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When an individual sustains a brain injury as a result of another’s negligence, he or she may be able to file a lawsuit seeking compensation for these injuries and related losses. At Morgan & Morgan, our Jacksonville attorneys have years of experience handling claims against persons and companies whose negligence resulted in a traumatic brain injury (TBI).
While each case is different, our firm has recovered substantial awards for brain injury victims, including a $26 million verdict for an Iraqi war veteran who suffered permanent brain damage in a motor vehicle accident. Because brain injury cases can be complex, and often require knowledge in both the legal and medical fields, it is important to obtain a lawyer with the necessary experience and resources to advocate on your behalf.
Have you or a loved one suffered a brain injury? Find out if you may be able to seek compensation for your losses by filling out our free case review form. Our Jacksonville brain injury lawyers are offering consultations at no cost and with no obligation.
What Will My Jacksonville Brain Injury Attorney Do?
In Florida, brain injury lawsuits may be filed only if the victim suffered brain trauma as a direct result of another’s negligence. Therefore, the attorney for the injured party must prove the following:
Duty of Care: Duty of care refers to a legal obligation to adhere to a certain standard or level of care. For example, property owners are legally obliged to maintain safe premises for visitors and workers.
Breach of Duty: A breach of duty means that the at-fault party did not satisfy their duty of care, and thus acted negligently. For example, if the aforementioned property owner has a wet or hazardous area on their grounds and neglected to fix or warn guests about it, he may have breached his duty of care.
Causation: The victim’s injury was a direct result of the defendant’s negligence.
Damages: If the injured party does not sustain damages, they may not be eligible to file a claim. For example, if a guest slips on an icy surface, but does not incur economic or non-economic losses as a result, he may not have a viable case against the property owner.
Demonstrating causation, or the direct link between the defendant’s negligence and the victim’s brain injury, is one of the most difficult and important parts of proving a brain injury claim. To ensure that causation is established in a clear and convincing manner, our Jacksonville brain injury attorneys work closely with medical experts who are well-versed in treating and recognizing brain injuries.
To help strengthen our client’s claim, these experts examine and compile pieces of evidence to identify whether your doctor met the standards required by his or her profession when tending to your ailment. They are also able to demonstrate causation to jurors, who may not have any prior knowledge or understanding of brain injuries, in a clear and understandable manner.
The experts we have worked with have shed light on thousands of complex brain injury cases, and our effective use of expert testimony has led to multi-million dollar verdicts and settlements.
What Cases Can Morgan & Morgan Handle?
Morgan & Morgan’s Jacksonville brain injury attorneys handle a variety of brain injury cases, including cases caused by:
Car accidents: Typically, these types of claims are pursued against a driver who executed a reckless maneuver or otherwise failed to take proper care when operating his or her vehicle. In cases involving trucks or buses, the driver or the company that employs them may be liable for losses that resulted from a brain injury.
Medical Malpractice and Birth Injuries: When a medical professional deviates from the accepted standard of medical care, a brain injury can result. These cases may be pursued against the medical providers themselves, or the hospitals that employ them.
At-work Accidents: Workers who suffer brain injuries on-the-job may be eligible for workers’ compensation benefits. They may be eligible for further compensation if the injury was caused by the negligence of a third party.
How Much Is My Case Worth?
Through a lawsuit, our Jacksonville attorneys may be able to help brain injury victims recoup economic and non-economic damages including:
Medical Bills: Brain injury victims may be able to recover medical bills resulting from their injury including, but not limited to, future expenses, medication, doctors’ visits, rehabilitation, and physical and occupational therapy.
Pain and Suffering: Brain injury victims can recover compensation for the long-term physical and emotional pain they face after the incident, for e.g. brain damage or amnesia.
Lost Wages: TBI Victims can be reimbursed for their lost wages by filing a brain injury lawsuit. Victims may also be able to recover compensation if the incident impacts their future earning potential.
Wrongful Death: When the victim of a brain injury doesn’t survive the incident, the victim’s spouse or child may be able to receive compensation by filing a wrongful death lawsuit against the negligent party. They could receive compensation for the financial damages related to their loved one’s death, for e.g. funeral expenses, loss of wages etc. The family can also seek compensation for the pain and suffering they face, loss of consortium, and other non-economic damages.
If you suffered a serious brain injury in the Jacksonville area, you may be eligible to file a lawsuit to receive compensation for your losses. Contact us by filling out our free, no-obligation case review form. In Florida, there is a statute of limitations, which means that there is a time limit for filing a brain injury lawsuit and, if you run out of time, you may become ineligible for a recovery.