Experienced Brain Injury Lawyers in Florida
Have you suffered a traumatic brain injury (TBI) following an accident? If so, you may be entitled to compensation. At Searcy Denney, our knowledgeable brain injury lawyers in Florida fight for your right to damages.
Our personal injury law firm is comprised of attorneys with more than 40 years of experience. We focus on this area of law so that we can provide unparalleled dedication of resources, experience and attention to personal injury recovery. We handle high-stakes, complex personal injury claims, including class action, multi-district litigation (MDL) and mass tort claims. We understand the intricacies of such complicated medical conditions as brain injuries and have refined our processes for investigation, preparation and proof of these claims. Our team regularly takes on big corporations, including hospital conglomerates, products manufacturers, large corporate retail stores and other negligent parties.
Let us help you obtain justice. Contact us today to discuss your rights and legal options during a free, confidential consultation.
Elements of a Florida Brain Injury Claim
Florida statutes and tort laws establish the elements of a personal injury claim. To recover damages at trial, you must prove each element by a preponderance of the evidence, meaning it is more likely than not.
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.
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 Florida brain injury lawyers carefully construct a causation argument that clearly reflects the correlation between the defendants and your head injury.
Damages Pursued by Brain Injury Lawyers in Florida
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.
What Are the Consequences of a Brain Injury?
Brain injury is a leading cause of disabilities and fatalities nationwide, accounting for almost one-third of all injury-related deaths. Approximately 2.5 million people sustain a head injury every year in the United States, resulting in about 50,000 deaths, according to the Centers for Disease Control and Prevention (CDC). About 5.3 million people currently live with a brain injury-related disability.
Survivors of brain injuries often have serious disabilities that require extensive treatment, rehabilitation and assistive care. Severe TBIs, for example, may result in lifelong serious impairment to cognition, judgment, memory, physical function and behavior. In the worst cases, patients may be brain dead, in a vegetative state or a coma.
Medically mild TBIs may cause temporary disabilities and can result in serious complications, especially in individuals who sustain repeated concussions or successive concussions. Overall, the costs of treating and caring for TBI survivors are high, typically ranging from a low of $600,000 to as much as $40 million or more. The emotional costs are even greater.
Our Brain Injury Lawyers Also Help Victims of Traumatic Brain Injuries
Traumatic brain injuries (TBI) contribute to nearly one-third of injury fatalities. TBIs can occur at your home, workplace, car and in public places, such as retail stores, office buildings, sports arenas or your child’s school. In addition, brain damage may result from a defective product, a medical mistake, an unsafe premise, or an act of violence.
Searcy Denney can investigate the cause of your TBI and pursue damages from the individual or corporation that is responsible. Our Florida personal injury lawyers draw on 40 years of experience, our extensive resources and our substantial network of experts to prove the cause of your head injury and recover the damages to which you are entitled.
Medical Classification of Mild TBI
Most traumatic brain injuries are classified as medically mild. To properly classify your injury, your doctor typically performs a series of diagnostic tests and assessments. Your doctor may classify your TBI as mild if:
- The Glasgow Coma Scale (GCS) estimates are within the range of 13 to 15 points
- Unconsciousness lasts for less than 30 minutes
- Posttraumatic amnesia (PTA) improves
- Disability Rating Scale (DRS) score is low
- Functional Independence Measure (FIM) is high
TBI Liability and Damages Explained by Our Brain Injury Lawyers
In order to prevail on a TBI claim, you must prove each element of your claim. Searcy Denney fully investigates what happened, who is liable, what injuries you sustained, and how much damages you are entitled to.
Our Florida brain injury lawyers gather crucial evidence as to the cause of your TBI and the liability of the negligent individual or corporation, including for an auto accident, premises liability, defective product or violence accident. We have access to top brain injury experts who consult on diagnoses and the immediate symptoms and long-term disabilities caused by your TBI.
We pursue damages for brain injury treatment, lost income, disabilities, TBI-related expenses, pain, suffering and emotional distress. If your loved one sustained a severe brain injury, we pursue damages you sustained as well as those of your family member.
Our goal is to help you recover the funds you need to obtain quality medical treatment and rehabilitation and to improve your quality of life as much as possible.
Our Florida Brain Injury Lawyers Answer Your Top Questions:
While we certainly can’t provide any medical advice, as some of the leading brain injury lawyers in Florida, we know some of the concerns you may have. Below are some answers to brain injury FAQs.
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 analyzes 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 two 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 brain injury lawyers 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 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 brain 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 brain injury 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 a TBI attorney in Florida?
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. Give us a call and let us get started working on your case.
Learn More About Recovering Damages From Some of the Top Brain Injury Lawyers in Florida
Searcy Denney has represented Florida accident victims in complex cases involving brain injuries for more than four decades. Learn how we can help you recover damages from the person or corporation that caused your brain injuries. Your first consultation is free and our law firm takes your claim on contingency, which means you do not owe us lawyers’ fees or costs until we have successfully recovered damages for you through a settlement or a trial verdict. Call our Florida personal injury lawyers today at (800) 780-8607 or contact us online to schedule a case evaluation.