Miami Traumatic Brain Injury Lawyer
Victims of an accident that left them with a traumatic brain injury may not realize the severity of their injuries until days, or even months, have passed. Even if you were not struck directly in the head or did not lose consciousness, you may still have suffered a brain injury with serious lasting effects. If your brain injury was the result of someone else’s negligent actions, you may be able to hold them legally responsible for your injuries and the costs associated with your recovery.
A Miami brain injury lawyer will be able to determine exactly what types of recovery may be available to you after an examination of the specific circumstances leading to your injury, and will then help you to pursue the legal relief to which you are entitled. An experienced injury attorney will best be able to build your case.
A traumatic brain injury (TBI) can be caused in a number of different ways, although they are commonly the result of a car or motorcycle accident. The most well-known form of traumatic brain injury is a concussion, which may have lasting effects beyond an initial loss of consciousness. Serious brain injuries can occur in a variety of ways, including:
- Whiplash as the result of a car accident
- Blunt force impact during a pedestrian or motorcycle accident
- Falling and striking one’s head
- Medical malpractice
Elements of a Claim
In order to recover from the party responsible for a traumatic brain injury, plaintiffs will have to prove that they were owed a duty of care, and that that duty was breached. The legal requirements to hold another party liable will vary depending on the circumstances surrounding the accident that led to the injury. In a vehicle or pedestrian accident situation, plaintiffs will need to present evidence proving that the party responsible for their injury was acting negligently, or failing to use due care at the time of the accident, and that the injury occurred as a direct result of their negligence.
In situations in which a brain injury was the result of tripping or falling on someone else’s property, claimants will need to prove that the property owner negligently allowed a dangerous condition to remain on their property, and that this condition was the direct cause of the injuries. If individuals are seeking to recover for their injury from the person responsible, they will need to begin gathering evidence immediately to ensure that the individual or their traumatic brain injury attorney in Miami can prove all the legal elements of the claim. Claimants may also need to obtain expert testimony from medical professionals to assist the court in determining the exact cause of the brain injury.
Depending on the specific circumstances leading to an injury, different statutes of limitations may apply to each case. Florida’s statute of limitations states, if an injury was caused by blunt force trauma during an accident of some kind, the injured party is typically required to bring their claim within four years of the date on which the accident occurred.
However, if a person believes that their brain injury was the result of medical malpractice, which can occur while receiving medical care in the immediate aftermath of an accident, the statute of limitations is only two years. Different circumstances specific to a person’s injury will require them to fulfill different legal requirements before filing a claim for recovery, and must be determined on a case-by-case basis. A Miami TBI attorney will be able to assist clients in ensuring that they abide by all applicable deadlines in their case.
If a person has suffered a severe traumatic brain injury, their life may never be the same. As a result of the lasting and serious effects of these types of injuries, victims of brain injuries may be entitled to recover substantial amounts that are not available in a typical personal injury claim. In addition to recovering monetary amounts to compensate claimants for the reasonable medical expenses related to their injury, as well as for pain and suffering, people may also be entitled to recover for loss of enjoyment of life. This is meant to compensate people for the inability to participate in activities that they previously enjoyed as a result of their brain injury.
Injured individuals may also be able to recover for their lost wages during their recovery period, as well as for future lost wages, if an injury permanently prevents them from returning to work.
Contacting an Attorney
It can often be hard to determine the severity of brain injuries immediately following an accident. Early mild symptoms can be misleading, and the full degree of the injury may not be discovered until later. Because of the various legal deadlines that apply to these types of claims and the transient nature of the evidence you will need to present to prove the elements of your claim, it is important to contact an attorney as soon as possible if you have suffered a brain injury.
Miami brain injury lawyers have experience in bringing these types of claims and are familiar with the changing medical landscape regarding brain injuries, including how new medical discoveries may affect your ability to obtain legal relief.