Surviving an accident that led to a brain injury can be a life-changing experience. According to the latest CDC statistics, over 60,000 TBI-related deaths were reported in 2020, and millions of individuals around the U.S. are living with TBI-related complications.
Suppose you experienced a TBI in Ocala, Florida, and the negligence of another party caused the injury. In that case, the state laws entitle you to receive recoverable compensation for your damages. However, filing for a brain injury lawsuit in Ocala is a challenge, especially without the legal assistance of an experienced lawyer. Hence, it is best to let the Ocala brain injury lawyers offer legal assistance to strengthen your claim and negotiate with insurance companies to get you a fair settlement for your damages.
Let’s take an overview of what TBI is and look at some common causes of traumatic brain injuries, followed by an insight into how you can file a lawsuit in Florida.
Traumatic Brain Injury (TBI) – Overview
A traumatic brain injury is one of the most common types of severe brain injuries where the brain tissue experience damage due to a forceful impact.
TBI affects a person’s ability to concentrate and can lead to the following implications.
- Persistent headache accompanied by throbbing pain,
- Blurred vision,
- Cognitive losses,
- Dizziness,
- Nausea
- Loss of consciousness.
An individual can experience TBI while maintaining consciousness.
Most Common TBI Causes
According to the Centers for Disease Control and Prevention (CDC), slips and falls remain the top cause of TBI. However, there are other common causes, which include
- Vehicle crash,
- Workplace accidents,
- Mishaps involving falling from a great height,
- Recreational accidents, including boating accidents which are relatively more common in Florida, and
- Acts of violence.
How to Prove Negligence in a TBI Case
When an individual experiences a brain injury resulting from any accident caused by the neglect of the other party, state law allows the victim to file a lawsuit to claim compensation for their damages. However, the injured individual must prove the following elements to file the claim.
Duty of Care
An individual who has survived an accident and has experienced TBI as a result must demonstrate the other party’s responsibility of care. It shows the other party’s obligation to others to avoid and prevent accidents.
Breach of Duty/Neglect of the Other Party
The victim must prove that the defendant breached the duty of care either intentionally or unintentionally.
Causation
The survivor needs to prove that the breach of duty has caused significant harm to the individual. They must prove that the negligence of the defendant is the primary cause of the accident.
Damages
When filing a brain injury lawsuit in Florida, the victim must demonstrate that they have suffered losses and damages due to the accident. The details can include medical records and associated expenses and loss of income.
If the injured person didn’t survive TBI and died due to the accident, the legal system allows the deceased’s family to file a claim or lawsuit on their behalf.
Claims for Damage
Since a traumatic brain injury is often severe, the damages are likely significant.
Among the monetary claims, the injured person may be entitled to medical expenses, transportation, lost income, and other out-of-pocket expenses. They may also receive compensation for pain and suffering, lost quality of life, and loss of companionship (in case of the victim’s death).
Take Prompt Legal Action
Florida state laws provide a four-year statute of limitations for filing claims from the accident date. However, the sooner you make a claim, the higher the compensation you will likely receive. Moreover, since filing a claim is quite complicated, you need to collaborate with a legal expert to take action on your behalf.
Contact a traumatic brain injury lawyer in Florida and let the experts assist you.
