In Tampa, Florida, the effects of a car accident reverberate far beyond the initial impact, especially when you need traumatic brain injury lawyers. With over 1.5 million people affected annually by TBIs in the U.S., the road to recovery can be difficult. It goes beyond the medical battle to a legal challenge. This article unravels the complexities of TBI laws in Florida, so you understand what compensation you are entitled to.
What Is a Traumatic Brain Injury: Understanding the Impact
A traumatic brain injury (TBI) disrupts the delicate operations of the brain due to external force, drastically different from an internal condition like a stroke. Symptoms can manifest subtly, like occasional dizziness, or more acutely, with persistent confusion. A TBI affects your physical capabilities as well as your emotional and cognitive functions. The variability and unpredictability of TBI symptoms necessitate prompt and comprehensive medical care, as well as attention from traumatic brain injury lawyers like our team at Hunter Law.
Legal Landscape: Tampa, Florida’s Approach to TBI Claims
In Florida, if you or someone you love has a traumatic brain injury due to a car accident, the next step is understanding your legal rights. At Hunter Law, our car accident injury lawyers guide you through the complexities of pursuing a claim. The state’s laws set clear criteria for filing personal injury lawsuits, which are critical for recovering damages. When another person’s negligence turns your life upside down, these laws provide a legal avenue to seek justice and compensation. Here are the key components brain injury lawyers near you can address:
- Statute of Limitations: Under the new laws enacted on March 24, 2023, in Florida, you have up to two years to file a personal injury lawsuit for a TBI. If your car accident occurred prior to March 24, 2023, your accident injury lawyer has four years to file your claim.
- Duty of Care and Breach: To succeed in your claim, you must demonstrate that the defendant owed you a duty of care and breached it through negligent actions. This breach might be distracted driving or violating traffic laws that lead to the accident and your TBI.
- Causation: The top auto accident lawyers at Hunter Law work to establish a direct link between the breach of duty and your injury. Your team of traumatic brain injury lawyers needs to show that the TBI was a direct result of the car accident and not a pre-existing condition. However, exacerbation of a pre-existing condition is also compensable under Florida law, so, even if you had issues with things such as headaches in the past, if they have become notably worsened since the accident you may be entitled to compensation.
- Damages: Proving that you’ve incurred damages is extremely important. This includes tangible losses like medical expenses and lost wages. It can also include intangible losses such as pain and suffering or loss of life enjoyment due to the TBI.
Understanding these legal nuances can feel overwhelming, but you don’t have to navigate them alone. Traumatic brain injury lawyers know how to handle these cases and can guide you through the legal process while you focus on your physical wellbeing.
Compensation in TBI Cases: What Your Traumatic Brain Injury Lawyers Will Fight For
If your Tampa personal injury attorney determines you have a TBI case based on the legal criteria, you will discuss compensation. In Florida, compensation claims for TBI victims become a beacon of hope and a possible bridge to a more stable future. A staggering 60% of TBI victims find themselves unable to return to work even after two years. That is why understanding the compensation options available is vital. At Hunter Law, we work to get you the following based on your case:
- Medical Expenses: Comprehensive compensation covers every medical bill, from emergency care to ongoing therapies and rehabilitation. Your health journey is fully supported.
- Lost Wages: Recompense for lost wages and, perhaps more significantly, the loss of future earning ability is a big factor. It reflects the impact a TBI can have on your career trajectory.
- Pain and Suffering: Compensation often includes recognition of the physical pain and mental anguish endured, acknowledging the profound emotional turmoil TBIs cause.
- Loss of Consortium: Compensation may extend to cover the loss of companionship and affection, especially if your TBI dramatically alters your familial roles.
- Punitive Damages: In instances of gross negligence, you can pursue additional punitive damages. These serve as a deterrent for future recklessness on Florida’s roads.
Navigating all of the laws associated with your TBI case can be overwhelming. Guidance from our seasoned traumatic brain injury lawyers allows you to focus on the path to recovery.
Empower Your Traumatic Brain Injury Recovery With Hunter Law
You don’t have to navigate your traumatic brain injury recovery alone. With the guidance of Hunter Law’s traumatic brain injury lawyers in Tampa,FL, your case gets the care it demands. Reach out to Hunter Law at 813-287-2227. Let us support and empower you through this challenging time.