Traumatic Brain Injury Settlement Amounts in Florida
No two traumatic brain injuries (TBIs) are the same. They require unique treatment, care, and support. They occur in different ways and affect the victims differently. It should come as no surprise that no two traumatic brain injury settlement amounts in Florida are the same, either. A TBI settlement will be based on your unique injuries, expenses, and losses.
The best way to fight for fair compensation in a traumatic brain injury case is to work with a Florida brain injury lawyer. They will understand how to document your damages, call in experts to understand future care costs, and use their experience to estimate your intangible losses.
How Much Is a Traumatic Brain Injury Worth in Florida?
There is no way to know how much your case might be worth based on a traumatic brain injury. Payouts in these cases could range from a few thousand to several million dollars. The settlement agreement in your case could depend on:
- The severity of your injuries
- The effects on your daily life
- How your TBI affects your ability to earn a living
- The insurance coverage available
- Whether your actions contributed to causing your injuries
- The strength of the case
Attorneys can secure compensation for clients hurt in a wide range of case types. A recent case our lawyers handled includes:
- $950,000 for a client hurt in a golf cart collision who suffered a TBI and other injuries
Recoverable Damages Based on a Florida Traumatic Brain Injury
The best way to understand how much your Florida traumatic brain injury case might be worth is to consider the expenses and losses you incurred. An attorney familiar with these injuries and how to navigate a claim or lawsuit based on them is your best resource. They can help you document your:
- Current and future medical treatment, rehabilitation, and therapies
- Ongoing and future care and support costs for brain injuries
- Income losses during treatment and recovery
- Diminished ability to work and earn if there are long-term disabilities
- Related expenses with receipts
- Pain and suffering, mental anguish, disability and scarring, emotional distress
While you might be able to add up the costs of your medical care to date on your own, your attorney will have the experience, skills, and resources to estimate your future care costs and noneconomic damages. They will often be able to identify damages you did not consider. This often requires an understanding of similar cases and the help of medical experts and others who can weigh in on the prognosis, necessary care, and lasting effects of the injury.
Understanding How Traumatic Brain Injuries Occur in Negligence Accidents
Traumatic brain injuries come in many forms. Skull fractures, concussions, and penetrating head injuries can all cause symptoms of a brain injury, including issues with motor functioning, cognitive concerns, and personality changes. They could be permanent or temporary.
Almost any situation where the forces involved are enough to cause serious trauma can lead to a TBI diagnosis. In some instances, the brain moves within the skull, and a traumatic brain injury occurs without striking your head on anything. In fact, TBIs sometimes occur in seemingly minor traffic accidents, even when there is minimal property damage.
Almost any situation where one party’s carelessness or recklessness can cause another to suffer injuries could support a traumatic brain injury claim or lawsuit. This includes:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Slip and falls
- Premises liability accidents
- Construction accidents
In any of these situations, a personal injury attorney can investigate what happened and help you seek and secure compensation for your traumatic brain injury as long as they can show:
- The accused party acted negligently
- They caused the accident and your injuries
- You suffered injuries and losses
Negligence occurs when:
- One party owes another a certain duty of care, such as driving safely and obeying traffic laws (e.g., stopping at a red light).
- They fail to uphold their duty of care, often violating a law or regulation.
- Their failure causes an accident or incident.
- The victim suffers a traumatic brain injury or other injuries and damages as a result.
Work With an Experienced Brain Injury Lawyer to Build a Compelling Case
The best way to ensure you seek a fair payout and secure the compensation you need for your future treatment and ongoing care is to work with a Florida personal injury lawyer to manage your case. When you have an attorney on your side, you can continue to focus on your treatment, rehabilitation, therapies, and recovery. They will handle your legal case.
When you hire a lawyer familiar with traumatic brain injuries and the accidents that cause them, they will understand why it is important that you secure compensation for your future. They will identify and catalog your current and future damages and develop a strong case for compensation.
To hold the negligent party accountable and secure compensation, you must provide evidence that convinces the insurance adjuster that negligence occurred. This is the only way to recover a fair settlement amount. To this end, your attorney will investigate what happened and gather evidence.
The available evidence will depend on the type of accident and specific circumstances, but it could include:
- Your relevant medical records from treatment, therapies, and rehabilitation
- Eyewitness interviews
- Official reports, such as crash reports filed by police officers after a collision
- Video of the incident or photographs from the scene
- An accident scene survey
- Documentation of your prognosis and future care and support needs
- Expert or specialist testimony
- Bills, receipts, estimates, and other paperwork to document your damages
Once they have the evidence and organize it to tell a compelling story, your lawyer will demand fair compensation from the insurance carrier. This typically leads to settlement negotiations and possibly a fair settlement offer. When this occurs, and you accept, it will close the case.
If the insurance carrier refuses to make a fair offer or there are other reasons why your attorney recommends litigating the case, you have a right to sue the negligent individual or another liable party to get the money you deserve.
This sometimes encourages the insurance carrier to make a better settlement offer to close the case outside of court. However, it could also lead to a civil trial and verdict that determines if you will receive compensation and how much.
What Is the Deadline for Suing Based on My Florida Traumatic Brain Injuries?
Florida lawmakers recently altered the state’s personal injury statute of limitations. By slashing the time victims have to sue the liable party, they put many people with catastrophic injuries in a hurry. Sometimes, it can take several years to fully understand your prognosis and reach maximum medical improvement. Brain injuries are slow to heal and rehabilitate.
Still, you only have up to two years to sue the at-fault party under Fla. Stat. § 95.11. Missing this deadline could make it difficult to recover any compensation in the case, so be sure to meet this deadline. If you are working with a lawyer, they will protect your right to sue by determining the applicable deadline and ensuring you meet it.
Why Should I Hire a Traumatic Brain Injury Attorney as Soon as Possible?
While you could have up to two years to file a brain injury lawsuit in Florida, there are several reasons to get started working on your case much earlier. This includes:
Your Attorney Will Handle All Communication
When you hire a lawyer to handle your brain injury case, they will manage all communication with the insurer and liable party. You do not have to worry about receiving calls or answering questions that could put your case at risk. You can focus entirely on getting better.
It Protects Your Rights
Your attorney will protect your rights from the day you hire them. You have a right to pursue a case against the negligent party, recover fair compensation, and take the case to court if necessary.
It Preserves Key Evidence
The sooner your attorney can begin their investigation into your accident and injuries, the better. Some evidence does not last. They need to preserve crucial evidence so it is available to support their case later.
Traumatic brain injuries often put victims in a position where they cannot make a phone call or discuss their case for several weeks or even months. If this applies to your loved one’s case, reach out. We can discuss your options and how we can best protect your loved one and your family.
Talk to Our Florida Brain Injury Team About Your Legal Options for Compensation
Meldon Law provides free consultations for traumatic brain injury victims and their families. We can assess your options and offer guidance about your next steps to get justice. We will answer your questions about how our personal injury lawyers approach traumatic brain injury settlements in Florida.
Contact us online or via telephone to get started today.
