Traumatic brain injuries, also known as TBIs, are some of the most serious injuries a person can experience. These injuries can have long-lasting effects on both the individual and their family. In Florida, if someone suffers a TBI due to an accident or someone else’s actions, they may have the right to seek compensation. However, deciding whether to settle a case or go to trial can be a tough choice for many TBI victims. Understanding the differences between a settlement and a trial can help you make the best decision for your situation.
At, Victory Law Firm P.A. , we are here to guide you through the legal process and help you navigate the complexities of your case.
Attorney - Partner Attorney - Of Counsel
Franklin Domenech, Esq.
William Alexander Corzo, Esq.
Understanding the Legal Process for a TBI Lawsuit
When someone suffers a traumatic brain injury, it is important to take legal action if someone else is responsible for the injury. A TBI lawsuit typically begins when the injured person, or their family, decides to pursue compensation for their injuries. This process usually starts with filing a claim, which allows the injured person to state their case against the responsible party. In Florida, the legal process for TBI lawsuits can be long and complicated. This is why many people choose to seek the help of a legal professional to guide them through the process.
Once the claim is filed, the legal teams for both sides will begin investigating the details of the case. This part of the process is known as discovery, and it includes gathering evidence, speaking with witnesses, and reviewing medical records. The goal of discovery is to understand the full scope of the injury and determine how it has affected the victim’s life.
As the legal process unfolds, the injured person will have to make an important decision: Should they accept a settlement or go to trial? This choice can have a major impact on the outcome of the case and the compensation received. To make an informed decision, it is important to understand what each option entails.
What Happens During a Settlement?
A settlement occurs when both sides agree on a specific amount of compensation without having to go to trial. This option is often chosen because it can be quicker and less stressful than going to court. In a settlement, the injured person agrees to accept a certain amount of money in exchange for dropping the lawsuit. Once both parties come to an agreement, the settlement is finalized, and the case is closed.
Highly recommend victory law firm they've been nothing but great and and very presentable if you want to win a case I definitely I give it 5 stars” - Yari Yes Mr. Domenech, Mr. Leon, Miss. Katerina helped me and my family tremendously. They are knowledgeable, professional, laways available and most importantly care about their clients, I would recommend them 100% and more. Endlessly grateful." - Llubikza Kairuz Attorney William Corzo did an excellent job in assisting me with my car accident case. He was thorough and professional and the outcome was great- would definitely recommend him." - Patrick Dollar
Many TBI lawsuits in Florida are settled outside of court. This is because a settlement can save both time and money. The process of going to trial can take months or even years, while a settlement can be reached much more quickly. Additionally, a settlement gives the injured person some control over the outcome. By settling, they know exactly how much compensation they will receive, rather than leaving the decision up to a judge or jury.
However, there are some downsides to settling. Once a settlement is reached, the injured person cannot seek any additional compensation, even if their injury worsens over time. This can be risky for someone with a traumatic brain injury, as the long-term effects of a TBI are not always known right away. It is important to carefully consider whether the settlement amount is enough to cover future medical expenses and other costs related to the injury.
What to Expect in a Trial
If a settlement cannot be reached, the case may go to trial. A trial involves presenting the case before a judge or jury, who will decide if the injured person should receive compensation and how much that compensation should be. In a TBI lawsuit, both sides will present evidence and arguments to support their positions.
Going to trial can be a lengthy and stressful process. The injured person may have to testify about their injury and how it has affected their life. Medical specialists and other witnesses may also be called to testify. Both sides will present evidence, and the judge or jury will decide the outcome.
Choosing a Car Accident Attorney Personal Injury Case ValueRelated Videos
One advantage of going to trial is the possibility of receiving a larger compensation award than what was offered in a settlement. If the judge or jury decides in favor of the injured person, they may award an amount that covers all medical expenses, lost wages, and pain and suffering. However, there is also the risk that the judge or jury may rule in favor of the other side, leaving the injured person with no compensation at all.
Another downside to going to trial is that it can take a long time to reach a conclusion. The trial process can be drawn out over months or even years, which can be frustrating for someone who is already dealing with the effects of a traumatic brain injury. Additionally, the cost of going to trial can be higher than settling, as both legal teams will need to prepare for the courtroom proceedings.
Factors to Consider When Deciding Between Settlement and Trial
Choosing between a settlement and a trial is not an easy decision. Several factors should be considered when making this choice. First, it is important to think about the severity of the traumatic brain injury and how it will affect the victim’s life in the future. If the injury is severe and will require long-term care, it may be worth considering going to trial to seek full compensation.
Serious Results
Another factor to consider is how quickly the injured person needs compensation. A settlement can provide much-needed financial relief in a shorter amount of time. On the other hand, if time is not a concern and the injured person is willing to wait for a potentially larger payout, going to trial may be the better option.
It is also important to think about the emotional toll of going to trial. The courtroom process can be stressful and emotionally draining, especially for someone who is already dealing with the challenges of a traumatic brain injury. Settling the case may provide peace of mind and allow the injured person to focus on their recovery.
Finally, the decision to settle or go to trial should be made with the help of a knowledgeable attorney who can offer guidance based on the specific details of the case. An attorney can help weigh the pros and cons of each option and provide valuable advice on how to proceed.
What Compensation Can Be Expected in a TBI Lawsuit?
Whether a case is settled or goes to trial, the injured person may be entitled to various types of compensation. This can include medical expenses, both past and future, related to the traumatic brain injury. Compensation may also cover lost wages if the injured person is unable to work because of their injury.
In addition to medical costs and lost wages, the injured person may be entitled to compensation for pain and suffering. This includes the emotional and physical pain caused by the injury, as well as the impact the injury has had on their quality of life.
If the case goes to trial and the judge or jury rules in favor of the injured person, the compensation awarded may be higher than what was offered in a settlement. However, there is no guarantee that going to trial will result in a larger payout. Each case is unique, and the outcome can vary depending on the specific circumstances.
How Long Does the Process Take?
The timeline for a traumatic brain injury lawsuit can vary depending on whether the case is settled or goes to trial. A settlement can often be reached within a few months, while going to trial can take much longer. The discovery process, court scheduling, and other factors can all contribute to the length of time it takes to resolve a case.
For someone dealing with a traumatic brain injury, the legal process can feel overwhelming. It is important to have a clear understanding of what to expect, whether the case is settled or goes to trial. Knowing the potential timeline can help the injured person plan for their financial and emotional well-being during the process.
Making the decision between settling a traumatic brain injury lawsuit or going to trial is not easy. Both options come with their own set of risks and benefits. A settlement can provide quicker compensation and avoid the stress of going to court, but it may not fully cover all future costs associated with the injury. On the other hand, going to trial may result in a larger payout but comes with the risk of receiving no compensation at all.
If you or a loved one has suffered a traumatic brain injury in Florida, it is important to seek the guidance of an experienced legal team. The attorneys at Victory Law Firm, P.A. are here to help you navigate the legal process and make the best decision for your case. Contact us today to discuss your options and learn more about how we can help you pursue the compensation you deserve.