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Brain injuries have the potential to debilitate a victim for a lifetime, resulting in costly medical expenses, loss of income potential, and more. While some serious brain injuries are the result of simple misfortune, others can be attributed to the negligent actions of another person.
If you or a loved one suffered a brain injury because of someone else’s recklessness, you may be entitled to compensation. Our attorneys can review the facts surrounding your accident to establish whether another person or entity acted negligently in causing your brain injury. If another person caused or contributed to the accident, we may be able to help you file a lawsuit against the liable party and fight for compensation for medical bills, pain and suffering, and more.
Our firm recognizes the value of an experienced attorney and our history of multi-million dollar verdicts for brain injury victims speaks for itself. If you have questions about your legal rights or are interested in filing a lawsuit, contact us today, free of charge.
Can I Sue for a Brain Injury?
Your right to sue will depend on a number of factors, including the cause of your accident. If one of the attorneys in our Lakeland office believes you may have a case, he or she will work with industry experts to investigate the accident and its potential causes.
The validity of your case will depend on whether another’s negligence (failure to act as a reasonably prudent person or entity would act under similar circumstances) contributed to or caused your injury. If it is determined that another’s negligence was to blame, our attorneys may be able to file a lawsuit on your behalf.
Who Can I Sue for a Brain Injury?
The person or entity you may be able to sue will vary depending on the cause of your injury. When you sue someone, you are filing a claim with a court to hold another person or entity legally responsible for your injuries. In a successful case, you may be able to recover compensation from the person or entity you are suing to cover medical bills and other losses stemming from your injury.
Below are some common examples of accidents that may lead to traumatic brain injuries (TBIs) and who you may be able to sue in each instance.
- Driver: You may be able to sue another driver if he or she was driving under the influence, using a cell phone or was otherwise distracted at the time of the auto accident.
- Municipality: You may be able to sue your local government municipality if an accident occurred because they failed to maintain proper roads and infrastructure.
- Automaker: You may be able to sue your vehicle’s manufacturer if a defect in your car contributed to or caused your accident and injury.
- Doctor: You may be able to sue your doctor if he or she failed to exercise reasonable care during your treatment. This can include a surgery, prescription error or misdiagnosis.
- Hospital: You may be able to sue the hospital that treated you if its employees (nurses, technicians, paramedics, etc.) acted negligently and caused you harm. This can include failure to properly treat medical conditions, delayed medical attention or drug administration errors.
- Restaurants, Hotels, Malls: You may be able to sue a Lakeland-area restaurant, hotel, shopping mall or other establishment if it failed to properly monitor or maintain the premises. This can include failure to satisfy cleanliness standards, which can result in a slip and fall, and failure to provide adequate security.
- Apartment Buildings: You may be able to sue your landlord or the housing company that owns your apartment building if they failed to maintain adequate security on the property. This can include failure to properly light surrounding areas, such as parking lots, or failure to adequately staff the property with security guards.
What If My Child Has Cerebral Palsy?
If your child was diagnosed with cerebral palsy, our attorneys may be able help you file a lawsuit if we determine that a delivering doctor, nurse or medical technician acted negligently and contributed to your child’s brain injury. The following may indicate medical negligence on part of the delivery team:
- Failure to perform a timely caesarean section
- Failure to monitor the child’s oxygen levels during the birthing process
- Inappropriate use of a vacuum to assist in delivery
How Can a Brain Injury Lawsuit Help Me?
A lawsuit can help you and your family hold the individual or entity that caused the brain injury legally responsible for their actions. In doing so, you may be able to recover monetary damages for:
- Past and future medical bills
- In-home house aides
- Any special accommodations
- Pain and suffering
- Lost wages/loss of earning capacity
- Loss of consortium (deprivation of the benefits of a family relationship)
In some cases, you may also be awarded additional damages, known as punitive damages, if a judge decides that the defendant acted in willful disregard for the victim’s safety. Punitive damages are designed to punish the defendant and discourage others from acting in a similar fashion.
How Much Does a Lawyer Cost?
The brain injury attorneys in our Lakeland office work on a contingency fee basis, meaning that our clients will only pay a fee if we are able to favorably resolve their case.
At Morgan & Morgan, our attorneys have years of experience earning compensation for brain injury victims and their families. If you or a loved one suffered a TBI, contact us today for a free case review.