Traumatic brain injuries (TBIs) are one of the most devastating injuries that can occur as a result of a car accident. Unfortunately, the medical expenses associated with TBIs can be astronomical, and the recovery process can be long and arduous. If you or a loved one has suffered a TBI due to a car accident in Florida, it is important to know your legal rights and options for pursuing compensation. In this blog post, we will discuss how to get compensation for TBI after a car accident in Florida.
Step 1: Seek Medical Attention Immediately
The first step in pursuing compensation for a TBI after a car accident in Florida is to seek medical attention immediately. TBIs can be difficult to diagnose, and the symptoms may not appear until days or even weeks after the accident. Therefore, it is important to get checked out by a medical professional as soon as possible.
Step 2: Document Your Injuries
Once you have sought medical attention, it is important to document your injuries. Keep a record of all medical expenses, including doctor’s visits, hospital stays, and medication costs. Take pictures of any visible injuries, such as bruises or cuts, and keep a journal of any symptoms you are experiencing, such as headaches, dizziness, or difficulty concentrating.
Step 3: Contact an Experienced Personal Injury Attorney
The next step in pursuing compensation for a TBI after a car accident in Florida is to contact an experienced personal injury attorney. A qualified attorney can help you navigate the legal process and ensure that you receive the compensation you deserve. They can also help you gather evidence, negotiate with insurance companies, and represent you in court if necessary.
Step 4: Determine Liability
In order to receive compensation for your TBI, you must determine liability for the accident. In Florida, the at-fault driver is responsible for compensating the injured party. Your attorney can help you investigate the accident and gather evidence to prove fault.
Step 5: Calculate Damages
Once liability has been established, your attorney will help you calculate damages. Damages may include medical expenses, lost wages, pain and suffering, and future medical expenses related to your TBI. Your attorney will work with medical professionals to determine the full extent of your injuries and the associated costs.
Step 6: Negotiate with Insurance Companies
Your attorney will then negotiate with the at-fault driver’s insurance company to reach a fair settlement. If the insurance company refuses to offer a fair settlement, your attorney may recommend taking the case to court.
Step 7: File a Lawsuit
If negotiations with the insurance company fail, your attorney may recommend filing a lawsuit. Your attorney will represent you in court and present evidence to the judge and jury. If the judge and jury find in your favor, you may be awarded compensation for your TBI.
It is important to note that the statute of limitations for personal injury lawsuits in Florida is four years from the date of the accident. Therefore, it is crucial to act quickly and seek legal counsel as soon as possible.
It is also worth mentioning that Florida operates under a comparative negligence system. This means that if you are found to be partially at fault for the accident, your compensation may be reduced. For example, if it is determined that you were 30% at fault for the accident, your compensation will be reduced by 30%.
In addition, Florida also has a “no-fault” insurance system, which requires all drivers to carry personal injury protection (PIP) insurance. PIP insurance covers a portion of medical expenses and lost wages, regardless of who is at fault for the accident. However, PIP insurance may not cover all of the expenses associated with a TBI, and it may not be sufficient for a serious injury.
Pursuing compensation for a TBI after a car accident in Florida can be a complex and challenging process. It is important to seek legal counsel from an experienced personal injury attorney who can guide you through the process and fight for your rights. With proper documentation, determination of liability, calculation of damages, negotiation with insurance companies, and possible litigation, you can receive the compensation you deserve and begin your road to recovery.
Victory Law Firm P.A. is a personal injury law firm located in Florida with experience in handling TBI cases resulting from car accidents. We have a team of dedicated attorneys who have helped many clients receive compensation for their injuries.
Here’s how we can help with getting compensation for TBI after a car accident in Florida:
- We can provide legal advice and guidance: Our experienced attorneys can provide you with the legal advice and guidance you need to pursue compensation for your TBI. We can explain your legal rights, answer your questions, and provide you with the information you need to make informed decisions about your case.
- We can gather evidence: Our attorneys can investigate the accident and gather evidence to support your claim. This may include obtaining police reports, medical records, and witness statements.
- We can calculate damages: We can work with medical professionals to determine the full extent of your injuries and the associated costs. This may include medical expenses, lost wages, and future medical expenses related to your TBI.
- We can negotiate with insurance companies: We can negotiate with the at-fault driver’s insurance company to reach a fair settlement. If necessary, we can file a lawsuit and represent you in court.
- We can fight for your rights: Our attorneys are dedicated to fighting for your rights and ensuring that you receive the compensation you deserve. We will work tirelessly to protect your interests and achieve the best possible outcome for your case.
Victory Law Firm P.A. can provide you with the legal representation you need to pursue compensation for your TBI after a car accident in Florida. We have the knowledge, experience, and dedication necessary to help you get the compensation you deserve. Contact us today to schedule a free consultation and learn how we can help you with your case.