Despite their name, traumatic brain injuries tend to range in severity. A concussion may take you out of work for a few weeks, but brain bleeding may permanently transform your ability to meet your everyday needs. There are, unfortunately, a myriad of accidents that can lead to traumatic brain injuries, many of which stem from another party’s negligence.
How are you meant to react when you walk away from an accident with a traumatic brain injury or when you watch a loved one suffer a similar loss? You can call on the traumatic brain injury attorneys in Weston, FL. Winston Law can connect you with a Weston personal injury representative who can fight for your right to accident damages in Florida’s civil courts.
What Can Cause a Traumatic Brain Injury?
You can suffer a traumatic brain injury after a number of different accidents. Athletes, for example, may suffer traumatic brain injuries if their coaches don’t provide them with appropriate protective gear or if another athlete puts them in danger. Anyone driving in Weston may also suffer a traumatic brain injury if they’re hit in a head-on collision.
You may also suffer a traumatic brain injury after an instance of medical malpractice.
That said, you can only pursue compensation for these accidents if you can prove that negligence led to the development of your condition. You can work with a Weston, FL, traumatic brain injury lawyer to elaborate on the circumstances that led to your accident and bring forward evidence of an at-fault party’s dangerous misconduct.
Taking Action in the Wake of a Traumatic Brain Injury
If you want to bring someone else’s negligence to light after your traumatic brain injury accident, you need to submit a claim to Florida’s civil courts. That claim needs to elaborate on the negligence behind your accident and how said negligence violated the duty of care owed to you.
You can also use a traumatic brain injury claim to detail how an injury has impacted your financial stability. Filing a civil claim allows you to demand damages for your losses. You can then use your traumatic brain injury damages to pay for your long-term medical care or address your accident-related bills.
Can You Represent a Loved One in a Traumatic Brain Injury Case?
Who can bring a traumatic brain injury case forward in civil court? The injured party can work directly with a traumatic brain injury attorney in Weston to file their claim. Unfortunately, an injured party’s family members may not take legal action on their behalf if a brain injury renders that party unable to represent their own best interests.
That said, the injured party’s personal representative, who may be a family member, can initiate legal action on the injured party’s behalf. If a personal representative wishes to do so, they can schedule a case consultation with a personal injury attorney to discuss the filing process.
Building an Evidence Bank After a Traumatic Brain Injury
Evidence is the end-all, be-all of a traumatic brain injury accident. You cannot move a claim forward if you don’t have the evidence you need to establish both liability and the value of the claim.
Fortunately, there are several types of evidence that you can bring forward to help establish your right to legal action. Videos and photo evidence give a court a play-by-play view of the accident that led to your injuries. Expert witness statements, including those from medical professionals, can elaborate on the severity of your losses.
You can also bring forward statements from bystanders, cell phone data, black box data, and other forms of evidence to outline the way a liable party accidentally or purposefully violated the duty of care they owed you.
Understanding the Economic Value of a Traumatic Brain Injury Complaint
Your traumatic brain injury complaint has an inherent value based on the financial impact an accident has on your life. You can request that a liable party provide you with the financial support to recover from your accident-related losses, including the following:
- Traumatic brain injury medical expenses
- Long-term medical care
- At-home aids
- At-home care
- Pain and suffering
- Emotional distress
- Property lost or damaged in your accident
- Lost wages or opportunities for future employment
You can discuss the process of calculating these losses’ values with a Weston, FL, traumatic brain injury attorney.
When to File a Traumatic Brain Injury Claim
Florida has recently changed the amount of time in which you can bring a traumatic brain injury to a civil judge’s attention. Prior to 2023, Florida Statutes section 95.11(3)(a) allowed survivors or their representatives to bring a personal injury claim forward within four years of the injured party’s initial accident.
According to the National Law Review, traumatic brain injury survivors and their loved ones have no more than two years to act on their losses. If you want to argue for your right to injury-related compensation, you must bring your claim forward within this period.
That said, the nature of brain injuries may make it impossible for a survivor to adequately elaborate on the nature of their losses in that amount of time. Families and survivors who feel like they may not have the means to file within that two-year period should contact an attorney to discuss their concerns.
Winston Law can initiate a personal injury case on an injured party’s behalf and get that claim to a judge before the case’s statute of limitations expires.
Traumatic Brain Injury Lawyers in Weston Can Stand With You
Traumatic brain injury lawyers understand that you and your loved ones may not know how to cope with the sudden limitations these injuries can put on your life. We don’t want you to financially suffer while you’re recovering from your injuries. That’s why you can work with our traumatic brain injury attorneys in Weston to hold a liable party accountable for their negligence.
Get in touch with Winston Law today to schedule a personal injury case evaluation. You can count on our lawyers to bring forward hard evidence of the negligence that contributed to your traumatic brain injury accident. You can reach us through Winston Law’s website or call our office. We want to schedule a case consultation that suits your busy schedule.