Any accident that leads to you, or a family member, suffering a severe blow to the head or neck should be cause for you to seek professional medical care, even if you feel fine immediately after the incident.
Traumatic brain injuries (TBIs) often produce very subtle symptoms and sometimes no symptoms at all even when extremely serious damage has occurred. Failing to address this kind of injury through comprehensive medical treatment can often lead to debilitating and even life-threatening harm.
Fortunately, you have help available from the dedicated traumatic brain injury attorneys at Distasio Law Firm who are not afraid to go to trial in order to get you the restitution you need for the harm you did not deserve to experience.
When you want to hold the person who hurt you accountable for their misconduct, working closely with a brain injury lawyer could be key to doing so effectively and efficiently.
Filing a Claim After Brain Trauma
Even mild damage to the brain—for example, a concussion—can make it difficult to work for several days or weeks, often requires expensive medical care to minimize the impact of, and can be physically and psychologically painful to live with. More severe TBIs can result in life-altering losses of cognitive, motor, and/or sensory function—potentially leaving you in need of around-the-clock assistance and even shortening your natural lifespan.
With this in mind, it is especially crucial when filing civil litigation over this kind of injury to account for the long-term losses the injury is likely to cause in addition to short-term losses that have already come to pass. A comprehensive claim may need to seek restitution for damages like:
- Past and future medical care
- Lost work income and/or working capacity
- Modifications to personal property—for instance, adding wheelchair ramps to a private residence
- Costs of in-home assistance and other long-term care
- Physical pain and suffering
- Psychological/emotional trauma
- Lost consortium
- Lost enjoyment of life
A qualified Largo TBI attorney such as Scott Distasio could go into further detail about what losses you could seek recovery for during a confidential consultation.
Compensation Leads to Effective Recovery
Any form of brain trauma that results in permanent disability of any kind meets the threshold of a “serious injury,” which means it may be possible to step outside Florida’s “no-fault” system and file a lawsuit after sustaining this kind of injury in an auto accident.
Whether your TBI stemmed from a car crash or any other type of accident, though, there are several rules and restrictions under state law that might lead to you missing out on compensation if they are not accounted for.
For example, Florida Statutes § 768.81 allows courts to assign “percentages of fault” to plaintiffs they deem partially responsible for causing their injuries through negligence of their own, and then to reduce the total compensation available to that plaintiff based on their share of total fault.
Furthermore, as an experienced traumatic brain injury lawyer in Largo could explain, Fla. Stat. § 95.11(3) generally only allows two years after an injury occurs for civil litigation to proceed, even if the injury is expected to have lifelong effects.
Consider Working with Our Largo Brain Injury Attorneys
A serious TBI is one of the most severe outcomes any kind of accident caused by another person’s misconduct can have. Even worse, holding the person who caused your brain injury legally liable for their actions can be difficult if you can try to do it alone.