Lawsuits alleging negligence are subject to a statute of limitations in Florida. This means that a plaintiff has only a limited amount of time to file a claim against a person or business that caused an accident.
Head Trauma Attorneys Assisting Residents of Stuart and Beyond
Living with a brain injury or being a caregiver for a family member with traumatic brain injury (TBI), a brain stem injury, or a spinal cord injury may be enormously difficult. The physical and emotional obstacles to confront are significant regardless of the cause of the injury, but knowing that your or your loved one’s brain injury was caused by another party’s carelessness may make the situation even worse. Fortunately, there is a way to seek justice against a negligent individual or business whose actions led to serious harm. The Stuart brain injury lawyers at Donaldson & Weston have helped many accident victims pursue fair compensation, and we are here to fight for your family.
Brain injuries range in severity from a mild traumatic brain injury, in which a victim loses consciousness only briefly and has a good prognosis for recovery, to a severe brain injury, which may be life-threatening and may cause a wide range of functional changes, both short-term and long-term. A victim may also suffer a moderate traumatic brain injury, in which the loss of consciousness lasts longer and from which the victim will likely suffer at least some degree of permanent cognitive, behavioral, or physical impairment.
Seeking Compensation for Brain Injuries Caused by Negligence
Some of the most common causes of brain injuries are motor vehicle collisions and slip and falls. When a car accident, truck crash, motorcycle accident, or fall on someone else’s property is a result of the careless actions of a person or entity, an injured person has a legal right to seek compensation via a negligence lawsuit. This area of the law is meant to hold accountable those whose failure to act in a reasonably careful or prudent manner causes harm to others.
Negligence lawsuits are comprised of four basic elements: duty, breach of duty, causation, and damages. It is the burden of the plaintiff (the person filing a lawsuit) to prove each element by a preponderance of the evidence. A defendant in a negligence case may ask the court to consider whether the plaintiff also was negligent in causing the accident at issue. If the jury determines that both the plaintiff and the defendant breached a legal duty and were negligent, they will be asked to allocate the fault between the parties. Florida is a pure comparative fault state, so the plaintiff may still recover compensation even if they are found to have been partially at fault, but the plaintiff may only recover damages for the degree of fault attributable to the defendant.
Recovering from a brain injury and coping with the lifelong complications that such an injury may cause are very difficult, physically and emotionally as well as financially. Substantial medical costs are very common following a brain injury, and, in many cases, lifelong care is reasonably expected to be necessary. Past and future medical expenses may be taken into consideration in determining the damages due to the plaintiff in a successful negligence lawsuit arising from an accident that resulted in a serious brain injury. Other factors to be considered in an award of damages may include lost earnings, loss of future earning capacity, pain and suffering, and loss of consortium between the victim and their spouse.