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The attorneys in our Tampa office have decades of combined experience helping traumatic brain injury victims recover financially following an unexpected accident. Whether your injury occurred in a drunk driving crash, as a result of medical malpractice, or due to another form of negligence, our attorneys may be able to help in recovering compensation for medical bills and other losses.
If you or a loved one faced a brain injury, and you suspect that it was someone else’s fault, our attorneys may be able to help you find justice. Florida law imposes a time limit in which you may file a lawsuit. To receive a free, no-obligation case evaluation from our Tampa brain injury attorneys, please contact us today.
Elements of a Brain Injury Lawsuit
If a brain injury was the result of the negligence or recklessness of another, the victim may be able to sue for damages. In a brain injury lawsuit, the attorney for the victim must prove the following:
Duty of Care: The duty of care is a legal obligation requiring a person to act toward others with the watchfulness and prudence that a reasonable person would use in a similar situation. For instance, drivers have a duty of care to other people on the road to obey the rules of the highway and drive as a reasonably prudent person would under similar circumstances.
Breach of Duty: A breach of duty occurs when a person has an obligation to act with due care, but fails to adhere to this standard. For example, if a driver is speeding, changing lanes without signaling, or driving under the influence, he or she may be violating their duty of care.
Causation: The responsible party’s breach of duty must be the direct cause of the injury.
Damages: The victim must have suffered an actual injury to have a valid claim.
Attorneys and Medical Experts
A victim will need an attorney with a strong understanding of the medical issues associated with brain injuries to successfully communicate the gravity of the harm to a jury or settling insurance company. For this reason, victims of brain injuries should retain an attorney who understands the complex issues involved in brain injury litigation.
To help ensure our clients are properly compensated, our Tampa brain injury attorneys at Morgan & Morgan regularly consult medical specialists including doctors, physical therapists, and other healthcare experts. We examine factors such as necessary future procedures, rehabilitation costs, and lost earning capacity in determining the value of our clients’ claims. Our brain injury attorneys are dedicated to recovering compensation to help our clients and their families recover financially after suffering a debilitating brain injury.
Compensation in a Brain Injury Lawsuit
By filing a brain injury lawsuit, a victim may be able to receive compensation for the following types of damages:
- Past and Future Medical Bills
- Rehabilitation Expenses
- Lost Wages
- Pain and Suffering
- Punitive Damages
In the case of a fatal accident, the victim’s family may be able to file a wrongful death lawsuit. Through a wrongful death lawsuit, the survivors of the deceased can seek compensation for medical expenses, loss of future earnings, emotional pain and suffering, and funeral expenses.
Effects of a Brain Injury
Brain injuries can lead to severe disorders and diseases, including:
- Mental retardation
- Cerebral Palsy
- Spinal cord injuries
- Chronic headaches
- Second-impact syndrome
- Post-concussion syndrome
- Brain hemorrhage
- Chronic traumatic encephalopathy (CTE)
- Alzheimer’s disease
- Parkinson’s disease
- Other brain disorders
Have you or someone you love suffered a traumatic brain injury? If so, fill out our free, no-obligation case review form and a brain injury attorney will evaluate your claim at no cost to you.