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Learning to live with a traumatic brain injury takes time. These injuries can rob their victims of their ability to speak, eat, and take care of themselves on a daily basis. If you’ve endured a traumatic brain injury due to someone else’s negligence, you may rightfully feel as though part of your life has been stolen from you, even if your losses are temporary.
Florida’s traumatic brain injury attorneys understand how you feel. That’s why Viles & Beckman strives to help you connect with representatives who can help you pursue compensation for your losses after an accident. Whether you pursue your own case or a lawsuit on behalf of an injured loved one, our team can stand by you.
Negligence and Traumatic Brain Injuries
Traumatic brain injuries constitute personal injuries in the eyes of Florida law. Anyone who wants to take their concerns regarding a traumatic brain injury before a Florida civil court must indicate that their accident resulted from someone else’s negligence if they want to qualify for loss-based compensation.
Specifically, interested parties have a responsibility to compose a complaint, or a claim, that details the following information:
- The nature of the accident resulting in their traumatic brain injury
- The duty of care owed to the injured party by another body involved in said accident
- The ways in which an at-fault party violated that aforementioned duty of care
- The nature of the injured party’s accident-related losses
- The economic value of the injured party’s losses
In other words, injured parties and their traumatic brain injury lawyers must work within Florida law to bring forward evidence indicating that an allegedly-liable party engaged in reckless and/or irresponsible behavior at the time of an accident. Presenting proof of unreasonable behavior can make it easier for an injured party to demand compensation in court or negotiations.
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Your Right to a Lawsuit After a Traumatic Brain Injury
As mentioned, you need to submit a complaint to a county clerk if you want to gain the right to take legal action against the party you believe to be liable for your traumatic brain injury. Specifically, you must indicate in your complaint that you have hard evidence – from bystander input to physical debris – that alludes toward fault for your losses.
A county clerk must approve your complaint before you have the right to summon a liable party for either settlement negotiations or a traumatic brain injury civil trial. That said, liable parties may reach out to you before you submit your complaint to begin conversations about a settlement.
You can entertain these conversations, but it’s best to do so with a lawyer on hand and while you are still building your complaint. An attorney can ensure that liable parties take your losses seriously and don’t try to pull one over on you by offering you a lowball settlement. At the same time, you can continue to work on your complaint so that you might later move it forward.
Taking Legal Action on Someone Else’s Behalf
If you survive someone who suffers a traumatic brain injury and then passes away, it is natural to want to seek justice on that person’s behalf. However, Florida’s civil courts limit survivors’ right to take action on the part of a deceased individual.
The state only allows the deceased individual’s personal representative to take legal action on their behalf. If you do not fall within this role, you may not pursue civil compensation for a loved one who endured a traumatic brain injury.
That said, you can discuss a personal representative’s options with a traumatic brain injury lawyer. If your loved one failed to elect a personal representative, you can also discuss how someone might fill that role. You may even have the right to discuss a criminal case with the applicable parties. You can schedule a case consultation with applicable parties to learn more.
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Let’s Estimate the Value of Your Traumatic Brain Injury Case
When you bring a traumatic brain injury complaint forward, you need to explain to a court why you believe you’re owed damages and what the value of those damages may be. As such, you need to calculate the possible value of your case ahead of time. To do so, you need to establish values for your economic and non-economic losses.
The economic damages you can demand after a traumatic brain injury accident can include:
- Medical coverage
- At-home assistance
- Restoration of personal property
- Compensation for lost wages and/or time spent away from work
Similarly, you may have the right to request damages addressing your non-economic, or non-bill generating, losses. These losses can range from emotional distress to mental health conditions brought about by your accident.
If you’ve lost a loved one to a traumatic brain injury, you may also include loss of consortium and/or companionship in your estimate of your case’s value. In some cases, you may even hold a liable party responsible for the cost of a loved one’s funeral and lost income. You can discuss your right to these forms of compensation with a Florida traumatic brain injury lawyer.
Click To ContactWhen to File Your Traumatic Brain Injury Claim
Getting in touch with an attorney shortly after a traumatic brain injury accident benefits you on several fronts. An attorney can, for example, help you contend with police officers, insurance providers, and other parties that may try to talk you out of your right to compensation. A legal representative can also provide you with the space you need to focus on recovering.
The sooner you’re able to work with a Florida traumatic brain injury attorney, too, the more you can make of the time in which the state expects you to build your complaint. Specifically, Florida Statutes section 95.11(3)(a) states that any party interested in bringing a traumatic brain injury case before a civil judge must do so within two years of the initial accident.
It can be difficult to bring a case forward after this personal injury statute of limitations has passed. As such, you need to use every minute given to you by the state – while still affording time for your recovery. Fortunately, personal injury lawyers can help you use those two years to your advantage without putting undue stress on you or your loved ones.
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Take Action After a Traumatic Brain Injury
Negligence is the driving force behind the majority of today’s traumatic brain injuries. Neither you nor someone you love has to let that negligence go unanswered in the wake of a life-changing injury. You can contact a traumatic brain injury attorney in Florida instead and discuss how you can hold a liable party accountable for their behavior in court.
Viles & Beckman offers free case consultations to traumatic brain injury survivors and their families. Whether you want to pursue a personal injury or wrongful death claim, you can count on our team to guide you through the process. Contact us by reaching out to our firm online or calling our office during operating hours. Let’s kickstart your case today.
Call or text (239) 334-3933 or complete a Free Case Evaluation form
