OCALA BRAIN INJURY ATTORNEY

According to the Florida Department of Education, a traumatic brain injury occurs when an external force causes total or partial impairment of the brain. This can negatively impact language, memory, judgment, and more.

There are a variety of ways these brain injuries can occur, and as such a variety of brain injury cases that Morgan & Morgan attorneys handle. This can include ones caused by:

• Car accidents: Often, brain injury claims stemming from car accidents are against a driver who acted negligently in operating or caring for their vehicle, causing an accident. In certain cases, such as truck accidents, other parties may be liable, such as the trucking company that employs the driver.
• 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.

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.

Of these, causation becomes the most important factor, and the key to winning your case. It’s also arguably the most difficult one to prove. That’s why our attorneys work closely with relevant medical experts with experience in brain injury treatment. These experts can help us build evidence that your doctor did not meet the necessary standards required when treating your injury, and they can also explain to the jury the causation resulting from it.

Although past victories do not guarantee future results, 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.

Through a lawsuit, our Ocala 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.

Brain injuries can be devastating to a person’s well-being, as well as their loved ones. If you or a loved one are in the Ocala area and have suffered a brain injury, please contact us. You may be able to receive compensation for the damages you have suffered. To learn more, complete our case review form at no cost.