Personal Injury Claims Involving Brain Trauma: 5 Key Considerations for Patients and Families in Florida

Brain trauma is a serious risk associated with all types of accidents. While brain trauma can have life-altering effects for accident victims, it can also impact family members’ lives in many ways. Not only can long-term care be incredibly expensive, but living with the effects of brain trauma can also have a variety of practical and emotional impacts on a day-to-day basis. Each Florida injury lawyer at our firm is intimately familiar with the effects of brain trauma, and we know how critically important it can be for victims and families to recover the financial compensation they deserve.

What Brain Trauma Victims and Their Loved Ones Need to Know

For victims and families who are facing the long-term effects of brain trauma, there are several important considerations to keep in mind as they work to move forward. Here are some key insights from a skilled Florida injury lawyer at Searcy Denney:

1. The Costs Associated with Traumatic Brain Injuries (TBI) Can Be Substantial

The costs associated with traumatic brain injuries (TBI) can be substantial—and they can start adding up very quickly. The costs of diagnosis alone can be in the thousands of dollars, and, for accident victims who need emergency care, their costs can quickly skyrocket into the tens of thousands of dollars (if not more).

For those who need long-term care due to severe brain trauma, their injuries could lead to millions of dollars in medical costs over their lifetime. Severe brain trauma can lead to loss of earnings and other out-of-pocket costs as well, and this can make the costs of victims’ injuries insurmountable without financial help.

2. Brain Trauma Can Have Substantial Non-Financial Impacts As Well

Beyond their financial consequences, traumatic brain injuries can also have a variety of day-to-day effects for victims and their families. The scope and severity of these effects will depend on the nature and severity of the victim’s TBI. Broadly speaking, the day-to-day effects of living with brain trauma can include:

• Anxiety and depression
• Emotional distress
• Loss of cognitive abilities and motor control
• Loss of companionship and society
• Loss of consortium, services, and support
• Loss of enjoyment of life
• Physical pain and suffering

These effects, among others, can have profound impacts on accident victims’ and their family members’ lives. Even if living with the effects of brain trauma seems manageable initially (though, in many cases, it will not), over time, the aggregate effects can become difficult to bear. As we discuss in greater detail below, when seeking financial compensation for a traumatic brain injury, it is critical to seek compensation not only for the victim’s and eligible family members’ financial losses, but for their non-financial losses as well.

3. Brain Trauma Victims and Their Families Can Seek Compensation in Many Cases

In Florida, brain trauma victims and their families can seek financial compensation in a wide range of circumstances. Broadly speaking, filing a claim for a TBI requires proof of one of the following:

• Negligence – Most TBI claims involve negligence, which can take many forms. From negligence behind the wheel to negligence in the emergency room (ER), victims and their families can pursue negligence-based claims in numerous types of cases.
• A Hazardous Property Condition – Hazardous property conditions can also serve as grounds for seeking compensation for traumatic brain injuries. Slippery floors, dangerous construction sites, and dangerous swimming pools are just a few examples of numerous potential hazards that can lead to brain injuries that could (and should) have been prevented.
• A Product Defect – Product defects can cause brain trauma due to failures, explosions, and other issues. When a defective product is to blame for an accident victim’s brain trauma, the manufacturer can be held fully accountable under Florida law.  

When filing a TBI claim, it is critical to seek the full damages available. This includes damages not only for the victims and eligible family members’ losses to date, but also for their anticipated future losses. In cases involving serious traumatic brain injuries, victims’ and families’ future losses will typically far exceed the losses they have already incurred—and recovering full compensation can be essential for managing their costs long-term.

4. There Are Several Important (and Challenging) Steps Involved in Filing a TBI Claim

Filing a TBI claim is a multi-step process. Given the complexity of the process and the importance of securing full compensation, working with a team of experienced Florida injury lawyers is essential.

Seeking just compensation starts with conducting an investigation. The purpose of this investigation is to identify the party that is legally responsible for the accident. Once it is clear why the accident happened and who (or what company) is to blame, then the focus shifts to calculating the damages that the victim and the victim’s family can seek to recover.

In most cases, seeking just compensation involves dealing with the at-fault party’s insurance company. But, going to court may prove necessary in some cases. An experienced injury lawyer will be able to provide effective representation at all stages of the process and offer the advice and insights that victims and their loved ones need to make informed, confident decisions.

5. It Costs Nothing Out-of-Pocket to Hire an Experienced Injury Lawyer

When you need to file a claim for accident-related brain trauma, you can hire an experienced injury lawyer to represent you at no out-of-pocket cost. If your claim is successful, your legal fees will be deducted from your settlement or verdict. Otherwise, you will pay nothing.

Schedule a Free Consultation with a Knowledgeable Florida Injury Lawyer at Searcy Denney

If you need to know more about filing a personal injury claim for a traumatic brain injury (TBI) in Florida, we strongly encourage you to get in touch. To schedule a free consultation with an experienced Florida injury lawyer as soon as possible, call 800-780-8607 or tell us how we can contact you online now.