim to move forward.
Actually determining liability after these types of incidents involves extensive investigations. There are various types of evidence that an attorney will use to help prove these four elements of negligence. This evidence can include, but is not limited to, photographs or video surveillance from the scene of the incident, statements from eyewitnesses, information available from accident reconstruction experts, testimony from medical experts, and more.
How Much is a Brain Injury Lawyer?
Affording a traumatic brain injury lawyer can seem like a daunting task, but the reality is that legal assistance is more affordable than you think. At GOLDLAW, our team proudly handles brain injury claims in Port St. Lucie on a contingency fee basis. This means that injury victims will not have to worry about paying any legal fees until after we successfully recover the compensation they need. Any legal fees will be an agreed-upon percentage of the final settlement or jury verdict, but victims will pay nothing if we are not successful with their claim.
Three Reasons to Choose GOLDLAW for Your Traumatic Brain Injury Claim
When you’ve been injured in an accident, the last thing you want to worry about is finding the right lawyer to handle your claim. But with so many options, it can be tough to know where to turn. That’s why we’ve put together this list of three reasons why you should choose GOLDLAW to handle your TBI claim.
1. We specialize in personal injury claims, including TBIs
We have experience specifically with TBIs, so we’re uniquely qualified to handle your claim.
2. We’re always available to answer questions
One of the most frustrating things about working with a lawyer can be trying to get in touch with them when you have a question or concern. At GOLDLAW, we understand how important it is to stay in communication with our clients. That’s why we make ourselves available 24/7 to answer any questions you may have about your case.
3. We understand what you’re going through
The attorneys at GOLDLAW have helped countless people through this exact situation. We understand what you’re going through, and we’re here to help in any way we can.
If you or someone you know has been injured in an accident, call (561) 222-2222 or contact GOLDLAW today for a free consultation.