How Much Can I Get For My Traumatic Brain Injury In Florida?
A traumatic injury is a type of injury that occurs because of a violent blow to the head. Also, when an object goes through brain tissue, a traumatic brain injury may occur. Common causes of traumatic brain injuries include falls and motor vehicle accidents (i.e. whiplash – also called a coup/contrecoup brain injury). If you sustained a traumatic brain injury in a Florida accident, you need to see a doctor as soon as possible. This is critical – do not play around with a possible brain injury. Common signs of a possible brain injury include, but are not limited to, concussion, headaches, nausea, dizziness, spinning sensations, ringing in the ears, issues with vision, and dropping items. When in doubt, go to the hospital.
After you are medically cleared, it is also crucial that you talk to an attorney who can help you recover the compensation you deserve from the at-fault party.
Damages You Can Recover in a Traumatic Brain Injury Claim
If you suffered a traumatic brain injury (TBI or mild TBI) in a Florida accident because of another party’s negligence, there are two types of damages you should expect to recover: economic/special damages and non-economic/general damages.
Special damages are those damages that you can easily quantify. They include medical expenses and lost wages.
On the other hand, it’s not easy to quantify non-economic damages. Examples of such damages include pain and suffering, loss of enjoyment of life, and mental anguish.
Depending on your case’s specifics, you may also be eligible to recover punitive damages. In Florida, such damages are awarded in cases where the defendant’s conduct constitutes gross negligence or intentional misconduct.
How Much Can You Get for Your Traumatic Brain Injury in Florida?
Every case is different, so there is no way to tell how much you can expect to recover in your Florida traumatic brain injury claim until you diagnose the severity of your issues.
Severity
Generally, the more severe your traumatic brain injury, the more you can expect to recover in your claim. Some traumatic brain injuries heal over time (i.e. post-concussive syndrome); some do not (i.e. damage to the frontal cortex). Clearly, permanent traumatic brain injuries warrant tremendous damages.
Liability
With high damage cases, the at-fault party will attempt to shift some (or all) of the liability onto you or another party. The quicker you hire an attorney, the better chance he/she can seek to preserve evidence, including the at-fault’s data from its vehicle’s EDR/black box, gauge marks in the road and witness statements. This will help thwart any defense which can cut into your compensation.
The Extent to Which Your TBI Affects Your Ability to Work
You can expect to recover a high settlement amount if you cannot ever return to work because of your traumatic brain injury. In the case of a TBI that prevents you from ever returning to work, you are entitled to compensation for loss of earning capacity.
Whether You Are Eligible for Punitive Damages
If you are entitled to punitive damages, you can expect the value of your traumatic brain injury claim to be high. This is because punitive damages are usually awarded on top of economic and non-economic damages.
Contact a Plantation Personal Injury Lawyer
If you suffered a TBI in a Florida accident and need help recovering the compensation you deserve from the negligent party, contact our Plantation personal injury lawyers at Lyons & Snyder.
Source:
law.cornell.edu/wex/gross_negligence
