The brain is the center of the nervous system. An injury to such a critical organ can have serious effects on a person’s quality of life, with ripple effects on their bank account. Not only might the injury require costly medical care, but it might render the victim unable to work or earn an income. Depending on the severity of the brain injury, the victim could be left with cognition and emotional issues as well.
Did you or someone you love suffer a brain injury in Florida? If someone else is to blame, contact us and you could pursue compensation from them for your medical bills and related losses by filing a claim or lawsuit.
A West Palm Beach brain injury lawyer at Schuler, Weisser, Zoeller, Overbeck & Baxter P.A. can review your case during a free consultation. We’ll explain your legal options and offer dedicated representation if you have a valid case. While you focus on your recovery, check out our testimonials and the settlements we have won for our previous clients. Our attorneys will focus on pursuing the compensation you may deserve.
Common Causes of Brain Injuries in West Palm Beach, FL
Many different types of accidents and circumstances can result in brain injuries, including:
- Medical malpractice – Doctors who fail to provide their patients with an adequate level of medical care put them at risk of serious brain injuries. Birth injuries, failure to diagnose, and surgical mistakes are all relatively common types of medical negligence leading to brain damage.
- Motor vehicle wrecks – A traumatic brain injury (TBI) may be the result of a blow or jolt to the head. It’s not uncommon for motor vehicle collisions to cause such injuries.
- Falling accidents – A person may strike their head against the hard surface of the floor in a slip and fall or similar incident.
- Near drownings – Brain injuries can happen even when there is no direct blow to the head. Brain cell death can result from oxygen deprivation.
Our West Palm Beach personal injury lawyers can handle any of these types of cases. We have particular experience handling those that involve medical malpractice. These complex cases may require gathering substantial evidence of negligence. We can help you and your family during this difficult time by conducting a thorough investigation to gather such evidence and consulting with medical experts to understand it.
What to Do When a Brain Injury Is Also a Birth Injury
You may have grounds to file a medical malpractice claim in Florida when your child sustains a birth injury as a result of improper medical care. This could be the best way to hold a negligent medical professional accountable for their behavior and provide your child with the financial security they need to live the fullest life possible.
Additionally, you may be able to secure government assistance for the care of your child. The Florida Birth-Related Neurological Injury Compensation Association (NICA) is a fund offering financial assistance to those who have sustained catastrophic birth injuries in the state. If your child meets NICA’s eligibility requirements, you may file a claim through this program.
NICA offers financial coverage for necessary medical care and other related expenses and services. NICA coverage continues throughout the lifetime of a child who qualifies for the program. You don’t have to prove negligence when filing a NICA claim. That said, you do need to prove your child meets eligibility criteria. You may also need to prove you couldn’t secure coverage through another source, like private insurance.
Review your child’s case with a legal professional for more information. A West Palm Beach brain injury lawyer may determine the best option for seeking compensation in your circumstances.
Seeking Compensation for a Brain Injury After a Car Accident in Florida
Florida is a no-fault car accident state. Per Florida law, you must purchase personal injury protection (PIP) insurance when registering your car in the state. PIP insurance covers your medical bills and related losses after a car accident. Even if someone else caused the wreck, your insurer is responsible for compensating you.
It’s possible your insurance won’t offer a sufficient settlement to fully compensate you for your losses. If your injuries are severe enough, you can then file a separate claim or lawsuit against a negligent third party.
A West Palm Beach brain injury attorney from our legal team can help you show your injuries are severe enough to meet the necessary criteria. They may also help you gather evidence showing the crash that caused your injuries resulted from another party’s negligence.
Seeking Compensation for Brain Injuries in West Palm Beach
If someone else caused your brain injury, the process of seeking compensation from them involves the following steps:
- Identifying the party responsible for compensating you
- Filing a claim against the relevant insurance policy
- Providing evidence showing why you deserve the compensation you’re seeking
- Negotiating with the insurance company for a fair settlement
- Going to court to pursue damages if the insurance company won’t make an appropriate offer
Determining how much compensation you may be eligible for in a brain injury case is complex. In most personal injury and medical malpractice cases, you can pursue compensation for a variety of losses, including those of an economic nature, like medical bills.
A brain injury can cause lifelong impairment. You might need ongoing care if you’ve sustained a TBI. Thus, to secure compensation for economic losses, your lawyer may have to estimate the cost of lifelong treatment.
A brain injury can also cause certain non-economic losses, like pain and suffering. These losses don’t have exact dollar values. However, you may still be entitled to compensation for them.
You can’t expect an insurance company to assign a proper dollar value to your non-economic losses. Nor can you expect an insurer to correctly estimate the cost of your future care. An insurance company’s goal is to settle your case for as little money as possible, not to help you rebuild your life.
Having representation is helpful in these circumstances. A West Palm Beach brain injury attorney can fight back on your behalf if an insurer won’t offer a proper settlement.
Special Requirements for West Palm Beach Brain Injury Cases
Those who suffer brain injuries often need long-term, specialized care to treat a variety of physiological and emotional ailments. For example, a neurologist may be necessary to develop a proper treatment plan for such a patient. A neurologist’s expertise may also play a vital role in explaining the potential long-term effects of an injury to an insurance company or jury.
That’s just one example. What’s most important is understanding how special requirements may impact your case.
The Statute of Limitations for Filing a Brain Injury Claim or Lawsuit in Florida
Under Florida law, if your brain or head injuries resulted from medical malpractice, you have two years to take legal action. Technically, you have two years from the time you learned of your injuries to file a medical malpractice claim or lawsuit in Florida. However, you have no more than four years from the time of sustaining injuries to file a personal injury lawsuit.
You also have two years from the time of an accident to file a personal injury claim. You’ll waive your right to compensation if you miss the deadline.
Contact a West Palm Beach Brain Injury Lawyer Today
Navigating the legal process after a brain injury doesn’t have to be as challenging as you may fear. A West Palm Beach brain injury lawyer with Schuler, Weisser, Zoeller, Overbeck & Baxter P.A. can handle your case from start to finish. Having a lawyer on your side allows you to prioritize your health, secure in the knowledge that a seasoned professional is pursuing your case on your behalf. Learn more by contacting us online today or calling us at 561.689.8180 for a free case evaluation.