Legal Representation for Serious Brain Injuries in Florida
A person who suffers brain injuries in an accident may face years of rehabilitative care and escalating medical expenses. The Spring Hill brain injury lawyers at Holliday Karatinos Law Firm, PLLC understand the significant impact brain injuries can have on accident victims and their families. We have helped numerous plaintiffs in personal injury claims against the parties that caused their injuries. Our attorneys can provide the comprehensive and tenacious representation you need in order to assert your rights.
Brain injuries are a common result in a number of accident scenarios. The Centers for Disease Control estimates that traumatic brain injuries are a factor in one third of all injury-related disabilities each year, and that 5.3 million Americans live with a disabling traumatic brain injury. Car accident victims can suffer brain injuries in a crash, particularly in head-on collisions. A rider on a motorcycle is also susceptible to a brain injury due to the lack of structural protections on the vehicle and in some cases the lack of a helmet.
A brain injury can be closed or open. A closed brain injury means the brain moves within the skull, but there is no penetration. A fall onto a hard surface, for example, can cause a closed brain injury. A penetrating brain injury is one in which an object enters the skull. Both types of injuries can affect a person’s cognitive, motor, and sensory functions. A person may suffer memory loss, lose their hearing or other sense, or have a permanent disability as a result of a brain injury.
Liability for a Brain Injury
You may hold the party who caused your brain injury accountable for his or her actions. Brain injuries can alter the course of your life, and have a long-lasting impact on your physical and mental well-being, your ability to make a living, and your family’s livelihood. By initiating a personal injury claim, you may potentially hold the person who caused your injuries responsible for damages.
Most personal injury claims, including motor vehicle crashes and premises liability cases, are based on a legal theory of liability known as negligence. Negligence occurs when a person fails to exercise the degree of care that a reasonably prudent person would exercise under similar circumstances. A plaintiff must establish the elements of negligence to hold a defendant liable for injuries. The elements of negligence are:
- Duty of care – A plaintiff must first establish that the defendant actually owed him or her a duty of care. Property owners, for example, have a duty to maintain their premises in reasonably safe conditions, but they generally do not owe a duty of care to trespassers.
- Breach of duty – A plaintiff has to demonstrate that the defendant breached his or her duty of care. A motorist may breach his or her duty of care if he or she becomes distracted and hits the plaintiff.
- Causation – A plaintiff must be able to show a nexus between the defendant’s breach and his or her injuries.
- Damages – A plaintiff has to suffer actual damages in the accident.
A plaintiff may recover damages even if he or she partly contributed to his or her injuries. Florida courts do not bar a plaintiff from recovering damages under these circumstances, but they will limit compensation to the extent that a plaintiff is at fault for his or her injuries.
If you can establish a defendant’s liability in your case, you may potentially recover damages for your brain injury. Your recoverable damages may include compensation for your medical care and treatment, any lost wages or loss of earning capacity, property damage, and pain and suffering. You must file your Florida personal injury claim within four years from the date the accident occurred.
Legal Advocacy for Your Brain Injury
The North Tampa brain injury attorneys at Holliday Karatinos Law Firm, PLLC have over 50 years of combined legal practice experience. Our boutique personal injury law firm offers seasoned legal representation to accident victims with catastrophic injuries. Whether you were injured in a motor vehicle crash or any other type of accident, our firm is dedicated to providing our clients with case-specific representation. We can advise you on your legal rights and aggressively pursue your claim for compensation. We work with individuals and families in Hillsborough, Pasco, and other nearby counties. Call us at (866) 597-0009 or contact us online to schedule a free, no-obligation consultation today.