Can You Sue for a Traumatic Brain Injury in Florida?
Can You Sue for a Traumatic Brain Injury in Florida?
A traumatic brain injury (TBI) can affect nearly every aspect of a person's life. Memory problems, headaches, difficulty concentrating, changes in mood or personality, impaired mobility, and other symptoms may continue long after the accident that caused the injury. Some individuals also require extensive rehabilitation, ongoing medical treatment, and assistance with everyday activities.
If your traumatic brain injury was caused by another person's negligence, you may be able to pursue a personal injury claim or lawsuit in Florida. Compensation may be available for medical expenses, lost income, future treatment needs, pain and suffering, and other losses related to the injury. At Keller, Keller, Caracuzzo, Cox & Belluccio in North Palm Beach, we help individuals and families understand their rights after serious brain injuries and pursue accountability from those responsible.
When Can You Sue for a Traumatic Brain Injury in Florida?
Generally, having a traumatic brain injury by itself does not automatically establish a personal injury claim. You must typically be able to show that another person, company, or entity was legally responsible for causing your injury.
Many TBI claims are based on negligence. Depending on the circumstances, a traumatic brain injury could result from:
- Car, truck, motorcycle, bicycle, or pedestrian accidents
- Slip-and-fall or other premises liability accidents
- Workplace incidents
- Falling objects or debris
- Construction accidents
- Defective products
- Other preventable accidents caused by negligent conduct
For example, if a distracted driver causes a collision that results in a head injury, the injured person may have grounds to pursue compensation from the responsible driver. Similarly, a property owner could potentially be held responsible when unsafe property conditions cause a serious fall, depending on the facts of the case.
At Keller, Keller, Caracuzzo, Cox & Belluccio, our attorneys investigate how an injury occurred, identify potentially responsible parties, and gather evidence to support our clients' claims.
What Do You Need to Prove in a TBI Lawsuit?
A successful negligence claim generally requires establishing that the responsible party owed you a duty of care, failed to act with reasonable care, caused your injury, and left you with compensable damages.
Proving these elements can become particularly important in traumatic brain injury cases because the effects of a TBI are not always outwardly visible. An insurance company may attempt to dispute the severity of the injury or argue that certain symptoms are unrelated to the accident.
Evidence that may help support a claim includes medical records, diagnostic testing, accident or incident reports, photographs, video footage, witness statements, employment records, and documentation showing how the injury has affected your everyday life.
Keller, Keller, Caracuzzo, Cox & Belluccio works to preserve and evaluate evidence while coordinating with medical providers to understand a client's diagnosis, prognosis, and anticipated future needs.
What Compensation Can You Pursue After a Traumatic Brain Injury?
The value of a traumatic brain injury claim depends on the individual circumstances. A mild TBI with a relatively short recovery period may have a very different impact than a severe brain injury resulting in permanent cognitive or physical impairment.
Depending on the case, compensation may address losses such as:
- Emergency medical care and hospitalization
- Diagnostic testing and physician visits
- Surgery and medication
- Physical, occupational, or cognitive rehabilitation
- Future medical treatment
- Lost wages
- Reduced future earning capacity
- Pain and suffering
- Loss of enjoyment of life
- Other accident-related economic and noneconomic losses
Florida's negligence laws recognize economic damages such as past and future lost income and medical expenses.
At Keller, Keller, Caracuzzo, Cox & Belluccio, we look beyond the immediate costs of an accident. When a brain injury may affect someone's ability to work, live independently, or participate in activities they previously enjoyed, those long-term consequences can be important when evaluating a claim.
Why Are Future Medical Needs Important in a TBI Claim?
Traumatic brain injuries can be unpredictable. Some symptoms may improve with treatment, while others can persist or create permanent limitations.
An injured person may require neurological care, physical therapy, occupational therapy, cognitive rehabilitation, psychological treatment, medication, assistive devices, or other forms of ongoing support. Severe injuries can also affect a person's ability to return to work or live independently.
Accepting a settlement before the long-term effects of an injury are adequately understood can create problems if additional medical needs arise later. Our attorneys at Keller, Keller, Caracuzzo, Cox & Belluccio work to understand both present losses and anticipated future consequences when pursuing compensation for clients with serious brain injuries.
Can You Recover Compensation If You Were Partially at Fault?
Being partially responsible for an accident does not necessarily mean you cannot pursue compensation in Florida.
Under Florida's current modified comparative fault law, compensation in a negligence action may be reduced according to the injured person's percentage of responsibility. However, a person found to be more than 50% at fault generally cannot recover damages in a negligence action to which the rule applies, with an exception for medical negligence claims.
For example, an insurance company may attempt to argue that your actions contributed to the accident to reduce what it must pay. Having the circumstances thoroughly investigated can therefore be particularly important when responsibility is disputed.
Our North Palm Beach attorneys can examine available evidence, determine how Florida liability laws may apply, and advocate against efforts to unfairly place responsibility on an injured person.
What If Your TBI Symptoms Did Not Appear Immediately?
One challenge with traumatic brain injuries is that symptoms may not always be obvious immediately after an accident. Someone may initially believe they are fine before experiencing headaches, memory difficulties, dizziness, concentration problems, mood changes, or other symptoms.
Seeking appropriate medical attention after a significant head injury or accident is important for both your health and the documentation of your condition. Medical records can also help establish the connection between the accident, your diagnosis, and the treatment you require.
If you later pursue a claim, consistent medical documentation may become an important part of demonstrating how the injury has affected you.
How Long Do You Have to File a TBI Lawsuit in Florida?
Florida imposes deadlines on personal injury lawsuits. Under Florida law, an action founded on negligence generally must be filed within two years. Different deadlines or rules can apply depending on the circumstances, so determining the applicable deadline for a particular case is important.
Waiting too long can create other problems as well. Surveillance footage may be overwritten, witnesses may become difficult to locate, and other important evidence can disappear.
Contacting an attorney soon after an accident gives your legal team an opportunity to investigate what happened and preserve evidence while it is still available.
How Can Keller, Keller, Caracuzzo, Cox & Belluccio Help?
A traumatic brain injury case can involve complicated medical evidence, significant future expenses, and disputes with insurance companies over liability or the severity of an injury.
At Keller, Keller, Caracuzzo, Cox & Belluccio, we represent individuals and families affected by traumatic brain injuries in North Palm Beach, Palm Beach County, South Florida, and throughout Florida. Our firm works to gather evidence, communicate with insurance companies and defense counsel, document the extent of our clients' losses, and prepare cases for each stage of the legal process.
We understand that the consequences of a brain injury can extend far beyond the initial accident. Our goal is to pursue compensation that reflects how the injury has affected your health, finances, independence, and future.
Contact a North Palm Beach Traumatic Brain Injury Attorney
If you suffered a traumatic brain injury because of another person's negligence, you may have the right to pursue compensation. You should not have to navigate medical treatment, insurance issues, and a personal injury claim without understanding your legal options.
Keller, Keller, Caracuzzo, Cox & Belluccio is committed to helping injured individuals and their families seek accountability after serious accidents. Call our North Palm Beach office today at 561-655-3133 to schedule a confidential consultation and discuss your traumatic brain injury claim.
