Results may vary depending on your particular facts and legal circumstances. The attorney featured above is licensed in Florida. For a full list of attorneys in your state please visit our attorney page.
ST. AUGUSTINE BRAIN INJURY ATTORNEY
TBI victims in St. Augustine often require neuropsychological testing, ongoing therapy, and long-term monitoring. Morgan & Morgan works with medical specialists to document these needs and pursue appropriate compensation.
Results may vary depending on your particular facts and legal circumstances. The attorney featured above is licensed in Florida. For a full list of attorneys in your state please visit our attorney page.
St. Augustine Brain Injuries
Traumatic brain injury (TBI) is a leading cause of death and disability nationwide. According to the Centers for Disease Control and Prevention (CDC), brain injury is a contributing factor in approximately 30% of all injury fatalities. Each day in the U.S., 138 people die from injuries, including TBI.
In its Report to Congress on Traumatic Brain Injury in the U.S., CDC estimates the annual number of emergency department (ED) visits, hospitalizations, and deaths with TBI resulting from various causes, including:
- Falls: 658,668 ED visits, 66,291 hospitalizations, 10,944 deaths
- Struck by or against an object: 304,797 ED visits, 6,808 hospitalizations, 372 deaths
- Motor vehicle crashes: 232,240 ED visits, 53,391 hospitalizations, 14,795 deaths
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What is a traumatic brain injury in St. Augustine, Florida?
A traumatic brain injury, or TBI, occurs when an external force damages the brain. These injuries may result from car accidents, falls, sports-related impacts, workplace incidents, or violent assaults. The severity can range from a mild concussion to a life-altering injury that causes permanent disability or death. TBIs are commonly classified into three levels:
- Mild TBI or concussion: A person may briefly lose consciousness or remain conscious throughout the incident. Symptoms can include headaches, confusion, dizziness, nausea, irritability, and sensitivity to light or sound. Some symptoms may not appear immediately.
- Moderate TBI: A moderate injury may involve a longer period of unconsciousness and more significant symptoms, including memory loss, confusion, difficulty speaking, or problems with balance and coordination.
- Severe TBI: A severe brain injury may cause extended unconsciousness, coma, permanent brain damage, or substantial cognitive, physical, and emotional limitations.
TBI symptoms vary depending on the severity of the injury and the area of the brain affected. Common signs may include headaches, memory problems, difficulty concentrating, mood or personality changes, dizziness, blurred vision, and ringing in the ears.
Some brain injuries can also lead to long-term cognitive, physical, emotional, and behavioral challenges. Treatment may include emergency medical care, ongoing monitoring, medication, therapy, and rehabilitation to help the injured person regain function and adapt to lasting limitations.
What should I do if I suspect I have a brain injury after an accident in St. Augustine, Florida?
If you experience possible brain injury symptoms after an accident, take prompt action to protect your health and well-being.
Seek Medical Attention Promptly
See a healthcare professional as soon as possible, even if your symptoms seem mild or do not appear immediately. A doctor can evaluate your condition and determine whether diagnostic testing, such as a CT scan or MRI, is appropriate. Delaying treatment may increase the risk of complications.
Monitor and Document Your Symptoms
Keep track of symptoms such as headaches, dizziness, confusion, nausea, blurred vision, memory difficulties, or changes in mood. Because some symptoms may develop or worsen over time, document when they began and how they affect your daily life.
Allow Time for Recovery
Follow your healthcare provider’s recommendations and give your brain time to heal. This may involve limiting physical activity, screen time, work, reading, or other tasks that require significant concentration.
Attend Follow-Up Appointments
Continue with all recommended medical care and follow-up visits. Traumatic brain injuries can have lasting effects, and ongoing evaluations can help monitor your recovery and address new or persistent symptoms.
Contact Morgan & Morgan
If another party’s negligence caused the accident and your brain injury, Morgan & Morgan may be able to help. An attorney can review the circumstances, explain your legal options, and help you pursue compensation for medical expenses, lost wages, pain and suffering, and other related damages.
What types of accidents can lead to traumatic brain injuries?
