The Florida Traumatic Brain Injury Guide was created by Victory Law Firm to help injured residents obtain maximum compensation. Call us for a consultation.
Have you been seriously injured in an accident and now suffer from a head injury or TBI, also known as a traumatic brain injury? We are so sorry that you’ve had to go through this and we want to provide you with justice for this wrongdoing that has caused you so much harm. Your life can feel frustrating and you can feel incredibly lost during this troubling time, but we want you to know that we are right by your side fighting for your rights to just us. Our Florida TBI lawyers are ready to take your call to set up a free consultation as soon as you can possibly make this phone call to us. You deserve to be represented by someone who cares about your results and will fight tirelessly against the liable party to ensure you get fair compensation. Call today to get started.
How this Case Works
After being involved in an accident or incident that you believe has caused a head and brain injury, you need to make sure that your first step is to go to an urgent care facility or an emergency room center to get the treatment that you need. Have the attending doctor check you out thoroughly to ensure that there are no additional injuries that might otherwise go undiagnosed. We want to get a clear understanding of all of the harm you’ve had to suffer because of this accident.
The justice that we seek is going to be in the form of financial compensation and will be fulfilled by the liable party’s insurance company. The liable party is the person who was directly responsible for causing you harm. Our Florida TBI lawyers are going to be right by your side throughout this entire process offering you support and handling all of the obstacles that come our way. We want to hold the greedy insurance company responsible for what happened to you and we do not want to let them get away with shorting you what they owe you. It is our duty to our clients to make sure that the end results fully reflect what you have gone through. When we negotiate with them for your settlement award, we are going to fight with you in mind. We don’t back down until we get what you deserve. Sometimes, that means we take the case all the way to trial. Ultimately, it is your choice whether or not we do that, but we are going to be ready for anything.
If you are in need of someone to represent your case, please get in touch with us right away. You deserve to have someone on your side fighting for what is right. What better ally to have than seasoned Florida TBI lawyers who have a proven track record of success handling these types of cases. We’re here for you.
Understanding TBIs
When you suffer a traumatic brain injury, you may have had that as a result of various types of accidents, but most commonly they come from some sort of blunt head trauma. These can arise from involvement in an auto accident or any incident involving a collision. We see these accidents also happen with construction accidents when someone falls from great heights or gets hurt from objects falling on their head. You might also come to us after a pedestrian or bicycle accident. Sometimes, sports injuries can also cause traumatic brain injuries, as well.
Concussions are the most common type of traumatic brain injury, but the injuries can extend beyond that leading into brain bleeds and permanent brain damage. The medical attention that you need should occur immediately after your accident to prevent lifelong damage to your brain. It would be a tragic mistake for you to wait to seek medical care, as these are some of the most severe types of injuries. You should then reach out to our Florida TBI lawyers to fight for your justice.
How to Ensure Success
As we’ve said before, you need to make sure that the first thing you do after you get hurt is seek medical care. We have to get an official diagnosis of a traumatic brain injury on paper in order for us to file a claim for that. When you have a traumatic brain injury, it’s often not the only injury that you suffered because of the nature of the accident that caused your injuries. You want to make sure that your diagnosis is complete and that you get any and all complaints addressed by your doctor.
The biggest mistake that you can make when you have a personal injury case is to delay seeking medical attention, especially if you have a TBI. If you waited to see a doctor, the consequences can be not only life-threatening but cause permanent damage to you. We want you to feel better as soon as possible, and getting immediate medical care is the key to a quick recovery. While our Florida TBI lawyers understand that you might have other things that will prevent you from getting to the doctor right away, such as taking care of your children, the insurance company is not going to be as forgiving.
They might see this delay in receiving medical care as a reason to lower your compensation award. If they noticed that you didn’t get to a doctor right away, then they could say that the injuries you claim to have are not as bad as you say they are, which would mean that your compensation in the end should be lower according to them. They could also say that perhaps your injuries came from some sort of other accident and do not involve them, which would allow them to throw out your case. They are not interested in the reasons why you delayed seeking medical attention. They care only that they can reduce your case or throw it out and increase their profits for the fiscal quarter.
Don’t let the greedy insurance companies take advantage of you. If they call and ask you for a recorded statement about your accident, you need to stay as far away as possible from them as you can. They have tactics and training to get you to answer in a way that would allow them to lower your compensation award or throw out your case completely. Let our Florida TBI lawyers handle communications with these insurance agents so that your rights to justice are fully protected.
Case Value for TBI
Your case value is going to be based on a myriad of things. There are many factors that go into deciding how a case is valued. We want to be able to hold the liable party accountable for all of it. Everything that you have had to suffer through is going to be a relevant factor in your compensation award.
When we determine what your compensation award should be, we are going to have to get a better understanding of what your maximum medical recovery is. This is going to let us know how much recovery you’re going to need and what treatments will be needed in the future to help you return back to maximum health.
