According to the Centers for Disease Control and Prevention (CDC), there were more than 69,400 TBI-related deaths in 2021.
Traumatic Brain Injury, commonly known as TBI, is a life-altering event that can result from various incidents. When someone suffers a TBI, they often face physical, emotional, and financial challenges.
Most severe accidents often result in brain injuries, leading to pay loss due to no work days. Victims even lose the ability to earn temporarily or permanently. However, depending on the severity, one can claim compensation for brain injuries from the convict or his insurance company.
The motive behind charging a compensation amount from the convict is to prevent him from causing accidents in the future and to help the victim stabilize his life. This article will guide you through the types of compensation you can file and learn why hiring a brain injury attorney is essential in Florida.
6 Types of Compensation
Traumatic brain injury compensation can encompass various types of damages, including:
- Medical Expenses
After a TBI, the immediate concern is medical expenses. Victims can seek compensation for all medical costs related to their injury, including current and future medical expenses associated with their recovery.
- Lost Wages
Traumatic Brain Injury can result in significant time away from work due to hospitalization, rehabilitation, or ongoing recovery. Florida law allows victims to seek compensation for lost wages and potential future earnings, helping ease the financial burden caused by the inability to work during recovery.
- Pain and Suffering
Victims can seek compensation for the physical and emotional distress experienced due to the traumatic brain injury. This includes the physical pain and emotional toll of the injury.
- Emotional Distress
The emotional impact of a TBI can be overwhelming, leading to conditions such as depression, anxiety, and PTSD. Compensation can be sought to cover the costs of therapy, counseling, and other mental health support needed to cope with these emotional challenges.
- Punitive Damages
In extreme negligence or recklessness by the responsible party, punitive damages may be awarded to punish the wrongdoer and deter similar behavior in the future.
- Wrongful Death Compensation
In cases where a TBI results in a fatality, surviving family members can seek compensation for medical expenses, funeral costs, loss of financial support, and emotional distress through a wrongful death claim.
Determining Liability
Before seeking compensation, it’s crucial to establish liability. In most cases, someone’s negligence or wrongful actions must have caused the brain injury. This could be a reckless driver, an employer failing to provide a safe workplace, or a property owner neglecting maintenance that led to a slip and fall. To build a strong case, gather evidence such as accident reports, medical records, and witness statements.
Legal Support for TBI Compensation
Seeking compensation for a traumatic brain injury can be complex and challenging. To navigate it successfully, you’ll need legal support. Here are the critical steps to finding the right legal help:
- Consult With A Personal Injury Attorney: Consult an experienced brain injury attorney in Florida specializing in brain injury cases. They can assess the merit of your case and guide the legal process.
- Gather Evidence: Work closely with your attorney to gather and preserve evidence, including medical records, accident reports, witness statements, and expert opinions.
- Negotiation and Settlement: Your attorney will negotiate with the responsible party’s insurance company for a fair settlement. Many cases are resolved through negotiations without going to court.
- Litigation if Necessary: If a fair settlement cannot be reached, your brain injury attorney will prepare your case for trial and represent you in court.
Statute of Limitations
You must know your state’s statute of limitations for personal injury cases. This is the legal deadline for filing a lawsuit after the injury occurs. Missing this deadline can result in your case being dismissed, so acting promptly and consulting with an attorney as soon as possible is crucial.
Conclusion
Traumatic brain injuries can significantly impact your quality of life, and seeking compensation is critical in regaining control of your life and covering the expenses associated with your injury.
With the guidance of an experienced personal injury attorney, you can navigate the legal process and work toward securing the compensation you deserve. Remember to act promptly, gather evidence, and consult with experts when needed. While the journey may be challenging, pursuing justice and financial relief is essential for your recovery and future well-being.