Morgan & Morgan handles a wide range of traumatic brain injury cases involving harm caused by another party’s negligence. Common types of TBIs may include:
Concussions
A concussion is a mild traumatic brain injury commonly caused by a blow to the head, a fall, or a collision. Although many people recover fully, others may experience lasting symptoms such as headaches, dizziness, memory problems, or difficulty concentrating.
Brain Contusions
A contusion is bruising of the brain tissue caused by a direct impact. These injuries may lead to swelling or bleeding and can require prompt medical treatment to prevent further complications.
Coup-Contrecoup Injuries
A coup-contrecoup injury occurs when the brain strikes the inside of the skull at the initial point of impact and again on the opposite side. These injuries may cause damage in multiple areas of the brain and often result from car accidents or serious falls.
Diffuse Axonal Injuries
A diffuse axonal injury occurs when rapid shaking, twisting, or rotational forces damage the brain’s nerve fibers. These injuries are often associated with high-speed collisions and may cause severe impairment, loss of consciousness, or coma.
Penetrating Brain Injuries
A penetrating brain injury occurs when an object breaks through the skull and enters the brain tissue. These injuries can cause extensive cognitive, physical, and emotional complications.
Brain Hemorrhages
A brain hemorrhage occurs when a blood vessel ruptures and causes bleeding within or around the brain. This potentially life-threatening condition may result from a serious fall, violent impact, or other high-force accident and requires immediate medical care.
Subdural Hematomas
A subdural hematoma is a collection of blood between the brain and its outer covering. The buildup of blood can place dangerous pressure on the brain and cause serious complications.
Epidural Hematomas
An epidural hematoma occurs when blood collects between the skull and the brain’s outer protective layer. These injuries may cause rapid swelling and often require emergency medical or surgical treatment.
Chronic Traumatic Encephalopathy
Chronic traumatic encephalopathy, or CTE, is most often associated with repeated head trauma, including injuries experienced by athletes or military personnel. It can cause progressive problems with memory, thinking, mood, and behavior, and is currently confirmed through examination after death.
Who can file a traumatic brain injury lawsuit in St. Augustine, Florida?
A TBI lawsuit can be filed by various parties, depending on the situation and the individual’s circumstances. Here’s a breakdown of who can file a TBI lawsuit in St. Augustine, Florida:
The TBI Victim (Injured Party)
- Primary claimant: The person who directly suffers the traumatic brain injury as a result of an accident or act of negligence is typically the primary individual who can file a lawsuit. This individual seeks compensation for damages such as medical bills, lost wages, pain and suffering, and other costs associated with their recovery or long-term care.
- Important note: If the victim is able to do so, they must file the lawsuit within the statute of limitations for personal injury in their jurisdiction, which typically ranges from one to four years, depending on the state.
Family Members (In Cases of Severe Injury or Death)
- Spouse: When a severe TBI leaves the injured person unable to pursue a claim because of physical or cognitive limitations, a spouse or other legally authorized representative may be able to act on their behalf. A spouse may also have a separate claim for losses such as diminished companionship and support.
- Parents: In cases involving minors, parents or legal guardians can file a TBI lawsuit on behalf of their child, seeking compensation for medical treatment, future care, pain and suffering, and any other damages.
- Children: If the TBI victim is deceased, their children (or other family members, depending on the situation) may file a wrongful death lawsuit. This lawsuit may seek damages for loss of support, funeral costs, and other related expenses.
Legal Guardians or Conservators
- Guardianship: If the TBI victim is incapacitated and cannot manage their own legal affairs due to the severity of the injury (e.g., being in a coma or having severe cognitive impairments), a legal guardian or conservator may be appointed to file the lawsuit on their behalf.
Estate Representatives
- Executor of the estate: In the tragic event that the TBI victim passes away due to their injury, the executor or administrator of the estate may file a wrongful death lawsuit on behalf of the deceased. This is typically done by the person designated in the victim’s will or by the court if no will exists.
What are the signs and symptoms of brain injuries in St. Augustine, Florida?
Signs and symptoms of a brain injury can vary depending on the severity and type of injury (mild, moderate, or severe). Some symptoms may appear immediately, while others can develop over hours or days. Here are common signs and symptoms to watch for after a head injury:
Physical Symptoms
- Headaches: Persistent or severe headaches are among the most common symptoms following a brain injury.
- Nausea or vomiting: Nausea or vomiting after a blow to the head may indicate a concussion or a more serious injury.