Unfortunately, it is not uncommon for people to suffer from their TBI for the rest of their life. There may be a point where your doctor tells you that that is about as much recovery as you are expected to have.
We look to receive full and fair compensation for your economic damages and your non-economic damages.
Economic damages can be categorized as financial loss, either through medical bills, lost wages or other expenses related to your accident.
Non-economic damages are things that are less tangible but equally important. You will receive compensation for your emotion, mental, and physical injuries and damages, such as anxiety and pain and suffering related to the accident.
Frequently Asked TBI Questions
What are the available damages for a TBI claim?
When we have a client come in and they’ve told us about their accident and how it’s affected their loved one, particularly when it’s a traumatic brain injury, there are many different areas of recovery and damages that can be recovered in this type of case. It really depends on the nature and severity of the traumatic brain injury. If it’s a significant brain injury and one that requires significant amount of care, then there are many different areas of compensation and damages that can be recovered. For the most part, generally we have certain types of damages in Florida that can be recovered.
They begin with what are called special damages or monetary damages in terms of expenses that have been expended already and that may be expended in the future. A big source of that is past medical bills. Have you received a treatment that you need? You’re going to accumulate medical bills and costs for the therapies, for the hospital stays. Any kind of medical treatment and therapies that you need in the future, those can be wide ranging.
If it’s a significant brain injury, you may need to take into consideration that you will need specialized care for the rest of your life. This could mean in-home care. It may be care at a facility, transportation needs. All of those things are put together in the past and future medical costs, which depending on your case, could be significant.
The other type of damage is past, present, and future pain and suffering. Those could be significant in a type of brain injury cases. The reason why is it’s your brain. It’s not a broken bone that’s going to heal right away or going to heal back to 100%. If it’s something that’s affecting your brain, it could affect you personally.
It could affect your personality, which could affect your relationships with your loved ones, with your wife, children, parents. All of this has to do with the compensation in terms of pain and suffering. How have you suffered as an individual? How have you suffered as a changed individual? How have you suffered as a result of this traumatic brain injury?
All of those things are put together to arrive at the collective things that you can claim for damages. Again, you have the monetary damages, which are the medical costs in the past and the future, and there are also the more emotional ones such as the pain and suffering in the past and in the future. Many of these brain injury cases that we’ve dealt with are permanent in nature, so the damages that are recoverable in both the medical field and the emotional side can be significant. It’s very important to get an attorney on your side that is knowledgeable in these types of cases and they know all of these damages and the best way to gather all the evidence and to establish the case for you in terms of setting those damages so that you can recover the best possible outcome. If you have any other questions about traumatic brain injuries and damages, please don’t hesitate to contact our office.
What are the common mistakes to avoid after a TBI claim?
We’ve had the situation when a client comes in, either them or a loved one, and they’ve had a traumatic brain injury in Orlando, Florida. One of the critical things they do is not hiring an attorney who’s experienced in dealing with these types of cases. One of the biggest mistakes that we see is they just hire someone who’s never handled this type of case before. What that does is it can severely effect and impact your ability to resolve the case in the best way possible.
An attorney has to be experienced in that. They have to have dealt with these cases before. They have to know who the experts are that need to be consulted. If it’s a significant motor vehicle accident, the type of experts that they need to get to secure that, the type of medical experts that they need to guide them through the process, all of this is critical in ensuring that the traumatic brain injury case receives the top value possible.
This is important because oftentimes brain injury claims deal with, the person that’s injured, it deals with the fact that they have changed somehow. They’re not the person that they used to be. This can be significant in terms of getting the justice that you or your loved one deserves. Oftentimes the mistake is just going with the wrong attorney, going with an attorney that’s never handled these cases before.
The other thing that we see is not getting the treatment after the accident. Many times after even a minor accident, some individuals don’t get the medical treatment that they should be getting simply because they aren’t told to or they haven’t spoken with an attorney. They don’t feel like it. Maybe they feel okay after the accident. It’s very important to make sure that you get checked out, that you make sure you let all your medical providers know exactly what’s going on with you, how you’re feeling, and particularly if you’ve hit your head, if you’ve hit it against the dashboard, against the window, if you fall and hit it on the ground.
In any of those circumstances, any time your head is involved, you need to make sure to let the medical providers know, get that medical treatment so that it’s documented. Sometimes these head injuries can manifest later or they can continue in upward trajectory and become more serious than they were initially. Documenting that initial injury and that impact and getting that treatment right away is very important. Oftentimes, if clients don’t do that or if others don’t do that, it’s is detrimental to their case.
It’s very important to make sure to get an attorney that is knowledgeable in handling traumatic brain injury cases. It’s also very important to make sure you get the medical treatment that you need to ensure that you have the best possible outcome. If you have any other questions about traumatic brain injuries and what to avoid, please don’t hesitate to contact our office.
How do I determine the value of a TBI claim?
