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Traumatic Brain Injuries: Legal Advice for Florida Victims


Traumatic Brain Injuries: Legal Advice for Florida Victims

Every year, more than 52,000 people in the United States die as a result of traumatic brain injuries. Currently, more than 1.7 million individuals in our country live with these life-altering injuries. These injuries can result in serious physical and emotional consequences for sufferers. If you incur a traumatic brain injury in an accident caused by another person’s negligence, you may have legal options. Working with our personal injury lawyers in Daytona Beach can ensure you can get justice.

Understanding Traumatic Brain Injuries (TBI)

Traumatic Brain Injuries (TBIs) are a type of catastrophic injury that can occur from various types of incidents. The impact on the brain disrupts normal function and can lead to physical, cognitive, and emotional symptoms. Symptoms may include headaches, memory loss, mood swings, and difficulty concentrating.

The severity of a TBI can vary from mild concussions to severe cases resulting in long-term disability. It’s crucial to seek immediate medical attention if you suspect a TBI. Diagnosis often involves imaging tests like CT scans or MRIs to assess the extent of brain damage.

Recovery from a TBI can be a long and challenging journey. Victims often require specialized treatment and support. After an accident, victims usually have legal options available. Daytona Beach injury attorneys have the knowledge and experience to effectively advocate for TBI victims’ rights.

Common Causes of TBI in Florida

In Florida, several types of accidents lead to traumatic brain injuries. One of the most common causes is motor vehicle accidents. Hundreds of thousands of motor vehicle accidents are reported annually in Florida. In 2022 alone, more than 380,000 motor vehicle accidents were reported on our roadways. The high volume of traffic on highways like I-95 and I-4 increases the risk of serious head injuries from collisions.

Slip and fall accidents are another leading cause of these injuries. With all of the tourist attractions and shopping centers across the state, these accidents can happen at any time and result in severe head trauma. Even though property owners are required to maintain safe environments, there are countless instances where people suffer these serious injuries due to walking on uneven surfaces, lack of warning signs, or inadequate lighting.

Water-related activities such as boating or swimming accidents also contribute to TBIs in Florida. Head injuries can occur when people engage in water sports without taking proper safety precautions or supervision.

When the reckless or careless actions of another person cause a traumatic brain injury, injured parties can take legal action. Daytona Beach injury attorneys can help victims prove negligence.

Taking Legal Action

Determining liability is a critical step in pursuing legal action for a traumatic brain injury. In Florida, personal injury cases often revolve around the concept of negligence. To establish negligence, the plaintiff (the injured party) must prove four key elements:

  • Duty of Care: The defendant owed a duty of care to the plaintiff. For example, in a car accident case, drivers owe a duty of care to operate their vehicles safely.
  • Breach of Duty: The defendant breached the duty of care they owed to the plaintiff through action or inaction.
  • Causation: The breach of duty directly caused the plaintiff’s injuries. This could involve distracted driving, driving while impaired, or other reckless actions.
  • Damages: The injuries caused tangible harm to the plaintiff, resulting in actual damages. If another driver is negligent and causes a collision that results in a TBI, they may be liable for the victim’s damages.

Florida’s Comparative Negligence System

In personal injury cases, the comparative negligence system determines how much compensation victims receive. This system states that if the injured party is found partially at fault for the accident, their recovery will be reduced by the percentage of their fault. However, if the plaintiff’s fault exceeds 50%, they may be barred from recovering any damages. It is essential to consult with a knowledgeable attorney who can assess the circumstances of the TBI case and provide guidance on how comparative negligence might impact the potential recovery.

Statute of Limitations

In Florida, personal injury cases, including those related to traumatic brain injuries, are subject to a statute of limitations. Generally, claims based on negligence must be filed within two years from the date of the injury to file a lawsuit. However, certain circumstances may alter this timeframe, so it is important to seek help from personal injury lawyers in Daytona Beach to ensure your claim is filed in a timely manner.

Damages in Traumatic Brain Injury Cases

Victims of traumatic brain injuries may be entitled to various types of damages, depending on the specifics of their case. These damages can be categorized as economic and non-economic.

Economic Damages

  • Medical Expenses: This includes past and future medical costs related to the TBI, such as surgeries, rehabilitation, medications, and therapy.
  • Lost Earnings: Victims may recover wages lost due to the injury and potential future earnings if the TBI affects their ability to work.

Non-Economic Damages

  • Pain and Suffering: Compensation for physical and emotional distress resulting from the TBI.
  • Loss of Enjoyment of Life: Damages for losing the ability to enjoy activities and pleasures.
  • Loss of Consortium: Available to family members for the loss of the injured person’s companionship, support, and services.

Personal injury lawyers in Daytona Beach can help you gather evidence to support your claim against the defendant, ensuring you recover fair compensation for immediate and long-term damages.

Navigating the Insurance Process

Many TBI cases involve dealing with insurance companies. It is crucial for victims to understand their rights and to approach the insurance process with caution. Insurance adjusters may attempt to minimize the value of a claim, and victims may unknowingly make statements that could be used against them later. Seeking legal representation from Daytona Beach injury attorneys early in the process can help protect the victim’s rights and ensure a fair evaluation of their claim.

Call Our Daytona Beach Injury Attorneys Today

With over 30 years of experience, personal injury attorney Joe Horrox has a proven track record of helping clients receive the compensation they deserve for their injuries. Attorney Horrox is dedicated to protecting clients’ interests and securing maximum settlements or jury awards in each case by offering personalized legal services and free consultations.

We work on a “no win, no fee” policy, so we do not connect any money for legal representation unless we win your case. Schedule a free consultation today to discuss your case with experienced and compassionate personal injury lawyers in Daytona Beach.