Winter Haven Brain Injury Attorneys Assisting Clients Suffering From a TBI to Fight for Maximum Compensation
Brain injuries, also referred to as TBIs (Traumatic Brain Injuries), are potentially life-altering injuries requiring extensive medical care. But what happens when your brain injury was the result of someone else’s negligent or reckless actions? Our brain injury attorneys provide the answers you need about seeking compensation after a TBI.
Can I Sue for a Traumatic Brain Injury in Florida?
When it comes to seeking compensation for a brain injury, you have the option of filing an insurance claim with the at-fault party’s insurance company (as it often happens with an auto accident or truck accident, for example). The advantage of seeking an insurance settlement is that you have a chance of receiving compensation faster than you would through a civil suit. The downside is that some insurance companies may offer you a low settlement or deny your claim altogether.
In those situations, you may consider filing a personal injury lawsuit to obtain fair compensation. This process may take longer to yield a settlement, but it is not unusual for victims to receive a larger settlement amount. Your personal injury attorney can advise you on the most appropriate course of action for your case.
Do I Still Have a Case if My Brain Injury Was Not Diagnosed Shortly After the Accident?
If your brain injury was not diagnosed immediately after the accident, you are not automatically barred from seeking compensation. It is quite common for brain injury victims to be sent home from the hospital without being properly diagnosed, only to return with TBI symptoms that did not manifest themselves for days, or sometimes weeks, after the accident.
This may make your case a bit more complicated, but a skilled brain injury attorney would be able to guide you in the right direction. It is extremely important to seek medical attention after an accident, even if you don’t feel injured. By doing so, you will have the necessary medical reports showing the progression of your symptoms and linking them to your accident and injury.
What Kind of Evidence Do I Need to Prove My Brain Injury Case?
A large number of brain injury cases are based on the theory that the defendant’s actions (or failure to take action when needed) contributed to the accident that caused the plaintiff’s brain injury–in other words, the defendant’s negligence was what led to the plaintiff getting injured. To prove negligence, evidence such as medical records, police reports, videos and photos of the scene of the accident, witness reports, and even the help of an expert witness may be useful to prove your case.
A civil lawsuit for a brain injury places the burden of proof on the plaintiff (the victim). By building a strong case, there may be fewer chances that the defendant (the at-fault party) will argue you contributed to the accident and thus share partial responsibility for it–a common move by insurance companies to try to reduce the amount of compensation you are eligible to receive.
What Can a Brain Injury Attorney Do to Help Me?
When you are suffering the effects of a TBI, you need to focus on your recovery and spending time with your loved ones. Brain injury cases can be quite complex and require extensive documentation and endless phone calls with insurance adjusters. When you work with a brain injury law firm such as Jiles Law, P.A., we can handle every aspect of your claim on your behalf. We will work hard to build a strong case in your favor and fight for maximum compensation. If you have been the victim of a brain injury due to someone else’s negligence, contact us at 863-875-6900.