- Dizziness or balance problems: A person may feel lightheaded, unsteady, or have difficulty walking or coordinating movements.
- Fatigue or drowsiness: Brain injuries may cause unusual tiredness, sluggishness, or difficulty staying awake.
- Sensitivity to light or noise: Bright lights or loud sounds may become uncomfortable, particularly after a concussion or mild TBI.
- Blurred or double vision: Vision changes may include difficulty focusing, blurred vision, or seeing double.
- Ringing in the ears: Some people experience ringing, buzzing, or other sounds in the ears, commonly known as tinnitus.
- Seizures: More serious brain injuries may cause seizures or convulsions.
- Loss of consciousness: A person may briefly or repeatedly lose consciousness after a head injury.
- Swelling or tenderness: Bruising, swelling, or sensitivity may develop around the head, face, neck, or site of impact.
Cognitive Symptoms
- Confusion or disorientation: Feeling "foggy," confused, or having trouble focusing. This can include difficulty remembering important information or events right before or after the injury.
- Memory loss (amnesia): Difficulty remembering things, especially immediately before or after the injury.
- Difficulty concentrating or thinking clearly: Trouble staying focused, thinking through tasks, or processing information.
- Slow thinking or processing: A noticeable delay in response times or difficulty following conversations.
Emotional and Behavioral Symptoms
- Mood swings: Irritability, frustration, or sudden emotional changes.
- Anxiety or depression: Feelings of anxiety, depression, or overwhelming sadness, which may be a result of the injury or a change in brain function.
- Personality changes: A noticeable shift in behavior, such as becoming more impulsive, withdrawn, or exhibiting uncharacteristic aggression.
- Sleep disturbances: Trouble falling asleep, staying asleep, or sleeping too much. Some individuals may also experience disturbed sleep cycles.
Severe Symptoms (Emergency Signs)
- Severe headache or worsening pain: If a headache becomes progressively worse, it could signal swelling or bleeding in the brain.
- Loss of consciousness for an extended period: Prolonged unconsciousness, confusion, or a coma after an injury is a serious sign of a severe brain injury.
- Weakness or numbness in limbs: Loss of strength or feeling on one side of the body, or difficulty moving a limb, may indicate nerve damage or brain injury.
- Clear fluids or blood leaking from the nose or ears: This could be a sign of a skull fracture or other severe injury.
- Slurred speech or difficulty speaking: Trouble speaking, slurred speech, or difficulty understanding language.
- Uncontrolled bleeding or bruising: Profuse bleeding or bruising around the head or face, particularly if accompanied by symptoms of confusion or dizziness.
What are the signs of a brain injury in children or infants?
For young children or infants who cannot express their symptoms, look out for signs like:
- Excessive crying or irritability
- Change in eating or sleeping patterns
- Bulging soft spot (fontanel) on an infant’s head
- Changes in behavior, such as lethargy or less interaction than usual
- Loss of balance or trouble walking
When should I seek medical attention after a head injury in St. Augustine, Florida?
If you or someone else exhibits any of the following signs after a head injury, it's critical to seek immediate medical help:
- Persistent or worsening headaches
- Seizures
- Loss of consciousness (even briefly)
- Severe confusion or disorientation
- Difficulty breathing or swallowing
- Clear fluid draining from the ears or nose
- Unexplained vomiting or worsening nausea
- Any other unusual or severe symptoms
If you suspect a brain injury, even a mild one, it's always better to be cautious and consult a healthcare professional. Early diagnosis and intervention can help prevent long-term complications and improve recovery outcomes.
What are the common causes of traumatic brain injuries in St. Augustine, Florida?
Traumatic brain injuries can result from a variety of accidents or incidents, typically involving a sudden blow or jolt to the head that causes damage to the brain. Here are some of the common causes of TBIs:
Motor Vehicle Accidents
Collisions involving cars, trucks, or motorcycles are a leading cause of TBIs. The impact of a crash can cause the brain to hit the skull or be violently shaken.
Airbag deployment can also be a contributing factor. There can be multiple points of impact to the head during a car accident. For instance, the head can strike the interior of the vehicle and then receive a second blow from the airbag. There may also be an acceleration/deceleration motion of the head (whiplash), followed by airbag deployment that can cause TBI symptoms.
