Brain injuries can be very devastating for any individual or family to deal with. If you or a loved one have recently been injured as a result of someone’s negligence that’s resulted in a brain injury, you could be entitled to seek compensation.
Our firm has the practice and expertise to help you file your claim, recover damages, and seek justice against the person who caused this devastation. Here is a guide to help you navigate your brain injury case and know what to expect.
What Is a Brain Injury Case?
A brain injury case is a legal claim you can file if someone else is responsible for the injury you or a loved one has experienced. No matter who is liable for the injury or where it occurred, these cases can be very complex and detailed due to their criminal and medical nature.
When you file a legal brain injury case, you are filing under personal injury. Personal injury is a legal term that states someone has experienced harm or injury due to someone else’s negligence. If your brain injury results from someone else’s intentional act, it will fit under personal injury, where you can seek compensation for your injuries and other losses.
Since brain injuries are so complex, hiring a West Palm Beach Personal Injury Lawyer will be beneficial so that they can review your claim and give you the best legal advice on how to proceed.
Why Are Brain Injury Cases Difficult?
Sometimes, brain injuries can be challenging to prove due to an accident or criminal act since some TBI symptoms can develop later. It can also be difficult to prove there is an existing TBI unless there are medical records to prove it.
Another reason brain injuries can be challenging to prove and lengthy in their timeline is that the symptoms can affect the victim and their memory. A person who has suffered a mild or significant TBI may have poor memory of the accident or be dealing with symptoms that affect their ability to remember the sequence of events.
Timeline for Filing Ability
How long you have to file a brain injury case in Florida varies on your circumstance and who you are. If you are a family member of the person associated with the brain injury and they have passed away from the accident, you have two years from the date of the accident to file a claim.
If you are the injured person or family member of the injured victim who is still alive, you have four years from the date of the injury to file your case.
These cases are very complex since they can have a lot of fragile elements, including wrongful death or criminal charges to add to your lawsuit. Cases as complex as these should be filed as soon as possible since claims filed later than the deadline or after are usually dismissed or not taken seriously.
Brain injury claims are case-specific, so the best thing to do for your position is to contact an attorney immediately so they can make you aware of your rights.
Steps for Filing a Brain Injury in Florida
It is not an easy task to file a brain injury in Florida without the help of an attorney. Here are the steps in the filing process so you know what to expect in your claim.
1. Speak to an Attorney
The first thing you should do in any brain injury situation is to find the right attorney to work with. One with the experience and background in handling similar cases is valuable to help you seek compensation and accurately review all evidence in your claim.
2. Understand Your Rights
The best part about hiring an attorney is understanding your rights and position in this claim. An attorney can help you look at your medical records and how the injury came about to give you the best advice about how to proceed and what you can expect to get out of your insurance or lawsuit claim.
3. File for Insurance
Your health insurance might be able to help and cover a portion of your medical bills or treatments, but one thing to keep in mind with insurance is that they are not as helpful as they advertise. Your attorney can help you file your insurance claim and negotiate a fairer settlement to help cover the costs associated with your injury.
4. File Your Lawsuit
Your attorney can also help you file your lawsuit against the defendant. They will be responsible for drafting your papers to serve to the defendant and speaking on your behalf throughout the process.
5. Try for a Settlement
As your case begins, your attorney will try to reach a settlement with the defendant. If they disagree, your case can go to court, where a jury will decide your earnings.
How Much Can You Recover in Brain Injury Cases?
A person seeking to recover damages in a Florida brain injury case can seek to recover substantially in damages. Typically, since brain injuries deal with a very fragile area of the body, these claims can see an upward of hundreds of thousands of dollars in compensation, especially if your claim is because of a criminal act or the injury is extensive.
If you file a brain injury case, here are some of the damages you can seek to recover in compensation:
- Medical bills associated with the injury (past, present, and future expenses)
- Lost wages from time off work
- Treatments, surgeries, and medicines
- Long-term medical care
- Property damages (if the accident occurred in a car accident or other similar scenario)
- Loss of enjoyment of life
- Pain and suffering
- Physical or mental anguish
Speak to Frankl Kominsky Injury Lawyers
Ready to file your claim? Contact the law office of Frankl Kominsky Injury Lawyers today. We are a firm helping those in the West Palm Beach, Florida, area file their brain injury claim and seek compensation (by appointment only).
Our time practicing has led us to know how we can help you with your insurance and lawsuit to seek a fair settlement and receive the help you need during this difficult time. We understand how difficult these times can be, so it’s our mission to do everything we can to help you succeed.
If you’re ready to work with a highly awarded attorney, call our firm at (561) 800-8000 or fill out our online form to schedule your free consultation. Our consultations allow you to meet face-to-face with one of our attorneys and ask all your questions regarding your case. You will hear how we can help your claim and the resources we use.
Please bring with you the following documents and materials for your consultation:
- Insurance information
- Copy of police report (if you have a copy)
- Medical records
- Medical bills
- Any other relevant information
Don’t hesitate any longer to reach out to Frankl Kominsky Injury Lawyers. Let us begin fighting for you today.