Traumatic brain injuries cause many deaths and disabling conditions each year. Accident victims may need extensive physical rehabilitation and may be unable to financially support themselves and their families. If you suffered this type of harm, the Spring Hill brain injury attorneys at Holliday Karatinos Law Firm, PLLC can help you assert your right to compensation. We have collectively represented personal injury victims for over five decades, including many people with traumatic brain injuries. Our attorneys can help you pursue a claim against anyone whose careless actions caused your harm.
Causes and Types of Traumatic Brain Injuries
Traumatic brain injuries (TBIs) occur on a daily basis. According to the Centers for Disease Control, there were approximately 2.5 million TBIs nationwide in 2010. They contributed to roughly 30 percent of injury-related deaths. Many of these injuries occurred in falls and traffic-related accidents. Young children and the elderly are particularly susceptible to TBIs from a fall. Traffic-related accidents, such as car crashes or truck collisions, are a leading cause of death-related TBIs and may lead to paralysis.
TBIs are classified as either closed or penetrating. In a closed TBI, the brain is injured within the skull. A penetrating TBI is one in which the skull is penetrated by a foreign object. Regardless of the type, TBIs can lead to:
- Loss of motor or cognitive functions
While TBIs sometimes happen in isolation, many accident victims sustain multiple injuries. They can suffer numerous catastrophic injuries, including fractures or loss of limbs, in addition to TBIs.
Proving A Negligence Claim After a Florida Accident
TBIs are common in accidents, and most accidents are the result of someone else’s careless conduct. A driver in a motor vehicle crash or a property owner in a premises liability case, for example, may be held accountable for your TBI if you can prove that the injury was caused by their negligence.
Negligence is a theory of liability that requires the plaintiff in a personal injury lawsuit to prove all of the following four elements:
- Duty of care
- Breach, or violation, of the duty of care
- Causation of injuries
If you were injured in a car crash, for example, you would need to prove these elements to hold the driver liable. Drivers in Florida have an obligation to use reasonable care to avoid risking the safety of others on the road. A driver violates this duty if, for example, he or she fails to yield the right-of-way. You must show a link between your TBI and the accident, and you must prove you have medical bills or other physical, emotional, or financial costs resulting from it.
The elements are the same for any lawsuit based on ordinary negligence, but the degree of care a defendant must exercise may differ. For example, in a premises liability case, a commercial property owner owes a higher degree of care to a visitor on the premises for a business purpose compared to the degree of care a residential owner would owe to a social guest.
If you are partly or even mostly to blame for your TBI, you can still recover damages from any other negligent party. Florida permits a victim to recover damages in proportion to his or her degree of fault. In other words, you can recover damages to the extent that your negligence did not cause your injuries.
Potential damages for a TBI include compensation for medical bills, rehabilitative care, lost wages, loss of earning capacity, and more. Florida sets a four-year time limit on personal injury claims, which begins to run from the date of the accident that caused your TBI.
Fighting for Brain Injury Victims
At Holliday Karatinos Law Firm, PLLC, our traumatic brain injury lawyers are committed to fighting for the compensation you deserve. We provide our clients with exceptional legal representation in negligence lawsuits. If you suffered a traumatic brain injury, we can advise you on your legal rights and pursue your claim against the appropriate parties. Our compassionate lawyers understand the physical and financial toll that an accident can take on you and your family. We can help you get the compensation you need to move forward. We serve clients throughout Pasco, Hillsborough, and Lutz. Call us or fill out our online form to schedule a consultation at no cost.