When pedestrians are struck by vehicles, it can lead to serious head injuries, especially if the person is thrown to the ground or strikes their head on the road or vehicle.
Bike riders involved in crashes are also at high risk for TBIs, especially if they are not wearing helmets.
Falls
Falls are a leading cause of TBIs, particularly among the elderly and young children. Falling from a height, such as from ladders, stairs, or playground equipment, can cause the head to be severely struck and can lead to serious brain injury.
Construction workers and others in hazardous jobs are particularly vulnerable to falls from heights or accidents involving machinery.
Sports Injuries
Sports such as football, soccer, hockey, and boxing are high-risk activities for TBIs due to collisions, falls, or being struck in the head with equipment (a ball, puck, or bat).
Injuries can also occur in non-contact sports such as gymnastics, cycling, or skateboarding when the athlete falls or suffers an impact to the head.
Violence and Assaults
Violent crimes, including assaults where the victim is struck on the head or is involved in a fight, can cause TBIs. This can include blows with fists, weapons, or other objects.
Penetrating injuries from firearms can lead to severe brain damage and are among the most serious causes of TBI.
Military and Combat Injuries
Military personnel are at risk for TBIs from explosions, landmines, or shrapnel during combat. The shockwave from blasts can cause brain injuries even without direct impact.
Soldiers may also suffer head injuries from blunt force trauma or accidents during training or combat.
Workplace Accidents
In industries where workers are exposed to heavy machinery, tools, and equipment, falls, collisions, or being struck by falling objects can cause serious head injuries.
Medical Malpractice
Errors during surgery, particularly brain or spinal cord procedures, can result in TBIs.
In some cases, medical negligence, such as failing to diagnose a brain injury early, can lead to worsening of the injury and long-term damage.
Domestic Violence
Victims of domestic violence, especially women and children, are at risk for head trauma caused by being struck or beaten. These injuries can cause long-lasting brain damage.
TBIs can occur in a wide variety of settings and situations, often unexpectedly. It’s important to seek immediate medical attention if you suspect a brain injury to prevent complications and improve recovery chances.
If the injury was caused by the negligence or recklessness of others, consulting with an experienced attorney can help you understand your legal options for compensation.
Who can be held responsible for brain injuries in St. Augustine, Florida?
When a traumatic brain injury occurs due to someone else’s negligence or wrongdoing, various parties may be held legally responsible. Determining liability depends on how the injury happened and who had a duty of care to prevent harm. Below are some of the potentially liable parties in a TBI case:
Negligent Drivers & Vehicle Owners
If a TBI was caused by a car, truck, motorcycle, bicycle, or pedestrian accident, the at-fault driver may be held responsible.
Employers of commercial drivers (trucking companies) can also be liable if an employee caused the crash while on the job.
Property Owners & Businesses
If a slip and fall accident or another premises-related injury led to a TBI, the property owner or business may be liable under premises liability laws.
Examples include unsafe stairs, poor lighting, wet floors, and falling objects in stores, restaurants, workplaces, and apartment buildings.
Employers & Companies (Workplace Accidents)
Employers can be responsible for TBIs if unsafe workplace conditions contributed to the injury. In construction and industrial jobs, workers may suffer head injuries due to falling debris, defective machinery, or unsafe scaffolding.
Workers' compensation may cover medical costs and lost wages, but a third-party lawsuit may be possible if negligence from another company (subcontractors, equipment manufacturers) played a role.
Sports Organizations & Schools
Schools, colleges, and professional sports leagues may be liable if coaches, trainers, or organizations fail to protect athletes from concussions or TBIs.
Inadequate safety protocols, failure to provide proper helmets, and allowing players to return to play too soon after a head injury can lead to liability.
Manufacturers of Defective Products
If a faulty helmet, airbag, seatbelt, or other defective product contributed to a brain injury, the manufacturer could be held responsible under product liability laws.
Examples include motor vehicle defects, defective workplace safety gear, and faulty medical devices.
Medical Professionals & Hospitals (Medical Malpractice)
Doctors, nurses, and hospitals can be liable for TBIs caused by medical errors, such as:
- Surgical mistakes affecting the brain.
- Misdiagnosis or delayed diagnosis of a brain injury leading to worsening conditions.