Not so long ago we sat down with a family who had experienced a significant injury to a loved one. The majority of the injury was a significant and severe traumatic brain injury. One of the questions was how do we determine the value of this? What is the just compensation for this? How do I get justice for the damage that was done to the loved one?
Again, this really depends on the facts and circumstances of your case. You might have a mild traumatic brain injury or maybe these symptoms are short-lived or they’re not as significant as others. The value can be determined, for the most part, on the medical costs that were expended, which involved past medical expenses and ongoing medical expenses into the future.
If the person has changed in some way, then we can oftentimes find claims of consortium for the loved ones. For example, if a husband is injured with a brain injury, then the wife may be able to recover something because they have lost some companionship or some type of relationship with their husband. There is also in the significant area of it, if your loved one has received a significant brain injury, then the valuation of those types of cases is very different because many of those involved a significant past medical cost and an extensive amount of future medical costs. These future medical costs could range from having to place your loved one in a facility, ongoing medical treatment, ongoing therapies. All of this is very costly, and all of this will be used to determine the value of your case.
These are all future needs and future damages that need to be taken into account for the injuries that were caused. Again, it all really depends on the unique facts and circumstances of each case. As an attorney experienced in this field, we’ll tell you that preparation is key. Getting an attorney experienced with this type of case involved in your case early on is critical because they will set the stage for the eventual resolution of your case. With those things that we do to prepare the case for that, we’ll make sure the best possible resolution for you. If you have any other questions about traumatic brain injuries and the compensation or valuation of a case, please reach out to one of our attorneys.
How Do I Select the Best TBI Attorney?
We recently had a client come in whose loved one was severely injured as a result of the negligence of someone else. Their injuries were traumatic brain injury, which in terms of injuries is very significant and requires very detailed and experienced medical treatment. The importance of hiring an attorney that is experienced in these types of cases is critical. An attorney who has experienced this type of case and has litigated these types of cases can prepare these cases in the best way possible. They can ensure that you as an injured party receives the best treatment possible in terms of helping your brain injury.
Brain injuries can be significant in the sense that they essentially change the person. They can change a person from what they once were to who they are now. This is important to be able to get the right people involved in your case because ultimately to be able to show that to a jury and to be able to get the compensation that you deserve, it’s critical that someone with experience can set this up for you. They need to be able to get you to the right physicians, make sure that you are following up with your treatment, and laying the groundwork for the ultimate resolution of your case.
These cases are unlike broken bone cases in the sense that the brain is a very different part of your body that really takes specialized knowledge from the medical professionals that are dealing with you and it takes a certain amount of specific knowledge from the attorney that’s handling these cases. Someone with that experience is best able to present your case and what you’ve suffered to the insurance company if you’re trying to resolve the case as well as to a jury in helping you achieve the best possible outcome. If you have any other questions about traumatic brain injury, don’t hesitate to contact our office.
How Long Will a TBI Claim Take to Resolve?
When we were meeting with a client recently, they had come in for an injury that they had suffered, which was a traumatic brain injury. The question that they had asked us is how long is this going to take to resolve? Typically these cases really depend on the unique facts and circumstances of the individual, the injury, the insurance company that you’re dealing with. We’ve had cases where these can get resolved in a short matter of time and some which can take longer than others.
Unfortunately, brain injury, depending on the severity, can be a life-long and significantly permanent and devastating injury. Those types of cases if they’re along that spectrum, that can take a lot longer to resolve. Some are milder traumatic brain injuries, which are called mild TBIs. Those often can come from a concussion or some type of mild injury where the symptoms may or may not resolve shortly or may or may not be significant or permanent in nature.
Those types of cases can be resolved in a short matter of time. This is considering whether the insurance company is willing to work with you in negotiating a proper resolution for your case. Oftentimes, brain injury cases are larger cases in the sense that the medical treatment takes an extended period of time. It can be permanent and continue in the future indefinitely. What this means is that the damages and the amount of recovery and the value of the case is often very high.
What this can mean is the insurance companies will often fight these cases tooth and nail and will drag the case on as long as possible. They will do what they can to deny and weaken your case. That’s why you need an attorney who is experienced in handling these types of cases. They can recognize these tactics, and they can prepare your case to ensure that these tactics won’t work against you and you will get the recovery that you deserve. There are both types of cases.
They all depend on the unique facts and circumstances of your case and the insurance company. Some can take several months to a year. Some could take more than a year and even two or three years to resolve. It really just depends on a host of facts. If you’d like to discuss your particular facts and circumstances with one of our attorneys, please reach out to us so that we can help you.
Call Our Florida TBI Lawyers Right Away
Our Florida TBI lawyers want to give you the best shot at justice as possible. We have been dedicated to helping our clients get the results that they deserve after they have suffered at the hands of a negligent party who left them suffering from a TBI. We are dedicated to tireless and dependable representation for our community to ensure that your results are as full as they possibly can be. You might have a lifelong struggle ahead because someone made a poor decision and their actions directly resulted in you having these injuries and damages. Please give us a call right away to set up your free, first consultation today.