If you or a loved one has a brain injury as a result of someone else’s carelessness or recklessness, discuss your case with a qualified West Palm Beach brain injury attorney and learn how we can help during a free consultation at LaBovick Law Group.
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A traumatic brain injury is caused by trauma to the head or skull, such as a blow or jolt to the head in an accident. An acquired brain injury, on the other hand, is the result of the loss of blood or oxygen to the brain. Both types of brain injuries can cause brain cell damage and death, leading to life-altering and often permanent brain damage.
Some of the most common accidents that cause brain injuries in West Palm Beach are:
Most brain injuries are preventable. They occur when one or more parties are negligent. The definition of negligence in personal injury law is a careless action or failure to act that falls short of the accepted level of care. If someone was negligent and caused your accident, the law may entitle you to financial compensation from that person. Learn more by speaking with a West Palm Beach personal injury lawyer experienced in handling traumatic brain injury cases.
If your West Palm Beach brain injury lawyer succeeds in proving your brain injury case, you can recover financial compensation for many past and future losses. These may include:
The value of your brain injury claim will depend on many factors, including the severity of the brain injury and its foreseeable impact on your future. Find out how much your case is worth during a free consultation with a brain injury lawyer.
Unlike other types of injuries where an individual will likely make a full recovery, brain injuries must be handled differently. It is not uncommon for brain injury victims to suffer from significant long-term signs and symptoms that affect their day-to-day lives. These long-term signs and symptoms can affect not only the injury victim, but also their family members. If a person suffers from a physical or cognitive disability as a result of the brain injury, this can affect their quality of life as well as their ability to work.
When working to consider all costs of a brain injury, it is important to look at how much medical care a person will need moving forward. This is not always predictable because there is no way to know how a person will respond to current treatment and what type of treatment they will need in the future because of the brain injury.
Additionally, calculating lost income is crucial. If an individual can no longer work or can only work in a limited capacity because of their brain injury, it is important for them and their family to receive compensation for these lost wages.
If you are worried about how you will be able to afford an attorney to help with your brain injury or your loved one’s brain injury, you can count on the team at LaBovick Law Group. We handle West Palm Beach brain injury cases on a contingency fee basis. This means that our clients will not pay any legal fees until after we secure the compensation they are entitled to. There will be no upfront or out-of-pocket costs related to the case. If we do not win, you will not pay us a dime in legal fees.
If you or somebody you love sustains a brain injury caused by the actions of another individual or entity, there are steps that you can take immediately to increase your chances of recovering and securing any compensation you may be entitled to. We understand that the aftermath of a brain injury in Florida can be chaotic, and it may not be possible to take all of these steps in this exact order. However, we do recommend that you take as many of these steps as possible so that you can get your potential injury claim moving in the right direction.
Find out whether you or a loved one has grounds for a brain injury claim during a free consultation with one of our attorneys. The West Palm Beach brain injury lawyers at LaBovick Law Group can listen to your story and let you know if your case has merit. If so, we can help you take the steps to file a claim and hold the responsible party accountable. Contact us today for a free case review at no obligation to hire us.
Brain injuries often cause long-term symptoms and life-changing health complications. For this reason, it is important to hire an attorney to represent you. Otherwise, you may accept less than you deserve from an insurance company. Your lawyer will use aggressive legal tactics to negotiate for maximum financial compensation on your behalf.
Although no amount of money can make up for a brain injury, a successful case can make sure you have what you need to take care of your family and get justice for you or a loved one. A West Palm Beach brain injury attorney can also handle the many aspects of your case while you focus on recovery. This includes investigating your accident, gathering evidence, and proving your case against one or more parties.
Obtaining justice and monetary recovery for a brain injury in Florida takes you or your West Palm Beach brain injury attorney proving that one or more parties – known as the defendant(s) – caused your injury. This takes clear and convincing evidence that demonstrates four elements:
The burden of proof for a brain injury claim in Florida is a preponderance of the evidence. This is enough evidence to show that the defendant more likely than not caused your injury.
One tactic commonly used by insurance carriers and at-fault parties to reduce how much money they pay is to blame the injury victim for causing their own injuries. Even though this could play a role in lowering the compensation amount, it is crucial to understand that Florida operates under what is called a “pure comparative negligence” system for most personal injury claims.
What this means is that an individual can still recover compensation regardless of how much fault they had for the incident, even up to 99% of the fault. However, the total amount of compensation an individual receives will be reduced based on their percentage of fault. For example, if an individual slip and falls on a recently mopped floor in a department store and sustains a brain injury, and there were no “wet floor” signs present, they may be able to file a personal injury lawsuit against the store to recover compensation. Let us suppose, for this scenario, the individual incurs $100,000 worth of medical bills and other expenses.
However, what happens if the department store says that the injury victim is partially responsible for causing their injury because they were looking at their cell phone screen and taking a selfie when the incident occurred, and they would otherwise have seen the wet floor?
For the purposes of this scenario, let us assume that a jury assigns 30% of the fault to the injury victim. In this situation, the injury victim will receive $70,000 instead of the full $100,000 to account for their percentage of fault.