- Birth injuries occur when improper delivery techniques result in brain damage to newborns.
Property Managers & Landlords
If a tenant or visitor suffers a TBI due to unsafe living conditions (such as broken staircases, poor lighting, or lack of security leading to an assault), the landlord or property manager could be held responsible.
Perpetrators of Violence & Assault
Individuals who physically assault someone, such as in cases of domestic violence, bar fights, or armed robberies, can be held criminally and civilly liable for causing a TBI.
If the assault occurred on commercial property (a bar or nightclub with inadequate security), the business might also bear some responsibility.
Government Entities & Municipalities
If a brain injury was caused by poorly maintained roads, defective traffic signals, or hazardous public property, a city, county, or state government may be liable.
Government entities may also be responsible for police misconduct or excessive force leading to a head injury.
Nursing Homes & Assisted Living Facilities
Elderly residents can suffer TBIs due to falls, neglect, or physical abuse in nursing homes.
If staff fail to provide proper supervision or safety measures, the facility may be responsible.
If you or a loved one suffered a TBI due to someone else’s negligence, you may be entitled to compensation for medical expenses, lost wages, pain and suffering, and long-term care. Morgan & Morgan’s experienced brain injury attorneys can investigate your case, determine liability, and fight for the justice you deserve.
What is the process of filing a TBI lawsuit in St. Augustine, Florida?
Filing a traumatic brain injury (TBI) lawsuit is a complex process that requires careful preparation, strong evidence, and experienced legal representation. Below is an overview of what to expect when pursuing a claim with Morgan & Morgan.
1. Seek Medical Attention
If you suspect a brain injury, seek medical care immediately. A diagnosis from a medical professional will not only protect your health but also serve as critical evidence in your case. Brain injuries can worsen over time, so early intervention is essential.
2. Contact Morgan & Morgan
An experienced TBI attorney can evaluate your case, determine liability, and discuss potential compensation. Morgan & Morgan offers free case evaluations, and we work on a contingency fee basis, meaning you do not pay unless we win.
3. Investigation and Evidence Collection
Building a strong case requires gathering key evidence, which may include:
- Medical records and doctors’ opinions on the severity of your injury
- Accident reports, whether from law enforcement, a workplace incident, or other sources
- Witness statements from individuals who saw what happened
- Surveillance footage, photographs, or any available video evidence
- Testimony from experts, such as neurologists or accident reconstruction specialists
4. Filing the Lawsuit
Once there is sufficient evidence, your attorney will file a formal complaint against the responsible party. This legal document outlines how the injury occurred, who is liable, and the damages being sought. After the complaint is filed, the defendant will have a set period to respond.
5. Discovery Process
During discovery, both sides exchange evidence and gather further information. This process may involve:
- Depositions, where witnesses and experts provide sworn testimony
- Interrogatories, which are written questions that the opposing party must answer
- Requests for documents, such as medical records, accident reports, or insurance policies
Discovery allows both parties to assess the strength of the case and may lead to settlement discussions.
6. Settlement Negotiations
Most TBI cases are resolved through settlement rather than trial. The attorneys on both sides will negotiate a potential agreement, often involving the at-fault party’s insurance company. The goal is to secure fair compensation for medical expenses, lost wages, pain and suffering, and other damages. Morgan & Morgan will not accept a low settlement that does not adequately compensate you for your losses.
7. Trial (If Necessary)
If a settlement cannot be reached, the case will proceed to trial. A judge or jury will hear the evidence and determine whether the defendant is liable and, if so, how much compensation should be awarded. At trial, your attorney will present expert testimony, medical records, and other evidence to prove the extent of your injury and the impact it has had on your life.
8. Receiving Compensation
If the case is won at trial or settled beforehand, you will receive compensation for damages such as:
- Medical expenses, including future care needs
- Lost income and reduced earning capacity
- Pain and suffering
- Emotional distress
- Long-term rehabilitation and disability accommodations
- Loss of enjoyment of life (impairment of daily activities & relationships)
- Punitive damages (for cases involving reckless or intentional harm)
How long do I have to file a brain injury lawsuit in St. Augustine, Florida?
