Florida Laws and Traumatic Brain Injuries: How They Impact Legal Cases

Florida laws and traumatic brain injuries (TBIs) go hand in hand, as the law is always relevant to victims of negligence. Several specific personal injury laws may apply to any traumatic brain injury claim you pursue, and hiring a personal injury lawyer who is familiar with the legal process could be of great benefit to your case for compensation.

From filing deadlines to how you determine fault for your injury, Florida’s laws may be a central focus of your case. If you try to learn these laws on your own, you may spend substantial time, face great frustration, and still not secure the compensation you deserve. Allow a personal injury attorney to use their training and legal knowledge on your behalf.

Florida Laws That Can Be Relevant to Those With Traumatic Brain Injuries

Florida’s laws are complex, dense, and varied. Countless statutes may apply to you as a traumatic brain injury victim, and hiring a lawyer will ensure you’re aware of all such laws. Some of Florida’s statutes that could be relevant to your case include:

• Auto accident reporting laws: Florida Statutes § 316.065 states that you must generally report any car accident where someone suffers injuries, and that would include an accident resulting in a TBI.

• The statute of limitations: Florida generally imposes deadlines for filing personal injury and wrongful death lawsuits, both of which may result from a head injury. Florida Statutes § 95.11 notes that you typically have two years to file a lawsuit, whether you are affected by a fatal or non-fatal brain injury.

• Premises liability laws: If your brain injury happened because of a property owner’s negligence, Florida’s premises liability laws dictate that you may sue that property owner for the harm they have caused.
• Comparative negligence statutes: Florida Statutes § 768.81 accounts for cases where two parties share fault for a brain injury or any other injury. These comparative fault statutes dictate that, so long as you are 50 percent or less at fault for the injury, you can still seek compensation for your damages.

There may be many more laws that apply directly to your circumstances. Allow an attorney with an in-depth understanding of such laws to worry about such details. Simply worry about healing from your injury, and your attorney will take care of the rest.

Reasons to Hire a Personal Injury Lawyer After Suffering a TBI

Those with brain injuries have several compelling reasons to hire a brain injury lawyer. You may hire an attorney because:

• Your time and energy are occupied by the demands of recovery
• Your pain and suffering mean you have a limited capacity to handle stress, which handling your own personal injury claim or lawsuit may cause
• You are not familiar with Florida’s laws related to traumatic brain injuries and civil cases, and you don’t want to (or can’t) research them
• You believe a lawyer’s legal training and experience are valuable to your case

Many brain injury victims do not want to deal with the challenge and hardship of completing an insurance company claim or personal injury lawsuit. However, you probably recognize how important it is to secure the financial compensation you need for medical expenses and other injury-related damages.

By hiring a lawyer, you spare yourself the hardship of completing a claim or lawsuit so you can focus on your health.

Damages Your Attorney Will Seek Compensation For

Brain injuries can be the result of various accidents, incidents, and activities. You or your loved one could be suffering from a traumatic brain injury due to: 

• Medical malpractice
• Motor vehicle accident
• Sports injury
• Acts of violence

These injuries can have long-term effects and require continuous medical care. You should not have to pay for the negligence of others. That’s why our accident attorneys complete detailed evaluations of our clients’ damages. Though each client with a brain injury has a different damage profile, some common types of recoverable damages include:

• Medical bills: This can include the cost of emergency care, brain scans, surgery, rehabilitation, and all other medical care related to your TBI.

• Pain and suffering: This may include physical pain, personal changes, memory problems, depression, lost quality of life, emotional distress, and other types of pain and suffering related to your injury.
• Professional damages: Your accident lawyer will seek fair compensation for any lost income, diminished earning power, and other professional damages related to your brain injury.

Depending on how your injury happened, you may also have property expenses and other damages. The courts could also award you punitive damages. 

Steps Your Traumatic Brain Injury Lawyer Will Take to Resolve Your Case

Our attorneys provide start-to-finish representation for those with TBIs, and we will:

• Investigate your accident
• Collect police reports, medical records, and related documentation
• Obtain witness statements
• Get expert opinions
• Establish fault for your injury
• Document your economic and non-economic damages
• Negotiate a settlement
• File a brain injury lawsuit if you decide to pursue one
• Represent you at trial if you do not receive a fair settlement offer

Let us fight for your financial recovery while you focus your efforts on healing.

Contact the Law Offices of Wolf & Pravato Today for Your Free Consultation

Our legal professionals are ready to start your traumatic brain injury case today, and our legal team is always available to discuss your case. For a law firm that will invest in your case and fight relentlessly for your financial recovery, look no further.

Call the Law Offices of Wolf & Pravato at (844) 643-7200 today to complete your free consultation.