Recovering Damages in FL After a Brain Injury

One thing is certain in life: You’re going to face challenges. But for victims of traumatic brain injury, the challenges on their plate may be more weighty than others.

A brain injury can impact your entire life and drive up healthcare costs, too. That’s why many people who have suffered a brain injury at the fault of another person look for legal remedies to help pay for all the costs associated with the injury – as well as ways their life has been irrevocably changed in the process.

Here is what you need to know about recovering damages from brain injuries in the state of Florida.

What Is a Traumatic Brain Injury?

A traumatic brain injury is an injury that impacts the tissue of your brain. It can be caused by a variety of things. No matter the cause, these types of injuries can cause dramatic changes to a person’s life.

Traumatic brain injuries can be mild, where the cells of the brain are affected temporarily – or they can be serious, where the tissue of the brain is harmed in a way that cannot be repaired. These types of injuries can cause complications in the long term and even death.

What Can Cause a Brain Injury?

Traumatic brain injuries occur for a variety of reasons. You may be able to file a claim if the cause of your accident was due to the negligence of another person, such as:

Slip and Fall Accidents

If you slip and fall and hit your head, then you are at risk for a brain injury. If there were hazardous conditions on a property that led to your injury, then the person who owns the property can be liable for your injuries. That’s why working with an experienced attorney is important. They can help you understand when someone may be liable for the accident that caused your injury.

Car Accidents

Another common cause of brain injuries is car accidents. In many instances, you can sustain damage to the brain from the sudden deceleration of the vehicle in the accident or hitting your head during the crash.

You may be able to seek financial compensation for your injuries in situations where the other driver was negligent, and that negligence was the direct cause of your injuries – or there were defects in the road or the vehicle that caused the accident.

Assault

Assaults with weapons or physical fights can also lead to brain injuries. You can pursue a claim against another for causing your injury under Florida law, but it’s not very likely that you’ll actually obtain compensation this way. The route many experienced attorneys take is to pursue claims via a third party – for instance, you could sue the venue where the assault occurred for having inadequate security.

Medical Malpractice

There are many complications that can occur when a person is treated by a medical professional for a brain injury. Under the law, medical professionals owe a duty of care to their patients. If they fail to deliver that duty, and it causes your injury, then you may have a case.

Working with an experienced attorney on your brain injury case is a must – they understand the laws in Florida that govern your case, and they have practical experience in recovering damages in similar circumstances. If you’ve been injured, then make sure to consult with an attorney.

About the Author:

Andrew Winston is a partner at the personal injury law firm Winston Law. For over 20 years, he has successfully represented countless people in all personal injury cases, focusing on child injury, legal malpractice, and premises liability. He has been recognized for excellence in representing injured clients by admission to the Million Dollar Advocates Forum and named one of America’s Top 100 High-Stakes Litigators. Mr. Winston is AV Preeminent Rated by the Martindale-Hubbell Law Directory, enjoys a 10.0 rating by AVVO as a Top Personal Injury Attorney, and has been selected as a Florida “SuperLawyer” from 2011-2022– an honor reserved for the top 5% of lawyers in the state – was voted to Florida Trend’s ”Legal Elite,” recognized by Expertise as one of the 20 Best Fort Lauderdale personal injury attorneys, named one of the Top 100 Lawyers in the Miami area for 2015-2022, and one of the Top 100 Lawyers in Florida for 2015-2017 and 2019-2022.