BRAIN INJURY VIDEO FAQs
Are there alternatives to going to court in a Florida brain injury case?
There are alternatives to going to court in a brain injury case. If you have a claim, the claim needs to be investigated, and the responsible parties need to be investigated. And many cases after that investigation and your treatment can be resolved through a settlement. Most cases, in fact, are resolved through a settlement. So, yes, there are alternatives to filing that lawsuit.
Are there time limits to sue for injuries in a Florida brain injury case?
There are time limits to sue for injuries in a brain injury case. It depends upon what kind of injuries you have and also depends upon who caused those injuries. First of all, if the person who has the brain injury survives, generally that is a four year statute of limitations. If however, the person who suffers the brain injury dies as a result of that injury or others in the accident, it would become a two year statute of limitations under the wrongful death statute. Now, it also can be affected by who has injured you. If it was a doctor who injured you or a medical facility, that is a two year statute of limitations and there are some time limits that you want to contact an attorney immediately for, for that. If it was a municipality or a government entity, that is a three year statute of limitations. So, the most important thing to do if you feel you’ve been injured or somebody you love has been injured and has a brain injury, is to call an attorney right away so that you can discuss the facts of your case and can determine when you need to take action.
Can I claim compensation if I have suffered a brain injury?
The first thing you need to do if you think you’ve suffered a brain injury because of an accident is talk to an attorney. They will be able to evaluate your case, find out the facts, the circumstances to see if there’s a chance that you have a case. Then, they can discuss with you further your injuries and help you get treatment. But, the first thing you need to do is talk to an attorney so you know your rights, and you know whether you may or may not have a claim.
Can I file a brain injury lawsuit on behalf of a loved one?
If you’re wondering whether you can file a brain injury lawsuit on behalf of a loved one, it’s going to depend upon your relationship with the loved one. You do need to talk to an attorney, because if the person suffering from the brain injury doesn’t have the legal capacity to act on their own, then certain court documentation needs to be put in place before you can bring that action. So, the most important thing to do if you think one of your loved ones has suffered from a brain injury is to contact a qualified attorney and find out your rights.
How important is it to have an attorney that specializes in brain injuries?
It’s very important if you have a brain injury personal injury claim to find a lawyer and hire a lawyer who has specialized knowledge in this field experience. Brain injury can be very complicated. It involves many medical specialists, neurologists, neuropsychologists, neuroradiologists, and the brain is very complex and so that you have to have a lot of testing done and you have to understand the ramifications of the cause of the brain injury and how it affects the person the person for the rest of their life, so I believe it’s very important if you have a brain injury case to retain the services of an attorney who is experienced in that field.
How long do I have to file a Florida brain injury case?
How long you have to file a Florida brain injury case depends upon the facts of your case. First of all, if the person who suffered the brain injury due to the negligence of another passes away, the Florida Wrongful Death Act comes into play and the statute of limitation for that is two years. Generally, on a personal injury type of case, where the person is still alive but was injured, that statute in Florida is four years, but in cases where there’s a government entity or other particular entities involved, it can be different timeframes. The most important thing to do if you think you’ve been injured or have a brain injury is to call an attorney right away so you can find out your rights.
How quickly should I contact an attorney in a Florida brain injury case?
If you suspect that you or a loved one has suffered a brain injury as a result of the negligence of another person, you should contact an attorney right away. First of all, you have nothing to lose. There’s no attorney’s fees or costs payable to any attorney just to have a consultation. You don’t know what you don’t know. And traumatic brain injury cases can be very complex. And the documentation, the medical documentation you need to get at the first and foremost beginning of the case is critical. So contact an attorney right away.
I did not feel pain at the scene and refused medical treatment. Now, a few days later, I am in pain. What should I do?
The first thing you should do is go to a medical doctor and get checked out. It is not at all uncommon for a person who has been involved in an auto accident to not feel or experience pain until a day or two or even a week after the accident. But a very important thing to do after you’re in an accident is to make sure that you get seen by a qualified medical expert within 14 days or that may effect some of your insurance coverage.
In addition to attorney’s fees, may there be other expenses involved in pursuing a Florida claim?
In addition to attorney’s fees, there may be other expenses involved in pursuing a Florida claim. The attorney’s fees would never be paid or charged to you until and unless you make a recovery. On the other hand, while an attorney’s investigating a case or prosecuting a case for you, they will put up the money for the expenses involved in the case and then when the case resolves and there’s a recovery, you would have to then reimburse the attorney back for those fees or costs.
What are the common indicators and symptoms of a traumatic brain injury?
Some of the common indicators and symptoms of a brain injury could be the first thing which is most obvious is someone lost consciousness or lost consciousness for any period of time. But it is not necessary to lose consciousness to sustain a brain injury. Other indications would be that the person suffers from headache, bright lights bother them, blurred vision, word finding problems, memory problems. And many times, the person who suffered the brain injury doesn’t even realize they’re having these symptoms. So it’s very important for the family of that person to keep an eye out for any kind of strange symptoms, and make sure they report them to their doctor.
What are the life changing effects of a brain injury?
There are many life changing effects of a brain injury. Mostly it depends upon the severity of a brain injury. Some are completely incapacitating where the person is reliant on 24 hour care. There’s other cases that are mild traumatic brain injury that have more subtle symptoms, but they are life changing, because they effect your relationships at work, with your family, how you interact with your children, and it lasts forever and often times there’s nothing that can be done to correct it.
What does pain and suffering include?
In some cases involving personal injury, you may have a claim for pain and suffering. They are two distinct things: Pain is the pain you, as the injured person, have experienced in the past, and may or will experience in the future. Suffering is the things that you’ve lost, your loss of enjoyment of life, how your life has changed, and those types of things.
What is a traumatic brain injury?
Traumatic brain injury is when the brain structures are injured due to trauma forces. Trauma can be something like a car accident, a fall, somebody being struck and their brain moving quickly. In fact, you do not have to have an impact to your head to have a brain injury. Another thing to consider with brain injury is the severity of it. Some brain injuries can be completely incapacitating, where a person would require 24 hour attended care. Other forms of brain injury which are more prevalent are mild traumatic brain injury. They are not significant enough where there was any kind of impact to the brain or the head, but they are impacting on the person’s life.
What should I do first in a Florida brain injury lawsuit?
The first thing you should do in Florida brain injury case is to seek medical advice. And if you feel that you may have a claim because your brain injury was due to somebody else’s fault, then you need to call a qualified lawyer. So the first thing that you do is not go into a lawsuit, the first thing that you do is get medical treatment, and then seek legal advice immediately thereafter so you know your rights, and you can protect them.
Who can sue for traumatic brain injury in Florida?
If somebody has suffered a traumatic brain injury in Florida, if it was caused due to the negligence of another person or company you may have a claim against that person or company. Another thing to consider in traumatic brain injury cases is that the person who suffered the traumatic brain injury has to have the legal capacity to make decisions on their own. If they have that capacity, they can go ahead and talk to a lawyer and get the ball rolling on their claim, if they don’t have that capacity they still need to talk to a lawyer because other people need to get legal documentation to be able to act on their behalf.