Injury to your head and brain can be debilitating and lead to potentially life-threatening consequences. Encased in your skull, your brain is a fragile supercomputer that coordinates all aspects of your life, from breathing to deciding what to have for breakfast. Injury to the head can often result in injury to the brain, which has the potential to disrupt normal processes.
Head injuries resulting in impaired brain function are referred to as traumatic brain injuries. The percentage of head injuries resulting in traumatic brain injury is low, but that doesn’t mean that a head injury with no visible symptoms hasn’t affected the brain. A medical examination is necessary to determine the extent of brain injury or lack thereof. Regardless of whether you’ve suffered a brain injury, you may be entitled to compensation to help with your medical expenses and other losses resulting from the injury.
At Staples, Ellis + Associates, P.A., our attorneys are devoted to helping you recover the damages that you deserve. Whether choosing to file a personal injury lawsuit or pursue an insurance claim, we are here to help you navigate the process and zealously protect your interests at every step of the process. If you have been suffered a head or brain injury, please contact our offices as soon as possible for a free consultation.
What compensation can I receive for a brain injury?
Compensation for head and brain injuries includes any loss that you have suffered as a direct result of the injury. When seeking compensation, you will sue for damages. Damages are the legal term for the money you seek to recover to compensate for your losses. More specifically, the following damages are generally available following a head and brain injury:
- Out-of-pocket medical expenses. Any money that you have spent on medical expenses that were a direct result of the head and brain injury may be recoverable as out-of-pocket medical expenses. For example, if you require an emergency room visit which cost $3,000, then you may be able to claim that $3,000 as damages.
- Lost Wages. If you missed work and thus were not paid for the time you would have been but for the injury, then you may be able to claim lost wages. For example, if you were in the hospital and required to miss three days of work as a result, those three days’ worth of lost wages may be claimed as damages.
- Lost Earning Capacity. If you permanently lose a portion of your earning ability as a direct result of the head and brain injury, then you may be able to claim that loss and future losses as damages. For example, you may be able to claim lost earning capacity if you are an electrician by trade and are no longer capable of working as an electrician following the injury.
- Property Damage. Any personal property that was damaged in the incident may be claimed. If you were in a car wreck, then you may be able to claim the damage to your vehicle.
Pain and Suffering. Pain, emotional anguish, humiliation, or other injuries which are non-financial in nature and directly resulting from the incident may be claimed as damages.
Identifying what can and cannot be claimed as damages is an important role of a personal injury attorney. At Staples, Ellis + Associates, P.A., we diligently review every case file and know the right questions to ask to ensure that you receive the maximum compensation that you deserve.
How do I get compensation?
Identifying damages is only half the battle. To successfully claim damages and receive compensation, you must prove the tort of negligence. Negligence underlies nearly all personal injury cases and relies upon four elements which must be proven to the standard of “by a preponderance of the evidence”, which means “more likely than not.” To establish negligence and receive compensation all four elements must be established:
- The person against whom you are claiming damages owed you a duty of care;
- That person breached that duty of care;
- That breach of duty of care directly resulted in your injuries; and
- The injuries you sustained directly caused the damages you are claiming.
Generally, everyone owes everyone a basic standard of care when in public. For drivers on the road, they must act with the reasonable care that a prudent person would act within similar circumstances. Thus, for a driver, they must act in a prudent and safe manner. However, certain actions, such as violating the law, can automatically establish the first two elements. For example, if someone is violating the speed limit and causes a wreck where you suffer head and brain injury, then that person’s very act of speeding is assumed to have breached the duty of care; thus establishing the first two elements.
Is there any urgency to file a suit?
Yes. States have statutes of limitations which require individuals to bring certain lawsuits within a certain period. Under Florida law, an injured person has 4 years to file a claim for personal injury from the date of the injury. If you have suffered head and brain injury, you should consult with an experienced personal injury attorney as soon as possible to avoid a potential statute of limitations issues.
Contact Our Pensacola Traumatic Brain Injury Attorney
Head and brain injuries are serious. Their consequences can be lifelong and require ongoing medical treatment that can reach into the tens of thousands and beyond. A personal injury suit for head and brain injury allows you to recover the money that you deserve. You aren’t responsible for your accident, so why should you be responsible for the costs? If you have suffered a head and brain injury in the greater Pensacola area, please contact our office for a free consultation.
The Brain Injury Attorneys at Staples, Ellis & Associates serves clients in Pensacola County, Escambia County, Santa Rosa County, Okaloosa County, Walton County, and throughout Northwest Florida.