Can I File a Traumatic Brain Injury Lawsuit?
Personal injuries suffered in an accident can range from slight to devastating. Any sort of injury to the brain would be considered among the more serious of all injuries.
Traumatic brain injury (TBI) can be caused by a variety of different accidents involving blunt force trauma, and the consequences are often drastic. Taking action in a civil suit against the party or parties responsible for you or your loved one’s damages can help. Wondering if you can file a traumatic brain injury lawsuit? Find out how it works below.
Damages Awarded in Traumatic Brain Injury Lawsuits
When traumatic brain injury causes disruptions in your life, you know it’s time to take action. Filing a claim for damages against the responsible party could set you on a path to recovery. The scope of compensation available to you will depend on the nature of your injury and the accident that caused it. Some damages commonly awarded in TBI cases include:
- Doctor’s bills
- Emergency medical bills, including ambulance and/or emergency room fees
- Physical therapy
- Psychological services
- Emotional damages, including pain and suffering
- Lost income
- Loss of vocation
- And others
Damages can be both economic and non-economic in nature. The more intangible ones, such as pain and suffering, are often calculated in a formula as a product of the sum of your actual damages.
Negotiating a Settlement or Filing a Claim for Your Traumatic Brain Injury
You might be surprised to learn that the majority of personal injury litigants—TBI victims included—don’t normally rush off to the courthouse to file a formal lawsuit without first trying to settle damages out of court.
For many cases of personal injury, this involves submitting a claim with the insurance company of the responsible party, as well as a demand letter detailing your proposed terms for settlement.
Although it is sometimes difficult to negotiate with the insurance company directly—making a formal lawsuit inevitable—both parties often view a settlement as preferable to the emotional and actual costs of going to court. An experienced attorney can help you to negotiate the best deal possible.
Statute of Limitations for Florida Personal Injury Lawsuits
The statutory deadline for filing a personal injury claim in the state of Florida is generally four years. Although this is a relatively generous timeline compared to other states, failing to take action in time could bar you from recovering damages, no matter the strength of your case or the extent of your injuries.
Contact a Traumatic Brain Injury Lawyer in West Palm Beach
Following a diagnosis of traumatic brain injury, it’s never too early to take action. Sadly, for some victims, it can be too late, due to the statute of limitations. If you’re worried about the impact of legal timelines for your case, letting one of our experienced lawyers from The Law Offices of Casey D. Shomo review your case is a good place to start.
Contact a traumatic brain injury lawyer from our firm today at 561-659-6366 or by filling out the form below.