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When you suffer a traumatic brain injury (TBI), your life can easily be turned upside down. Recovering from these injuries is typically a long and slow process, and many times a full recovery is impossible. If you or a loved one sustained a TBI because of the negligence or intentional act of another party, you could be entitled to compensation for your injuries.
At Viles & Beckman, LLC, our team of traumatic brain injury attorneys in Lehigh Acres is standing by to help you pursue the money you require and deserve. Contact us today by giving us a call or completing our online contact form. We offer free consultations, so don’t hesitate to get started.
Hiring an Attorney Allows You to Focus on Your Health
The most important thing after suffering a TBI is your health. Unfortunately, financial and legal concerns often preoccupy injury victims. These stressors can have a negative impact on your health and slow the healing process. That is one of the reasons that hiring an experienced legal professional after suffering a traumatic brain injury is so important.
When you hire an experienced Lehigh Acres traumatic brain injury attorney to handle your case, you can rest easy knowing that your financial future is in good hands. This knowledge will allow you to relax and focus on your health.
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Determining Liability for a Traumatic Brain Injury
In order to move forward with an insurance claim or a personal injury lawsuit following a TBI, it is essential that you first determine who is to blame for your damages. Determining fault can often be quite challenging. Fortunately, when you hire an experienced TBI attorney, they will know exactly what to look for when investigating your case.
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Be Mindful of the Statute of Limitations When Filing Your TBI Lawsuit
When filing a traumatic brain injury lawsuit, it’s important that you pay attention to the statute of limitations. Under Florida Statutes §95.11, injury victims have two years to file a lawsuit against the liable party. Should you fail to submit the required paperwork before this deadline passes, you could lose your right to pursue financial compensation.
However, it is critical to note that many exceptions to this statute of limitations exist. Depending on the details of your case, you could find that you are able to file a lawsuit long after the typical four-year deadline has passed. At the same time, you could discover that an exception to the statute of limitations actually puts further restrictions on the amount of time you have to file.
This could mean that instead of having two years to take legal action, you are only permitted a matter of months. Hiring a Lehigh Acres traumatic brain injury lawyer shortly after your accident is the best way to ensure that you will meet all applicable deadlines and protect your right to pursue damages.
Click To ContactDamages You Can Pursue After a Traumatic Brain Injury
If you have sustained a traumatic brain injury, there are many different types of damages you will likely be eligible to claim. All recoverable damages are grouped into three main categories. These categories are:
- Economic damages
- Non-economic damages
- Punitive damages
Economic Damages
All losses you suffered in the accident that caused your TBI that are financial in nature are considered economic damages. The most commonly claimed economic damages in a traumatic brain injury case include:
- Lost income
- Diminished earning power
- Medical costs
- Future medical bills
- Property damage
- Modifications made to your home or vehicle to accommodate a disability
Non-Economic Damages
Any other loss resulting from the accident that caused your TBI are grouped into the broad category of non-economic damages. The most commonly claimed non-economic damages in a traumatic brain injury case include:
- Permanent disability
- Scarring and other disfigurements
- Pain and suffering
- Loss of consortium
- Lowered quality of life
- Mental anguish
Punitive Damages
Punitive damages do not apply to most TBI cases. These damages differ from the compensatory damages already listed in that they are not used to replace losses incurred by the accident victim. Instead, punitive damages are assessed as a means of punishing the liable party for their actions, hoping to prevent similar behavior.
The court will only level punitive damages in cases where the liable party acted in a manner that was criminally negligent or with the purpose of causing harm.
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Don’t Trust an Early Settlement Offer
While the majority of TBI cases end up settling out of court, that does not mean that receiving a settlement soon after your accident will lead to a quick conclusion of your case. In fact, if an insurance company is quick to offer you a settlement, it likely means they are doing so in an attempt to avoid paying you the full value of your claim.
When an insurer knows that you have a valid claim, they will take many actions to minimize the amount they have to pay. One common tactic is to approach you when you are at your most vulnerable and before you know the true value of your claim. They will present you with a lowball settlement offer and hope that you accept out of desperation and relief.
Because of this, it is critical that you retain the services of an experienced attorney soon after your accident. Until you hire a lawyer, decline to speak with any insurance representatives. Once you have legal representation, the insurance company will be unable to contact you directly. This will level the playing field and help get you the settlement you deserve.
Reach Out to a Traumatic Brain Injury Attorney in Lehigh Acres Today
Following a traumatic brain injury, your best option for recovering the compensation you need and deserve is hiring an experienced trauma injury lawyer in Lehigh Acres. At Viles & Beckman, LLC, we have a long history of recovering favorable results for our clients.
Fill out our online contact form or give us a call to schedule a free case evaluation today.
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