A third of injury-related deaths result from traumatic brain injuries. And if you are lucky to survive the accident, the chances are that you will need assistive care, rehabilitation, and extensive treatment. Victims don’t have to bear the financial burden by themselves when the incident leading to the injuries resulted from another person’s carelessness.
In Miami, compensation is available for victims who can bring evidence linking an individual or an organization to their TBI. Personal injury lawyers in Miami can take over this role and relentlessly fight for your rights.
Who Can Be Held Responsible for a Miami TBI Resulting From Negligence?
Knowing the parties that are responsible for your TBI is critical in successfully claiming compensation. Once your legal team identifies the corporation or individual that acted negligently, it will be easier to build the personal injury claim and get the maximum possible compensation.
Commercial property owners are responsible for doing regular inspections on their premises, repairing defects, and placing warning signs when there are possible dangers. If you get a TBI in a building that is in a dangerous condition with no warning signs, the owner could be held liable.
Manufacturers have a role in designing and making products that are safe and free from defects. They should also attach usage instructions and give appropriate warning signs. If you use a product with serious flaws, the manufacturer might be responsible for paying damages.
Doctors have a standard duty of care to uphold while dealing with patients. If the physician’s act or omission deviated from this requirement, they could be held liable for your injuries.
What Does It Take to Win a TBI Personal Injury Case?
The court can only award you compensation if there is a direct link between your brain injuries and the acts of an individual or corporation. And according to the doctrine of comparative negligence, the defendant will only be held responsible for their contribution to the injury. For instance, if they were partly at fault, they would only pay for their percentage of negligence.
Note that the defendant might try to shift the blame from themself by blaming you or a third party. They could claim that your negligence caused or exacerbated the injuries, or that you had an existing brain injury. You will need Miami traumatic brain injuries attorneys to counter such tactics. It could involve gathering evidence of your health before the accident and creating a timeline of your TBI from the time of the accident.
What Damages Can I Recover for my Miami Traumatic Brain Injury?
If you, your spouse, a friend, or a relative has sustained a traumatic brain injury, Miami traumatic brain injury attorneys can use their expertise to help in the recovery of losses.
These include out-of-pocket financial expenses related to brain injury and anticipated losses in the future. In this category, you might recover compensation for:
- Diminished earning capacity
- Future medical care
- Medical costs and bills
- Lost income
These are the damages for human suffering that don’t involve financial expenses. They do not have a specific value, and the compensation may vary from case to case. It could include:
- Loss of consortium
With proper and aggressive representation, you can receive both the economic and non-economic damages in full. And if you are entitled to $100,000, a building owner that was 90% at fault for creating a dangerous condition will be required to pay you $90,000. The good thing is that, Miami traumatic brain injury attorneys won’t require you to pay legal fees until you recover this compensation.
Another essential point to note, is that government agencies put a cap on how much one can recover from a personal injury lawsuit. If you are suing more than one agency, the cap is placed at $300,000 and $200,000 if it involves one agency or government employee.
Is There a Time Limit for Filing a Claim in Miami?
Lawsuits for personal injuries in Florida have a clear timeline. Your case might not be heard if the statute of limitations period lapses before you file. The countdown usually begins from the day that the accident occurred.
Victims normally have four years to file, but the period might be shorter in certain circumstances. If you are filing against a government institution, you have three years to file, but you have to notify the agency first and give them up to 180 days to investigate.
If the usual statute of limitation has lapsed n you, consider speaking to Miami traumatic brain injuries attorneys to find out if you have options. For example, if it took a long time for you to discover the injuries, you could get an extension.
Medical malpractice lawsuits also have a shorter timeline, which is two years from the time the injury is discovered or ought to have been discovered. If four years lapse from the time the malpractice took place, you might not be allowed to file the case. However, you can be allowed to file past the four years’ deadline if:
- The victim of the malpractice was below eight years when it happened
- Fraud was involved in covering up the incidence
Remember to serve a medical provider with a notice of your intent to sue before taking the case to court. The whole process is complicated, and it is advisable to ask for the help of an experienced Miami attorney.
A Top Law Firm Helping Clients Get Maximum Compensation
Motor vehicles accidents, falls, acts of violence, sporting activities, and medical malpractices can result in injuries to the brain. And managing the emotional, physical, cognitive impairments that come with such injuries is quite expensive.
The road to recovery for victims would be more bearable if they get monetary compensation. At Lipcon & Lipcon, we give our clients the aggressive representation they need to win a personal injury case. Our job is to fight for the maximum compensation possible. Get started today by scheduling a FREE consultation with us.