Brain Injury FAQs
After suffering a brain injury due to a car, truck, or motorcycle accident, clients typically have a number of questions about their potential claims. At the Law Offices of Keith Bregoff, our seasoned traumatic brain injury attorney in Vero Beach, FL is well-versed in the intricacies of brain injury claims and is ready and able to both answer your questions and give your case the personal attention and dedication necessary to ensure you have the strongest claim possible. Below are answers to a few questions clients often ask in their consultations.
Should I pursue a TBI claim for my injuries?
If you or a loved one suffered a traumatic brain injury (TBI) due to an accident or action caused by someone else’s negligence, you should consult with an experienced personal injury attorney to determine if a lawsuit is appropriate in your case. Brain injuries can have a serious and permanent impact on your life, your personal functionality, and your relationships, and if someone else caused that injury, they owe you compensation for the damage they have done.
I got into an accident a few years ago. Can I still sue?
It is always best to retain a personal injury attorney and begin the process of a personal injury lawsuit as soon as possible after an accident. However, even if it has been several years since your accident, you may still be able to bring a claim. The typical statute of limitations for personal injury cases in Florida is four years from the underlying accident or incident. However, you may be able to “toll” the statute of limitations and thus bring a claim later on if you can prove that you did not know, and did not have reason to know until later, that you actually suffered a brain injury. A knowledgeable personal injury lawyer can help you assess whether you are still able to bring a claim years after an accident.
What types of experts are necessary in TBI lawsuits?
TBI lawsuits can be some of the most difficult to prove, as the true damages may be future and speculative. A good TBI lawyer will bring in life care planners, doctors such as neurologists and neuropsychologists, industry experts in your field of work, and economists to help prove both the extent of your injuries and the real cost to your life the injuries will cause.
Is a concussion serious enough to sue over?
Concussions are the most common and least severe form of TBI. Clients often wonder if a “mere” concussion is worth suing over. The short answer is: Absolutely. First of all, a concussion can signal that you have actually suffered a more serious brain injury. And, even if you “only” have a concussion, concussions come with a host of short-term and potential long-term repercussions. Nausea, headaches, ringing in the ears, irritability, depression or other mood swings; all of these can occur immediately after suffering a concussion, but many have the potential to last for months following a TBI. If you have suffered multiple concussions, more severe functional limitations can come about, such as Second Impact Syndrome. If someone else’s negligence caused you to suffer a concussion, you deserve compensation.
How much can I recover in a lawsuit for traumatic brain injury?
Brain trauma can lead to some of the most severe injuries and complications. The law is meant to compensate you for those damages. It is impossible to give an average for a “typical” brain injury case as they vary widely; your damages will depend on the circumstances of your accident and the severity of your injury. Florida law allows you to recover for both economic and noneconomic damages. Economic damages include medical expenses, lost wages, and loss of future earning capacity, while noneconomic damages include things like pain and suffering, physical or mental impairment, emotional distress, and loss of companionship. A knowledgeable brain injury attorney can help you assess what damages are available and appropriate in your case.
If I had a previous brain injury, and this accident made it worse, can I still recover?
Brain injuries can compound into significantly worse conditions when they occur repeatedly. Multiple concussions, for example, if suffered in a short period of time, can lead to more severe complications. Florida personal injury law follows what is known as the “eggshell plaintiff” doctrine. This means that an at-fault defendant takes the plaintiff as the plaintiff is, even if the plaintiff is more susceptible to injury than the average person. The application of this doctrine in a particular case will vary, but a skillful personal injury attorney will ensure that the person who caused your injury is held responsible for all of the additional damage that they cause to your brain, regardless of whether you were already susceptible to more serious complications from brain injuries. The defendant was still at fault for your injury, and you still deserve compensation.
Get Experienced, Professional Legal Representation after a Traumatic Brain Injury Accident
After a Florida car, truck or motorcycle accident causes you or your loved one to suffer a traumatic brain injury, get a free consultation on your options for recovery by contacting the Vero Beach Law Offices of Keith Bregoff for a free consultation at 772-492-8967.