Have you or a loved one suffered a brain injury as a result of an accident? At Fischer Redavid PLLC, our Hollywood brain injury attorneys are dedicated to providing you with compassionate representation and helping you recover fair compensation from the negligent party.
Our firm is skilled at representing clients who have suffered from catastrophic injuries or medical malpractice. Contact us today at (954) 860-8434 or send us a message to schedule a free consultation.
Many people living with traumatic brain injuries or family members of disabled loved ones settle their injury claims for far less than they deserve – or for no money at all. Unfortunately, insurance companies may try to take advantage of brain injury victims and families in Florida. Insurance companies try to save money by undervaluing claimants’ losses and using deny-or-delay tactics to get out of paying claims. Hiring a Hollywood brain injury lawyer could prevent this from occurring during your claim.
A traumatic brain injury attorney could increase your chances of achieving a positive verdict or successful settlement in an amount that will ensure medical care and better quality of life in your future. Aggressively negotiating your claim and bringing forth the most important details of your case are actions your lawyer can take to fight for better compensation on your behalf. An attorney understands brain injury law and knows how to handle these cases for the best possible results. You can focus on your future while a lawyer completes paperwork and files a claim on your behalf.
Traumatic brain injury (TBI) is damage to the brain from external forces. Trauma to the brain from a bump, blow, or penetrating injury to the skull can cause permanent effects on the victim. A person with a traumatic brain injury may struggle to walk, eat, talk, or work. The effects of a TBI may last a few weeks, months, or for the rest of the victim’s life. The most common accidents that lead to traumatic brain injuries are automobile collisions, falls, violent crimes, and sports impacts. Anything that jolts, punctures, bruises, or otherwise injures the brain from the outside could be a TBI.
Traumatic brain injuries work by damaging the brain’s delicate cells. Mild TBI may only cause temporary cell damage, while more serious injuries can cause permanent brain cell death. The brain can suffer many different types of injuries in an accident, including hemorrhage, hematoma (bleeding in the brain), bruising, and tissue tears. The outcome of a TBI will depend on factors such as the severity of the injury, health of the victim, and success of treatments. Traumatic brain injuries are unique to each individual.
Data from the Centers for Disease Control and Prevention (CDC) shows that about one-third of injury related deaths in the U.S. are the result of a brain or head injury.
There are three main types of brain injury: An individual could suffer mild, moderate, or severe brain damage that requires 24/7 or long-term care. Regardless of the severity of your injury, you can count on our Hollywood personal injury lawyers to go the extra mile on your behalf.
We have seen the effects that a brain injury can have on a person, from sensory loss to physical disabilities. Our team is dedicated to investigating your case thoroughly, proving fault, and presenting your case in a manner which illustrates the importance of full compensation.
Our brain injury lawyers in Hollywood, Florida offer representation for cases involving the following types of brain injuries:
Some people fully recover from brain injuries while others may never regain their pre-accident statuses. Brain injury recovery looks different for everyone. It is critical to speak to your doctor about you or a loved one’s unique prognosis since brain injuries are such complex and varied injuries. It may be possible to fully recover from a brain injury if it was mild or moderate. These injuries may only cause cell damage and temporary symptoms, not permanent brain cell death. Severe traumatic brain injuries, however, may cause irreversible disabilities. A patient’s recovery from a brain injury involves many factors.
The brain can heal itself to a certain extent, but many patients experience lasting symptoms or disabilities. Some patients can fully recover from TBIs in weeks, while others may need years to see progress. The patient plays a major role in his or her own TBI recovery. A patient who seeks immediate medical care, listens to a doctor’s orders and follows a proactive treatment plan will have the best odds of full recovery. Keeping up with memory tests, for example, could help a patient recover lost capabilities. One of the most important recovery aids is a positive attitude. Patients who believe they can recover are more likely to show progress.
Receiving financial compensation for a traumatic brain injury in Hollywood, Florida may require proving another party’s negligence. You or your attorney will have to prove negligence if your injury is serious enough to warrant an injury trial rather than an insurance claim. You may also need to prove negligence if the other party’s insurance company denies culpability for your damages.
Since Florida is a no-fault car accident state, you generally will not have to prove another driver’s negligence if you suffered a TBI in a car accident. A brain injury lawyer can help you navigate your unique claim and prove negligence, if necessary. To prove negligence, the following must be confirmed:
These are the four main elements needed to prove negligence in an injury claim in Florida. By establishing these elements, your brain injury attorney may be able to achieve a settlement or jury verdict for your damages. It may take revisiting the scene of the accident, collecting evidence, interviewing eyewitnesses, hiring TBI experts, speaking to doctors, and collecting medical records for a lawyer to prove your brain injury claim in Hollywood.
Regardless of the severity of your head injury, you may not receive compensation if you miss your statute of limitations. A statute of limitations imposes a deadline on when a person can file a civil claim or criminal charges against a defendant. State lawmakers created statutes of limitations to motivate filing parties to come forward with their claims as soon as possible. The statutes of limitations change from state to state, as well as between different types of claims.
In Florida, the statute of limitations on traumatic brain injury is four years from the date of the accident, in most cases. Personal injury actions founded on negligence have four-year time limits – with an important exception called the discovery rule. The discovery rule gives claimants more time to file if they do not discover their injuries until a date later than the accident. If you were in a car crash on August 1st, for example, but did not notice symptoms of a TBI or get an official diagnosis until August 5th, your statute of limitations would begin on the 5th, not the 1st. Since each case is unique, talk to an attorney about your deadline.
Filing an insurance injury claim for a TBI is about more than just money. It is a way for you to hold the at-fault party responsible for negligence or intent to harm. An insurance claim or lawsuit could bring you closure by holding the defendant accountable. It could also demonstrate to the community what happens when someone’s negligence or recklessness causes another person a serious injury.
The financial compensation that may be available, however, is also an important reason to file a claim. Here are the different types of damages that will be factored into a settlement amount:
The courts in Florida will allow a brain injury victim to seek compensation for economic and noneconomic damages. The TBI settlement value will depend on the unique facts of the case. In general, more severe TBIs will receive greater compensation awards. The Hollywood brain injury attorneys at Fischer Redavid PLLC have obtained millions of dollars on behalf of injured clients in Florida. We have the power to take a brain injury case to court if that is what it takes to achieve a better compensation award. Our lawyers will fight for top results on your behalf.
Brain injuries can occur as a result of a wide range of accidents, from motor vehicle accidents to drownings. It is vital that you seek medical attention right away, even if you do not believe you are severely injured. Brain injuries often do not appear right away or may seem like a simple concussion at first.
The symptoms of an injury of this nature can lead to lasting problems, such as:
Call the Hollywood brain injury lawyers at Fischer Redavid PLLC anytime at (954) 860-8434 to schedule a free consultation, or send us a message online.