Traumatic Brain Injury Lawyers in Pompano Beach

What is a Traumatic Brain Injury?

A traumatic brain injury occurs when a sudden trauma causes damage to the brain or the area immediately around the brain. A TBI can affect the victim’s behavior, cognition, emotional state, and physical abilities. It can also diminish social and interpersonal skills.

Types of Brain Injuries

TBIs are categorized as Mild, Moderate, and Severe on the Glasgow Coma Scale, and there are numerous types of TBIs:

• Concussions – These are usually caused by a blow to the head that causes the brain to shift or change position.
• Contusions – A bruise or bleeding on the brain. While these are typically mild, they can be severe enough to require surgery.

• Coup-Countrecoup Injury – This occurs when the impact causes injury at the point of impact and then on the opposite side of the brain. The opposite-side injury is from the brain slamming into the inner wall of the skull.

• Diffuse Axonal Injury (DAI) – Usually a severe brain injury caused by the head rapidly accelerating or decelerating.

• Penetrating Injury – As the name indicates, this occurs when an object penetrates the brain. Penetrating injuries are almost always severe. The type of damage depends on the damage around the wound, the speed, and the region of the brain that’s affected.

• Anoxic Brain Injury – This is a type of brain injury caused by lack of oxygen.

The symptoms of brain injuries range from mild symptoms like dizziness, nausea, or fatigue all the way to full or partial paralysis and death.

Leading Causes of TBIs

According to the CDC, fall injuries are the number one cause of traumatic brain injuries, followed by events where the victim was struck by or against objects, followed by vehicle accident injuries.

Source: U.S. Centers for Disease Control and Prevention

Why You Need Legal Assistance for a Brain Injury

When most people are injured, their first inclination is to seek medical attention, and that’s exactly what they should do. Your immediate health consideration should take priority. That does not, however, mean that you should neglect the financial and legal considerations of the case.

Even a mild head trauma can lead to tens of thousands of dollars of medical costs and lost wages — not to mention the physical pain and emotional suffering that accompanies a brain injury.

Personal injury lawyers perform several services for their clients:

• Case review to determine the legal viability of the TBI claim
• Calculation of economic and non-economic damages
• Depose witnesses to the accident
• Collect medical records, police reports, and other documentation
• Review discovery evidence provided by the insurance company attorneys
• Prepare a demand letter for the insurance company
• Negotiate the claim
• Prepare letters of protection (LOPs) so doctors can work on your case with the confidence of being paid from the proceeds of the settlement or court award
• File a lawsuit with the civil court
• Represent the client in all pretrial motions
• Represent the victim in court
• Distribute the proceeds of the settlement to all parties who are owed money

When LJW accepts your brain injury case, you can rest assured that they know the physical and emotional pain that you’re experiencing. You can count on our professionalism, experience, and compassion. Call today, and you’ll immediately realize the difference.

Seeking Legal Representation for Your TBI Case

Most people have no idea how to choose a lawyer for their case. They may use arbitrary selection criteria like name recognition from an ad or the word of a family member or friend.

What you should know about brain injury personal law is that it’s extremely competitive. Personal injury law offices will go to great lengths to ensure that you remember their name just in case you’re involved in an accident.

However, name recognition is a poor way to choose a law firm. Here are some things that you should know when you’re vetting personal injury lawyers.

All Personal Injury Lawyers Work on a Contingency Basis

This is common practice for personal injury law firms. However, some firms may try to charge an initial consultation fee. There is no reason for you to pay out-of-pocket to an attorney just to discuss your TBI case.

The Florida Bar Establishes Contingency Fees

Contingency fees are established by the Florida Bar. Consequently, it doesn’t make a lot of sense to price shop. Before committing to any law firm, however, you should request a written breakdown of their contingency fee schedule. The fees are:

• 33⅓ percent of any recovery up to $1 million if the attorney settles before the filing of an answer or demand appointment of arbitrators expires.
• 40 percent of any recovery up to $1 million if the attorney settles after.
• 30 percent of additional recovery between $1 million and $2 million.
• 20 percent of any recovery in excess of $2 million.

For example, if your brain injury case settles for $5 million before an answer or demand of arbitrators, your attorney would collect $333,333 on the first million, $300,000 on the second million, and $600,000 on the remaining three million, or $1,233,333.

Brain Injury Attorney Experience Matters

Some attorneys have worked dozens or even hundreds of cases but have never handled a brain injury case. Because TBI cases involve extensive investigation and medical testimony from experts in the field, choosing a legal team with TBI experience is essential.

An experienced lawyer will be familiar with the best neurologists in the area who will accept letters of protection. In addition, they are familiar with the top accident investigators and medical experts. This can be the difference between a large recovery or a failed case.

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The Legal Process for Brain Injury Claims

Every case is unique, so your brain injury case may not follow these steps. However, once you have representation, your attorney should be able to keep you apprised of the developments of your case.

Find an Attorney

After addressing your medical issues, hiring an attorney should be your first priority. You can take a few days to meet with several lawyers, but don’t wait too long before choosing. At LJW, we are confident in what we offer our injury clients. Many people who contact us end their search as our clients.

Initial Consultation

During your initial consultation, you will tell your attorney what happened to you and what measures you’ve taken so far. It’s important that you’re forthcoming about any discussions you’ve had with insurance adjusters or attorneys who work for the defendant. The attorney will ask you questions and determine the viability of their case. They should also explain to you their fee structure. If they don’t, make sure to ask.

Evidence Collection

Your attorney should begin collecting evidence immediately after accepting you as a client. Evidence can be lost or destroyed over time, and witnesses can move away. Among other things, your attorney will gather police records, medical records, CCTV video evidence, and photographs of the accident scene. They will also compile a list of eyewitnesses for deposition.