Brain injury claims are subject to legal filing deadlines known as statutes of limitations. The amount of time available may depend on the circumstances of the case, including when the injury occurred and when it was discovered. Different deadlines or exceptions may apply in cases involving minors, government entities, or injuries that were not immediately apparent.
Missing the applicable deadline could result in the claim being dismissed and prevent you from pursuing compensation. Acting promptly can also help preserve medical records, witness testimony, and other important evidence.
Because filing requirements can vary, consider speaking with a brain injury attorney as soon as possible. An attorney can determine which deadline may apply and help ensure your claim is properly filed on time.
Can I still file a claim if my symptoms appear weeks or months later in St. Augustine, Florida?
Yes, you can still file a claim if your symptoms appear weeks or months after the accident. TBIs can have delayed symptoms, and it is not uncommon for victims to experience cognitive, emotional, or physical impairments long after the initial injury. The ability to file a claim will depend on a few key factors:
Statute of Limitations
Each state sets deadlines for filing personal injury lawsuits, known as statutes of limitations. The amount of time you have to file a brain injury claim can vary depending on where the injury occurred and the specific circumstances of your case.
In some situations, exceptions may apply, particularly if symptoms were delayed or the injury was not immediately discovered. If you did not realize the full extent of your brain injury right away, an attorney can help you understand how filing deadlines may apply to your case.
Medical Documentation
If you did not seek immediate medical attention after your accident, it is still possible to build a case. A doctor can assess your symptoms and determine whether they are linked to the accident. Having medical records that document your symptoms and their progression can be crucial in proving that the injury was caused by the incident.
Proving Causation
To succeed in a TBI claim, you must prove that your brain injury was caused by the accident in question. This can be more challenging if significant time has passed, but an experienced attorney can use medical evaluations, expert testimony, and other evidence to establish a clear connection.
Insurance Company Challenges
Insurance companies may claim that your symptoms were not caused by the accident, particularly when there was a delay in diagnosis or treatment. An attorney can help challenge these arguments by gathering medical records, expert opinions, and other evidence connecting your condition to the incident.
Contact Morgan & Morgan
Morgan & Morgan has experience handling complex brain injury cases, including claims where symptoms may not appear right away. Our legal team can review medical records, consult with experts, and evaluate the circumstances surrounding your injury to help you better understand your legal options.
Morgan & Morgan works on a contingency fee basis, which means you pay nothing up front and only pay if we recover compensation for you. If you have developed symptoms of a brain injury after an accident, do not wait. Contact us today for a free case evaluation to discuss your legal options.
What happens if my loved one is in a coma due to a traumatic brain injury in St. Augustine, Florida?
If your loved one is in a coma due to a traumatic brain injury, it is a devastating and challenging situation that requires immediate medical and legal attention.
A coma is a serious medical condition that requires intensive care. Depending on the severity of the brain injury, your loved one may need:
- Emergency treatment to stabilize their condition and reduce brain swelling.
- Long-term hospitalization in a neuro-intensive care unit (ICU).
- Rehabilitation, if they regain consciousness, including physical therapy, speech therapy, and cognitive rehabilitation.
If the injury was caused by someone else’s negligence, such as a car accident, workplace injury, medical malpractice, or an act of violence, you may have the right to file a traumatic brain injury lawsuit on behalf of your loved one.
If your loved one is in a coma, however, they cannot file a claim themselves. In many cases, a legal guardian, spouse, parent, or other family member can step in to pursue legal action on their behalf. If no guardian has been legally designated, you may need to petition the court to become their representative.
If your loved one does not survive the coma, you may be eligible to file a wrongful death lawsuit against the responsible party. This can help secure compensation for funeral expenses, loss of financial support, and the emotional suffering of the surviving family members.
Most importantly, an experienced legal advocate at Morgan & Morgan in St. Augustine, Florida, can assist you in navigating this complex legal process, fighting for the compensation you need and deserve.
Will my case go to trial, or can it be settled out of court in St. Augustine, Florida?
Whether your traumatic brain injury case settles or proceeds to trial will depend on factors such as the strength of the evidence, whether liability is disputed, the extent of your damages, and the willingness of the responsible party or insurer to negotiate.
Settlement: The Most Common Outcome
Many personal injury claims, including TBI cases, are resolved through a negotiated settlement. This allows the injured person to recover compensation without completing a full trial. A settlement may offer:
- A faster resolution: Settlement negotiations may resolve a case sooner than litigation and trial.
