8 FAQs About Traumatic Brain Injury Claims in Florida
The brain is a delicate organ that plays an essential role in every vital process within the body. Even a minor brain injury can have devastating...
by Donaldson & Weston
Most athletes accept at least some risk of injury when they choose to play a sport, but there are circumstances when a person or organization can be held financially liable for harm caused by a sporting accident. If you or your child sustained a traumatic brain injury (TBI) while playing a sport, it may be possible to seek compensation for medical expenses, pain and suffering, and other damages.
The easiest way to find out if your case has merit is to speak with a personal injury attorney. In the meantime, read on to learn the answers to four FAQs about these cases:
1. Who Might Be Liable for a Sporting Accident Brain Injury?
There are several parties who might be liable for a sporting accident brain injury, such as:
2. What Kinds of Damages Might Be Available?
In the state of Florida, personal injury claimants may be able to seek compensation for the following damages:
If the liable party’s behavior was particularly egregious, punitive damages may also be awarded. However, these damages are only available in cases that involve gross negligence or intentional misconduct.
3. How Long Do I Have to File a Brain Injury Lawsuit?
In most cases, the statute of limitations for brain injury lawsuits is four years from the date on which the injury occurred. If you want to name a government entity in your suit, though, you must submit a written notice to the appropriate agency and then allow for a 180-day investigation to take place. If your claim is denied following the investigation, you’ll most likely have three years from the date of injury to file a formal lawsuit.
4. Why Should I Hire a Brain Injury Lawyer?
Although you have the right to represent yourself during the claims process, it’s wise to seek legal counsel. Brain injuries are inherently complicated, and proving their severity poses certain challenges—especially if you’re going to need ongoing medical care. A seasoned attorney will know how to demonstrate the extent of the damages, which may require testimony from medical and financial experts. Your lawyer can also handle settlement negotiations and any litigation that may follow.
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