Your Rights As A TBI Victim
Michael Babboni
Personal Injury
When someone that you know is injured seriously in an accident, it can add a tremendous burden on your shoulders. Those who were once independent may suddenly need care on a near-constant basis. And if a loved one is killed, their death can leave a major void in your life that is impossible to overcome.Along with the physical and emotional toll that this can take, Those who are left caring for loved ones often end up having to shoulder a financial burden as well. This is especially true when it comes to a traumatic brain injury - or TBI for short. Patients who suffer injuries to their brain can be left with a wide range of disabilities - many of them permanent.
Under Florida law, those who are hurt in an accident caused by the reckless or negligent actions of someone else have the right to file a personal injury lawsuit and receive restitution for their injuries.
Who Can File A Lawsuit?
In order to file a TBI lawsuit, you must be able to prove that the other party acted negligently or recklessly. This can include a wide range of things including:
• Drunk driving
• Texting while driving
• Speeding
• Failure to yield right of way
• Failure to maintain a safe working environment
• Failure to correct safety issues in public spaces
• And more
In most instances, the person who was injured must file the lawsuit. But, in cases where the TBI has left the person seriously disabled and in need of constant care or when a TBI leads to death, the family of the victim could file a lawsuit on their behalf. Often, it's the only way to get the financial stability you need in the months and years following an accident.
What Will A Settlement Cover?
A fair personal injury settlement should cover a variety of things, but the goal is always the same - to create a financial situation that would have existed if the accident had never happened. Obviously, this will include medical costs associated with the accident, but what many don't realize is that a personal injury lawsuit for a TBI should include virtually every kind of expense that is associated with the injury. This includes:
• Compensation for the entirety of the time the victim would have been working - their lost wages over time, in other words. This can often be adjusted based on potential promotions or raises that were lost.
• Compensation for hours that the person taking care of a victim misses from their job
• Compensation for the emotional toll and the impact on a family unit that the accident has
• Compensation that covers all future estimated medical costs including in-home care, medical equipment, medication, physical therapy, surgeries, and more
Often, an attorney needs to consult with experts in the financial and the medical fields in order to develop a clear picture of what a fair settlement is. As such, it's incredibly important for all who are injured in an accident to seek out the help of a skilled Florida personal injury lawyer whenever they are hurt.
Our attorneys have years of experience in the field and have helped thousands suffering from TBI. If you or someone you love is injured in an accident, our team is here to help ensure that you get the compensation you deserve. Contact us today to learn more about your rights and get a free consultation about your case.