Stuart Brain Injury Lawyer
A traumatic injury to the brain may cause long-term impairment, permanent disability, or even death. This can be a life altering event in which the victim finds themselves needing special care and severely limiting or ending their previous responsibilities and personal activities.
Whether you or a family member suffered a head injury, you are likely experiencing its great financial and emotional toll. Know, too, that the law entitles injured individuals or their families to pursue their needed compensation. A traumatic brain injury claim can hold the negligent person accountable, offer you some justice, and allow you to focus on healing.
Get the help of a brain injury lawyer skilled at handling difficult injury claims while being sympathetic with you and your family. Philip DeBerard, Injury Attorney is a law firm known in South Florida as a caring, client-oriented team with 40 years of experience winning injury cases. We are competent in Stuart head injury claims resulting from accidents such as:
- Car crashes
- Motorcyclist crashes
- Pedestrian accidents
- Truck accidents
- Slip and fall accidents
- Sporting accidents
- Drowning or near-drowning
- Watercraft accidents
- And many others.
When you sign on with Philip DeBerard, Injury Attorney, our experienced lawyers will strive for your maximum compensation while treating you like family throughout the process. We work tirelessly to make the case as stress-free for you during your recuperation from your injury. You’ll have a free consultation with us, and you won’t owe us any legal fees until we obtain compensation for you. Call us at 800-299-8878.
Common Causes and Types of Brain Injuries
Hundreds of thousands of traumatic brain injuries (TBI) occur in the US each year. According to the latest data from the Centers for Disease Control (CDC), there were 223,135 hospitalizations in 2019 and 64,362 people who died in 2020 related to TBI. Among the most common causes of these head injuries were traffic accidents, accidental falls, and unintentionally getting struck against or by an object.
Injuries to the head can be “closed,” meaning the skull has not been broken by an object, or it can be a penetrating injury, where an object punctures through the cranium and potentially into the brain. Though closed TBI doesn’t always look worrying on the outside, it may also have serious effects.
A closed brain injury typically occurs when the head is hit by something or is shaken violently, such as in vehicle crashes, sports accidents, and tripping or slipping accidents. Sometimes, the injury may be a mild concussion that may heal on its own provided some rest. Many cases of head injury, however, involve brain bleeds, bruising of the brain, or torn brain tissue. These can lead to brain damage and in advanced cases, epilepsy, coma, or death.
It’s critical to get adequate medical attention if you or someone in your family has suffered an impact to the head. You shouldn’t have to hesitate because of medical costs – talk to Philip DeBerard, Injury Attorney to learn about your legal remedies for financial recovery.
Compensation You May Get in a Stuart Brain Injury Claim
Filing a personal injury claim means you are seeking reimbursement from the at-fault party (or parties) for what you’ve lost due to the injury. In brain injury cases, losses extend far beyond medical expenses – you also lose working days, suffer pain and emotional hardship, and possibly deal with lasting disability.
This is why the law entitles injury victims to compensation for their financial and non-financial losses, known legally as “damages”. Common damages that may be part of a TBI claim are:
- Medical bills, including potential medical costs in the future
- Rehabilitation or therapy bills
- Assistive tools for impairment/disability
- Lost wages
- Lost or decreased capability to earn
- Cost of home services the injured cannot sustain such as upkeep of the house, laundry, and the like
- Pain and suffering (including mental/emotional anguish)
- Decreased enjoyment of life
- Reduced familial relationships
- Permanent disability or disfigurement, if any.
As brain injury losses are immense and far-reaching, it’s essential for you to get the full amount you deserve. Our team at the DeBerard law firm diligently investigates various aspects around the injury to determine how much you should be entitled to. We don’t just sum up your expenditure and transmit the total to the insurance company. We collaborate with specialized doctors, financial consultants, and life planners to get a fuller picture of what you deserve – and we’re ready to fight for it, whether through insurance negotiations or through court litigation.
Legal Remedies for Martin County Brain Injury Damages
There are various legal paths to pursue compensation for your brain injury, depending on how it occurred. Here are some examples. Discuss with an experienced brain injury lawyer to see the best legal course for your situation.
Brain Injury from a Vehicle Accident
Florida adheres to the “no fault” principle in car crash claims, so you will first file a compensation claim from your own insurance, namely your Personal Injury Protection (PIP) policy. If your losses exceed PIP limits – which is common with serious brain injuries – you may be able to file a third-party claim against the negligent driver’s insurer.
Florida law states that you are only able to file a third-party injury claim if your injury qualifies as a “serious injury.” You’ll want to get a lawyer’s help to show that your injury is crucial enough and that it resulted from the other party’s negligence.
Slip-and-Fall Brain Injury
If you got injured because you stumbled, slipped, or fell at someone’s unsafe property, you may be able to file a premises liability claim opposite the property owner’s insurance. The concept of premises liability is that property owners have the responsibility to keep their place fairly safe for invited persons and tenants. If they don’t repair a risky condition, or if they don’t warn you about this danger, they may be liable for consequent injuries.
In a few cases, premises liability might also apply if your injuries were the result of a crime in the premises. For instance, if you were attacked at a nightclub and the place had no security staff to stop it, it could be argued that the owner should have prevented such a foreseeable incident.
Injury to the Brain Caused by Medical Malpractice
A patient’s brain may suffer damage when a medical professional fails to work according to the medical standard of care. Examples would be when a physician misdiagnoses a TBI, or when an anesthesiologist fails to monitor a person under anesthesia. In situations like these, you may be able to file a medical malpractice claim.
This claim is often challenging due to the technical features of the case combined with the strong defenses of doctors and hospitals. Work with a lawyer with a proven track record handling medical malpractice cases on behalf of injured patients.
Many other scenarios can lead to brain injury which may entitle you to compensation. Don’t hesitate to consult an experienced attorney who can fight for the recovery you need and deserve.
Contact Philip DeBerard, Injury Attorney in Martin County Today
Voted the Treasure Coast’s Best Personal Injury Attorney by TCPalm, Philip DeBerard has earned the trust of South Floridians who were injured and needed compensation. The DeBerard office has won maximum results for clients, including million-dollar settlements in severe injury cases. Tell us about your or your loved one’s brain injury. Your consultation is at no cost to you, and we will not bill you any legal fees until we’ve achieved an amount for you. Call us at 1-800-299-8878 today.
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