Traumatic brain injuries (TBIs) can be devastating. Even minor blows to the head can cause side effects years after the initial incident. In the worst cases, the victim can experience permanent paralysis, job loss, huge financial costs, and mental trauma. Fortunately, the law guarantees a party that has suffered a TBI the right to file a claim in court to recover compensation for another person’s actions. So if someone’s negligence or recklessness caused you or a loved one to suffer a TBI, you don’t have to simply learn to deal with it.
Read on to learn more about TBIs and how the law can help you obtain financial compensation for a TBI. In addition, we will review how a traumatic brain injury lawyer can help you prevail in your case.
Understanding Traumatic Brain Injuries
A TBI is any blow to the head that causes a disturbance in brain or nervous system function. TBIs are disturbingly common. According to the Florida Department of Health, nearly 5,000 people die yearly from TBIs in the state. Approximately 25,000 Floridians suffer non-fatal TBIs every year.
Naturally, all sorts of events cause TBIs. A few of the common causes of TBIs are:
- Motor vehicle accidents,
- Bicycle accidents,
- Gunshot wounds,
- Military injuries, and
- Sporting accidents.
Whatever the source of the TBI, they can range in severity from moderate to deadly. Some people can deal with minor TBIs without needing to see a doctor. Usually, symptoms from mild TBIs clear up within a week or two. Mild symptoms include
- Loss of consciousness,
- persistent headache,
- Vision changes,
- Amnesia, and
- Difficulty concentrating.
Unfortunately, even mild TBIs can cause delayed effects years or decades after the initial incident. More severe TBI symptoms include slurred speech, seizures, loss of vision, behavior changes, confusion, agitation, and coma. Serious TBIs can completely upend your life, making work impossible and endangering your financial security.
Legal Damages Available for TBI Victims
Florida state law recognizes three unique kinds of damages for personal injury cases. TBI cases are no exception to the rule, so let’s explore these damages more closely.
Economic damages serve to compensate the plaintiff or claimant for all their actual monetary losses. Economic damages are objective and tangible. The upside of this is that you can more easily prove economic damages through bills, receipts, and other written records. Economic damages include things like:
- Property damage. You can recover compensation for any property damage related to your TBI. This might include your destroyed car, damaged jewelry and electronics, and damage to your place of residence.
- Lost income. Under Florida law, as a TBI victim, you can recover up to 80 percent of any wages you lost by missing work because of your head injury.
- Medical expenses. You can seek economic damages for all past and future medical expenses, including ER visits, rehabilitation, physical therapy, and drug prescriptions.
One of the ways a Bradenton brain injury lawyer can help you is by petitioning various hospitals and employers for evidence related to your economic damages. Once they receive this information, the TBI lawyer can help you produce this evidence in court.
Non-economic damages help compensate the claimant for more abstract or hard-to-quantify losses. Non-economic damages can include losses like:
- Mental anguish,
- Loss of life enjoyment capacity,
- Physical disfigurement,
- Impairment or disability,
- Emotional distress,
- Loss of conjugal benefits, and
- Physical pain and suffering.
Because even minor TBIs can lead to permanent mental or physical effects, it is vital that you accurately prove your non-economic damages. If you fail to do so, you’ll be cheating yourself out of a fair financial recovery. However, because non-economic damages are harder to prove, we recommend getting legal help. A local TBI lawyer can help you understand what kind of non-economic damages you might have and help you prove those damages.
How a Bradenton Brain Injury Lawyer Can Help You
Having an attorney is essential for several key reasons. For one, attorneys will serve as faithful advocates of your interests. While people are often capable of defending themselves in day-to-day situations, it’s harder to properly defend yourself in court. On top of that, TBI victims are juggling things like hospital visits, rehabilitation appointments, and other after-effects of the incident. At the same time, they have to deal with various third parties—like insurance companies—who do not care about justice. A quality TBI lawyer can help you represent your interests effectively while saving you the trouble and stress of interacting with third parties.
Hiring a TBI attorney is also a good way to maximize your compensation amount. Because of their experience trying TBI cases, a TBI attorney can assess the facts of your case and tell you what you might be able to obtain in court. They can also help you understand what will make a fair settlement and how you can leverage the facts to get the best outcome possible.
Finally, a local Bradenton TBI attorney knows the local judges and attorneys well. They can use their familiarity with the local legal players to form an outstanding legal strategy for you. They will also probably know several helpful expert medical witnesses who can testify about the severity of your injuries.
Let Our Award-Winning TBI Lawyer Give You a Helping Hand Today
Not all attorneys are successful at winning cases. Some may be effective but provide poor customer service to their clients. In addition, few personal injury attorneys specifically work with TBI cases.
Fortunately, James “Jay” Horne is an outstanding Bradenton brain injury attorney. He prides himself on being honest and transparent with his clients. Thanks to his sterling conduct and professional excellence, he was named a Super Lawyer by Thomson Reuters in 2022. In addition, Martindale-Hubbell bestowed its prestigious Preeminent rating on Jay for his outstanding practice. Finally, he has a stunning track record of success, with almost 700 satisfied clients and $12,000,000 in recoveries during a decade of practice.
Even if you still are not sure whether you need an attorney to help, set up a consultation with Jay Horne today. All our initial consultations are free, so there’s nothing to lose by reaching out to us right away.