- Greater certainty: Trials can be unpredictable, while a settlement allows both parties to agree to specific terms.
- Less stress and expense: Resolving the case outside court may reduce the emotional and financial demands of litigation.
When a Settlement May Not Be Possible
A case may be more likely to proceed toward trial when:
- The insurance company refuses to offer compensation that fairly reflects the medical expenses, lost income, pain and suffering, and other damages.
- The parties disagree about who caused the accident.
- The injuries require extensive treatment, long-term care, or ongoing financial support.
- The defense disputes the severity of the TBI or its connection to the accident.
Going to Trial
If the parties cannot reach an acceptable settlement, the case may proceed to trial. During the trial:
- Both sides present evidence and witness testimony.
- Your attorney explains why the defendant should be held liable and presents evidence of your damages.
- A judge or jury determines liability and whether compensation should be awarded.
Trial may become necessary when the defendant’s offer does not adequately reflect the harm suffered, responsibility remains disputed, or pursuing a verdict is the best available path toward accountability.
If you or a loved one suffered a traumatic brain injury, Morgan & Morgan may be able to evaluate the circumstances and explain whether settlement negotiations or trial may be appropriate. Contact us for a free case evaluation to discuss your legal options.
What if I was partially at fault for the accident that caused my TBI in St. Augustine, Florida?
You may still be able to pursue compensation even if you share some responsibility for the accident that caused your traumatic brain injury. However, your eligibility for compensation and the amount you may recover can depend on the laws that apply and the percentage of fault assigned to you.
Fault may be evaluated using evidence such as accident reports, witness statements, medical records, photographs, video footage, and expert testimony.
Insurance companies may attempt to place additional blame on injured victims to reduce the amount they must pay. A brain injury attorney can investigate the incident, challenge unsupported allegations, and advocate for a fair assessment of responsibility.
Even if you believe you contributed to the accident, do not assume that you are unable to recover compensation. Speaking with an attorney can help you better understand your rights and legal options.
Do I have to pay for a consultation with a lawyer in St. Augustine, Florida?
No. Consultations at Morgan & Morgan in St. Augustine are completely free. We believe everyone deserves access to legal advice, regardless of their financial situation.
Hiring one of our lawyers is easy, and you can get started in minutes with a free case evaluation on our site or by phone.
Who will be on my St. Augustine, Florida, case team?
When you hire Morgan & Morgan, you gain access to the resources of America’s Largest Injury Law Firm™. With more than 1,100 attorneys nationwide and over 700,000 clients helped, our firm has the experience and resources to handle complex brain injury cases.
Your case may be supported by a team that can include attorneys, paralegals, case managers, and other legal professionals working together to move your claim forward. You may also have a primary point of contact who can help answer questions and keep you informed throughout the legal process.
When do I meet with my lawyer in St. Augustine, Florida?
We love talking to our clients. You will primarily communicate with your Case Manager via telephone and email, and if you would like to speak directly with your attorney via telephone, we will make that happen by scheduling a call.
How much does it cost to hire Morgan & Morgan in St. Augustine, Florida?
Morgan & Morgan’s lawyers work on a contingency fee basis, meaning that there are no up-front fees or expenses until your case comes to a successful conclusion. That’s right—the Fee Is Free™, and you only pay if we win.
Our fee is a percentage of the settlement or verdict amount, ensuring we are motivated to achieve the best possible outcome for you.
Why should I hire Morgan & Morgan in St. Augustine, Florida, for a brain injury case?
Brain injury cases can be complex and often involve extensive medical evidence, long-term treatment needs, and significant financial losses. Morgan & Morgan has more than 1,100 attorneys nationwide and has recovered over $35 for clients.
Our attorneys have experience handling serious injury claims and understand the life-changing impact a traumatic brain injury can have on victims and their families. We work to build strong cases that account for both immediate losses and long-term medical needs.
Morgan & Morgan handles brain injury cases on a contingency fee basis, which means you pay nothing up front and only pay if we recover compensation for you. If you believe someone else’s negligence caused your injury, contact Morgan & Morgan today for a free case evaluation to learn more about your legal options.
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