Brain Injury FAQs
Founded more than 40 years ago, Searcy Denney concentrates our practice solely on personal injury recovery. Our Florida brain injury lawyers advocate for severely injured clients to get the funds they need for quality medical care and a better quality of life.
We know you have many questions after a brain injury. Our lawyers answer frequently asked questions below and can answer specific questions about your case at a free consultation.
- How do I know if I have a valid brain injury claim?
Whether you have a valid brain injury claim depends upon a number of factors, including liability, causation and damages. Searcy Denney analyses your claim for free and advises you of your options for recovery compensation.
- Is there a deadline for filing a brain injury lawsuit?
Yes, Florida law establishes a clear deadline for filing a lawsuit for personal injury. In most cases, the statute of limitations is four years after your accident; although other much shorter limitation periods could apply. It is essential you consult with a personal injury attorney concerning these limitation periods, even if you think the statute of limitations has expired.
- Will my brain injury case go to trial?
Most personal injury claims settle before trial. But, your lawyer’s willingness and preparedness for trial can bolster your success during settlement negotiations. Also, your lawyer should be ready to take a claim to trial if the defendant refuses to agree to a fair settlement.
- The defendant offered me a settlement, should I take it?
Sign nothing until you have spoken to an experienced personal injury lawyer. Defense counsel often offer low settlements while the plaintiff is vulnerable. If you accept, you waive your rights to pursue additional compensation even if you discover your head injuries are much worse than you thought.
- Will I receive money for wages I could have earned throughout my career?
When calculating your damages, our attorneys consider the impact that your head injury is likely to have on your future earnings. We consult with medical doctors, industry experts, economists and financial planners who help us construct a clear picture of your lost work potential.
- As a caregiver of person with brain injury, do I have the right to damages?
As a family member, you may have the right to recover damages associated with your losses resulting from your loved one’s brain injury.
- How do I determine what my case is worth?
Because every case is unique, our attorneys must make a full assessment to determine value. We candidly explain your rights and potential outcomes at your free case evaluation.
- Will civil damages jeopardize my Social Security benefits?
Unfortunately, plaintiffs often discover too late that their large settlement has made them ineligible for Social Security benefits. If appropriate, our attorneys can set up funding vehicles, such as special needs trusts, that can sometimes help to protect your government benefits.
- What if I cannot afford to hire an attorney?
Searcy Denney’s contingency fee policy allows you to pursue your legal rights risk-free. You do not owe us lawyers’ fees or costs until we recover damages for you.