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Jacksonville Brain Injuries
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.
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Who Is Liable in a Brain Injury Accident?
Liability in a brain injury accident depends on who was responsible for your accident and whether the cause of your injuries can be directly tied to them. For example, in an automobile accident, the other driver may be at fault, or there may be malfunctioning parts in your vehicle that contributed to a brain injury.
Cases involving a brain injury sustained during a medical event, like surgery, may involve medical malpractice. Doctors, nurses, or the facility may be liable for your injuries.
A Jacksonville brain injury attorney at Morgan & Morgan can help determine who is at fault for your injury. Once we’ve determined fault based on the evidence and circumstances of your accident, we’ll begin a lawsuit against the negligent parties.
What Evidence Should I Gather After a Brain Injury Accident?
After an accident, gathering as much documentation as possible is crucial. Photographs, medical bills, and contact information of people involved in the accident are all helpful.
You should provide any evidence concerning your case to your attorney. Your attorney will also work with medical experts and other advisors to establish the extent of your brain injury and whether you will recover.
Are Traumatic Brain Injuries Common?
According to the CDC, approximately 611 people are hospitalized daily with a traumatic brain injury. Of the 611 patients, 176 will die due to their injuries. Traumatic brain injuries are common and are often the result of unforeseen accidents like automobile collisions, slips and falls, and sports mishaps.
Some patients fully recover, while others deal with the repercussions of their accidents for the rest of their lives.
What Are the Symptoms of a Traumatic Brain Injury?
Symptoms of a traumatic brain injury include dizziness, seizures, dilated pupils, and loss of consciousness. Some people report sleep difficulties, like being unable to wake up or fall asleep.
Loved ones and friends may notice the injured person has mood changes and sometimes appears confused. Difficulty concentrating and slurred speech are warning signs of a traumatic brain injury.
What Are the Long-Term Repercussions of a Traumatic Brain Injury?
Long-term repercussions from a traumatic brain injury vary significantly from person to person. Some people may experience symptoms for several weeks or months before fully recovering. Others find their symptoms worsen or remain the same, no matter what treatment doctors give.
Common long-term issues include paralysis of the limbs due to nerve damage, mood changes, drug or alcohol addiction problems, PTSD, and depression or anxiety. Patients may have difficulty maintaining social relationships or keeping up with a regular job.
What Kinds of Treatments Are Available for Brain Injuries?
A variety of treatments are available for traumatic brain injuries. Those who suffer significant injuries may need a combination of treatments to improve their brain functions.
Some options include surgery to remove damaged brain tissue, medication, and various physical, speech, and occupational therapies. Patients who need greater care may be placed in facilities that can provide them with around-the-clock assistance.
How Do I Pay for Medical Expenses Associated With My Injury?
Treatment for patients with a traumatic brain injury can be very costly. In some cases, the individual suffering from the damage may be unable to pay for treatment, especially if they cannot work. Pursuing a lawsuit against the negligent party who caused your brain injury can allow you to obtain the help you need.
If you win your case, the defendant or their insurance company will be responsible for your past and future medical costs. Obtaining money necessary for your recovery can relieve stress on you and your family, allowing you to concentrate on recovering from your injuries.
How Long Do I Have to File a Lawsuit for My Traumatic Brain Injury?
Patients who sustain a traumatic brain injury in Jacksonville have between two and four years to file a personal injury claim.
Two years is the standard for medical malpractice, workers’ compensation, assault, and battery claims. Individuals who suffer from a traumatic brain injury due to someone else’s negligence — such as in an auto accident or premises liability case — have up to four years to file a claim.
Surviving family members of an individual who passed away from a traumatic brain injury have up to 4 years to file a wrongful death claim.
Statute of limitations law in Florida is more complicated than in other states. If you’re unsure whether your case meets the state’s statute of limitations requirements, it’s best to speak with a Jacksonville brain injury attorney at Morgan & Morgan. An attorney can determine your case within the state’s required timelines.
Of course, it’s always best to seek legal assistance as quickly as possible following an accident that results in a traumatic brain injury. It will take your attorney some time to assemble the facts of your case and develop an appropriate legal strategy for obtaining the financial compensation you deserve.