Traumatic brain injuries (TBIs) can occur when a blow to the head or other trauma causes damage to the brain, often resulting in long-term neurological impairment. If you or one of your loved ones sustained such a severe condition, it can be pervasive and affect all aspects of life.
While there might be nothing that you or even the most skilled catastrophic injury attorney can do to erase the damage done, you do have rights under the law if you suffered a brain injury caused by the negligence or wrongdoing of another person or entity. An experienced St. Augustine traumatic brain injury lawyer could evaluate the intricacies of your claim, inform you of your rights and options, and help you pursue monetary compensation in civil court.
Proving Negligence Related to a Traumatic Brain Injury
Injury victims seeking compensation for a traumatic brain injury must be able to sufficiently prove that the defendant(s) in their case acted carelessly, and that their negligence directly contributed to or caused the accident that resulted in the injury. Courts often require plaintiffs to present specific types of evidence in a particular manner and in accordance with stringent legal rules.
Before an injured plaintiff can present evidence to the court, they must first gather it. However, finding proof that the defendant’s negligence was the direct cause of a traumatic brain injury is often far from simple, and evidence may vary significantly depending on the facts and circumstances of the accident. In some cases, a thorough investigation must be conducted by a St. Augustine TBI attorney in order to obtain police records, analysis and opinions from experts, witness interviews, and more.
How Comparative Fault Could Impact Recovery
In some TBI cases, the defendant may try to limit their legal liability by claiming that the plaintiff was partially responsible for the accident. Fortunately, Florida Statutes §768.81 allows victims of traumatic brain injuries to recover even if they were partially at-fault for the accident.
Florida adheres to a comparative negligence standard for personal injury cases. This means anyone who bears any fault in causing injury or property damage can be held financially responsible, including the injured party. If a defendant proves comparative fault on the part of the plaintiff, the plaintiff’s recovery could be reduced by the percentage of fault apportioned to them.
Calculating Damages in St. Augustine Traumatic Brain Injury Cases
Traumatic brain injuries can range in severity greatly, and an injured victim might need to seek compensation for anything from a mild concussion to a severe injury that results in permanent disability. The severity of the victim’s brain injury can play a large role in the overall calculation of settlement value and may be one of the main factors to consider during the litigation process.
Because TBIs can be so far-reaching, not to mention permanently harmful, recoverable damages are often extensive. Some common injuries and losses that a traumatic brain injury lawyer in St. Augustine could work with a plaintiff to recover for include:
- Lost wages
- Medical bills
- In-home care
- Future medical and care-related expenses
- Diminished quality of life
- Past and future pain and suffering
- Loss of affection, moral support, and companionship
In certain cases, punitive damages may be available. These damages also involve payment to the victim but are specifically intended to punish the wrongdoer and deter others from performing similar actions. Punitive damages generally apply when there is gross negligence or intentional misconduct involved in a defendant’s actions or failure to act.
Let a St. Augustine Traumatic Brain Injury Attorney Help
If someone causes you to suffer a traumatic brain injury intentionally or as a result of negligent actions, they can be held responsible for compensating you for any health issues and personal losses that result. A skilled St. Augustine traumatic brain injury lawyer could help you assess whether someone was to blame for causing your injury and aggressively fight for compensation to which you may be entitled. For an initial case evaluation, call today.