Florida Brain Injury Lawyers, Elements of a Claim | Searcy Denney

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Elements of a Brain Injury Claim


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Elements of a Brain Injury Claim

Florida statutes and tort laws establish the elements of a personal injury claim. To win damages at trial, you must prove each element by a preponderance of the evidence, meaning it is more likely than not.

Searcy Denney was founded more than 40 years ago to help injured people throughout Florida recover damages. Our Florida brain injury lawyers have the knowledge and resources to recover the maximum possible damages in your brain injury claim.

Establishing Liability

The defendant’s liability may be based on a number of theories in which a clear duty of the corporation or professional exists, such as:

  • Premises liability. The commercial property owner had a duty to inspect the premises, repair defects, and warn you of dangers. The owner may be held liable for injuries you sustained as a result of a perilous property condition for which you were not warned.
  • Products liability. The manufacturer had a duty to design and make a safe product that is free from defects, and to provide you with appropriate warnings and instructions for use. The corporation may be held liable for injuries you sustained while using the product as intended.
  • Medical malpractice. Your doctor had a duty to provide you with a reasonable standard of care expected of a similarly situated professional. She or he may be held liable for an act or omission that deviated from the expected standard of care.

Florida’s no-fault auto insurance law requires your insurance company to pay for your medical care after a car crash. You are entitled, therefore, to compensation without proving liability of another party. Nonetheless, you may choose to sue a negligent driver for additional damages not covered by your insurance policy.


Causation refers to the link between a corporation or an individual’s actions and your injuries. The defendant may only be held liable for injuries it caused. A defendant that is partly at fault is liable for the percentage of its liability under Florida comparative negligence doctrine.

Common defense strategies include putting the blame on you for your injuries, or on a third party. The defendant may claim you had a pre-existing head injury before the accident or that your negligence caused or exacerbated your injuries.

To counter these tactics, our plaintiffs’ team gathers evidence of your pre-accident health and creates a timeline of your TBI from the date of the accident through recovery. Our lawyers carefully construct a causation argument that clearly reflects the correlation between the defendants and your head injury.


Damages refer to your losses. Economic damages may be actual out-of-pocket financial losses, such as lost wages, medical bills and expenses related to your injury, and may be anticipated financial losses, such as future medical care and diminished earning capacity. Noneconomic damages are “human damages from pain, suffering, disability, loss of consortium and other similar damages.”

Florida comparative negligence laws assign percentage of damages according to each party’s liability. For example, if a negligent property owner is found to be 90 percent liable for a dangerous condition that contributed to your fall, the company owes 90 percent of the total damages. In the case of a $100,000 claim, the company would owe you $90,000.

Recover Damages in Your Brain Injury Claim

Learn what you need to prove to win compensation from the corporation or the individual responsible for your head injuries. Schedule a free, no-risk consultation with our experienced Florida brain injury attorneys at Searcy Denney. Because we handle your TBI claim on contingency, you do not owe us anything until we recover damages.

Our Fee Promise: No Recovery, You Owe Us Nothing.

A Florida personal injury firm ready to fight for you.

Call us: 800-780-8607free initial consultation

West Palm Beach

Searcy Denney 2139 Palm Beach Lakes Blvd.
West Palm Beach, FL 33409-6601
Toll-free: (800) 780-8607
Phone: (561) 686-6300
En Espanol: (800) 220-7006


Searcy Denney The Towle House, 517 N. Calhoun St.
Tallahassee, FL 32301-1231
Toll-free: (888) 549-7011
Phone: (850) 224-7600
En Espanol: (800) 220-7006

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Personal injury attorneys ready to fight for you.

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Our Fee Promise: No Recovery
You Owe Us Nothing.

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