Damage Calculations

Your attorney will calculate all expenses related to the accident. These are economic damages. They will also use established formulas to calculate your pain and suffering or non-economic damages. This will be essential when negotiating a claim.

Filing an Insurance Claim

If the accident or incident is covered under an insurance policy — car insurance, property insurance, workers’ comp, etc. — your attorney will file a claim on your behalf. If you’ve already filed a claim but didn’t accept payment, they can still represent you in your pursuit of compensation.

Here are some common mistakes to avoid when filing a claim.

Filing a Lawsuit

While most personal injury cases never make it to the litigation phase, it’s essential that your attorney file in a timely manner. The Florida statute of limitations for most accidents is four years from the date of the accident. Filing not only places pressure on the responsible parties, but it also allows time for the discovery phase of the suit and the various motions that occur in civil litigation cases.

Negotiation

To avoid litigation, which can be risky for both sides, your legal team will negotiate with the defense’s lawyers. If the sides are too far apart, however, the case may go to trial. Long, Jean & Wechsler, P.A. will never press our client to accept a less-than-favorable settlement. If you don’t agree to the terms, we will keep pursuing appropriate compensation on your behalf.

Trial

If the parties cannot agree on a settlement, your case goes to trial. During the trial, both sides will present their arguments and evidence. The court will ultimately decide the amount of the settlement.

Important Legal Concepts for Brain Injury Cases

At LJW, our team will make sure you’re well-informed about all legal matters affecting your case. However, these concepts are particularly useful.

Statute of Limitations

Many of our brain injury clients are concerned about filing ahead of the statute of limitations. While you should not delay starting your legal claim, you may be relieved to know that the statute of limitations in Florida is four years from the date of the accident for most cases. There are exceptions, however.

If your brain injury is the result of medical malpractice, the statute of limitations is two years from the date of the injury. If the medical injury wasn’t discovered until after the incident that caused it, it can be extended to four years. In wrongful death cases, the statute of limitations is two years from the date of death.

Types of Damages

Attorneys attempt to seek monetary damages on behalf of their clients. The state of Florida has three general categories of monetary damages. Economic damages and non-economic damages are compensatory and are not subject to damage caps. Punitive damages are capped at $500,000 or three times the amount of compensatory damages, whichever is greater.

Economic Damages

If you’ve suffered a brain injury, you may incur medical bills, lost wages, and more. Economic damages cover the financial costs associated with an accident.

Non-Economic Damages

Also referred to as “pain and suffering,” non-economic damages attempt to cover intangible injuries from the accident. These can include reduced quality of life, physical pain, and mental anguish. In a wrongful death case, the plaintiff may also claim loss of companionship.

Punitive Damages

In cases where the defendant’s actions were egregious or intentional, the court may award punitive damages. As was previously stated, there are damage caps for this category, and not all cases warrant punitive damages.

Insurance companies are notorious for downplaying damage estimates. Make sure you speak to an attorney before accepting any settlement from the insurance company.

Comparative Negligence

Florida operates on a pure comparative negligence principle. This means that you can recover damages for your brain injury, even if you were partially at fault. Consider this scenario. Another driver runs a stop sign, causing an accident with your vehicle.

However, it was later determined that even though you had the right of way, you were traveling 15 mph over the speed limit, contributing to the extent of your damages. The court may determine that 20% of the accident was your fault. In this case, you would be able to recover up to 80% of your damages.

Frequently Asked Questions in Brain Injury Cases

Our clients commonly ask the following questions. For answers to your specific questions, call a Pompano Beach brain injury attorney at Long, Jean & Weschler, P.A. for a free, no-obligation consultation.

Who Can Sue in a Wrongful Death Claim Involving a Brain Injury?

In the state of Florida, the estate’s personal representative is the only person who can sue for wrongful death. If this is not a person. However, the estate receives the damage recovery to be distributed to the nearest relative with standing.

What is My Brain Injury Case Worth?

It’s impossible to discuss dollar amounts without knowing the specifics of the case. All brain trauma cases are different, so your award will depend on numerous factors. Determining appropriate damages takes years of training and expertise, so make sure you discuss this matter with an attorney.

How Can I Afford a Brain Injury Lawyer?

Brain injury lawyers usually work on a contingency basis, which means that they work for free until they settle the case or win a jury award. If they recover nothing, the client does not have to pay.

What Should I Do if I Suspect a Brain Injury?

Seek medical attention immediately. Nothing is more important than your physical and mental health. It will not harm your legal case, and it will help provide a baseline for your medical condition.

How Long Do I Have to File a Brain Injury Claim?

For most claims, the statute of limitations is four years from the date of the accident. However, you should not delay speaking to an attorney. It’s important that they have access to the evidence while it’s still fresh.

What if the Brain Injury Occurred at Work?

Workers’ compensation covers employees regardless of fault. However, these policies often fail to fully cover the injury. Contact us to discuss your workers’ comp claim and other damages.

Why Shouldn’t I Just Accept the Insurance Company Settlement Offer?

Within a day of your accident, an insurance adjuster may show up with an offer to settle quickly. They may offer to pay your medical bills and a little extra for your inconvenience. However, you will have to sign a waiver of liability that will prevent you from recovering additional damages. Before accepting any offer from the insurance company, contact us. You’re under no obligation to accept our services, and we will NOT charge you for the consultation.

Contact Our Attorneys Today

For years, Long, Jean & Weschler, P.A. has been helping patients recover damages from traumatic brain injuries. We offer top-tier representation on a contingency basis. Contact our Pompano Beach law office for a free consultation.