3 FAQs About Car Accident Claims Involving Brain Injuries
A traumatic brain injury (TBI) can take an immense toll on your physical, emotional, and financial well-being. Not only do victims suffer a range of debilitating impairments, but many also incur substantial medical bills and experience long-term health complications.
Fortunately, as an accident victim you might be able to recover compensation for the damages you incurred. While the process of filing a claim is often riddled with legal hurdles, a skilled personal injury lawyer can help you navigate proceedings.
Let’s take a look at few common questions about traumatic brain injury claims:
1. How Can I Prove the Car Accident Caused My Traumatic Brain Injury?
Car accident victims who have suffered a traumatic brain injury tend to incur significant damages in the form of medical expenses, lost wages, and intangible losses. As such, financial awards in such cases can be substantial, with some settlements and verdicts totaling millions of dollars.
With a large sum on the line, the insurer will usually commit considerable resources to disputing your claim. During proceedings, they might assert that you suffered your injuries in a separate incident. To overcome such disputes, your lawyer might use the following evidence to demonstrate causation:
- Surveillance camera recordings;
- Dash cam footage;
- Medical records;
- Diagnostic images;
- Pictures taken at the accident scene; and
- Expert witness deposition.
2. How Much Is My Case Worth?
The value of a financial award in a traumatic brain injury case can vary based on a number of factors. As such, it’s impossible for anyone to guarantee a specific outcome for your claim. However, a skilled personal injury attorney can review your medical records and other evidence to estimate fair compensation for the damages you have incurred.
In Florida, personal injury claimants can pursue compensation for:
- Past future medical expenses;
- Lost wages;
- Loss of future income;
- Property damage;
- Replacement services such as domestic help;
- Emotional Distress;
- Loss of enjoyment in life; and
- Pain and suffering.
3. What Is the Statute of Limitations for Filing a Brain Injury Lawsuit in Florida?
In most cases, you will have up to four years from the date you suffered your injuries to bring a personal injury lawsuit for a TBI. If you attempt to file a claim outside of this timeframe, it’s likely your case will be dismissed.
However, there are a few exceptions that may grant you additional time to build a case. For instance, if you were unaware that you suffered a traumatic brain injury and/or that someone else was responsible for your injuries until long after the accident, the statute of limitations may be paused. In such situations, the clock might only start ticking from the date you were diagnosed or discovered who was responsible.
Speak to a Traumatic Brain Injury Attorney in West Palm Beach
If you suffered a traumatic brain injury in an accident caused by someone else, turn to the legal team at Donaldson & Weston to discuss your case. We handle personal injury claims on a contingency-fee basis, so you won’t have to pay attorney’s fees unless we win your case. Contact us today at (561) 299-3999 or head over to our Contact Page to book a free case assessment.