Traumatic Brain Injuries (TBI) represent a significant health challenge with profound personal impacts. At Rue & Ziffra, we recognize the critical importance of addressing TBIs with the utmost seriousness and professionalism. Serving individuals and families affected by TBIs in Volusia and Flagler Counties since 1976, our dedicated injury attorneys bring a wealth of experience and a compassionate approach to each case, ensuring that those impacted receive both the specialized medical care they require and the financial compensation they are entitled to.
Call now to discuss your case with a Central Florida traumatic brain injury lawyer.
TBIs can occur in numerous scenarios, from car crashes to sports accidents, affecting all age groups. These injuries range from concussions, once deemed minor but now understood as potentially having severe long-term effects, to more grave conditions like diffuse axonal injuries and hematomas. The repercussions of a TBI can be extensive, including substantial medical expenses, loss of work, and significant personal and emotional adjustments.
The severity of these injuries makes taking legal action critical; reach out to a Central Florida TBI lawyer for help with your case.
Our Central Florida lawyers’ experience covers a broad spectrum of TBIs, including but not limited to:
All cases have varying circumstances, and the recoverable damages and settlement amounts depend on the specifics of the case. However, the civil court typically awards compensation for all the medical exp expenses related to the accident, lost pay and benefits, and earning potential if they must miss extended periods or are unable to return to their position altogether.
Medical expenses include prescriptions, ongoing medical services, devices and equipment, and psychological and physical therapies. For the non-monetary damages, they typically compensate for pain and suffering, loss of enjoyment of life, emotional and mental distress, and permanent disability. A traumatic brain injury lawyer in Central Florida can help document these damages to strengthen your claim.
Florida differs from many other states and uses a no-fault insurance system for car accidents, with the option to file a claim under a fault system if necessary. That means everyone involved must first rely on their own auto insurance policy and Personal Injury Protection (typically referred to as PIP coverage) to pay for their medical care, for a minimum of $10,000.
That covers the initial medical bills and lost wages, regardless of fault. However, for catastrophic injuries, such as severe TBIs, victims have the right to depart from the no-fault requirements and file a claim against the liability party. Working with a Central Florida traumatic brain injury attorney can help you pursue full compensation beyond PIP limits.
Proving the elements of liability requires showing the court that the individual owed the victim a legal duty of care, which is an expected obligation to act reasonably and avoid causing them harm. That could include following traffic laws to prevent causing avoidable vehicle collisions.
The case must also demonstrate that their actions, such as running a red light, breached their legal obligations. That violation was directly related to the accident and brain injuries the plaintiff suffered.
The first vital law to be aware of is the civil court’s personal injury statute of limitations, which sets a strict deadline for when the victim must initiate legal action. Under Florida Statute § 95.11, TBI cases typically have a two-year expiration date, with the time starting on the day of the cause of action. While some circumstances could extend the timeline, missing the cutoff date usually means losing eligibility to obtain compensation from the responsible party. A Central Florida TBI attorney can help ensure claims are filed on time and preserve crucial evidence.
The state also follows a modified comparative fault rule, meaning that the plaintiff can recover monetary damages, even if they are party at fault, as long as they are less than 50 percent liable. If the court finds they are over 50 percent responsible, they will bar them from recovery.
Florida generally does not cap non-economic damages, which include pain and suffering and emotional distress, in standard personal injury cases. All economic damages, which are the out-of-pocket expenses that result from the accident, are recoverable.
Our dedicated team of attorneys at Rue & Ziffra is committed to providing aggressive and empathetic legal representation for TBI victims in Central Florida. With over 195 years of combined experience in personal injury cases, we are equipped to handle the complexities of TBI claims, ensuring our clients have access to necessary medical interventions and advocating for their right to comprehensive compensation.
Local Experience: As “Your Local Attorneys,” we possess an intimate understanding of the Central Florida community and the specific challenges TBI victims face in our region
Client-Focused Service: Our priority is our clients’ satisfaction and well-being. We dedicate ourselves to providing personalized attention, respect, and the compassion they deserve during such trying times
Proven Track Record: Our successful history of securing just compensation for our clients underscores our commitment to fighting tirelessly on behalf of TBI victims and their families
If you or a loved one has suffered a TBI due to someone else’s negligence, it’s crucial to understand your legal rights and options. The team at Rue & Ziffra is here to guide you through the process, from initial consultation to securing the compensation you need for recovery and beyond.
Contact us today to schedule your free initial consultation with a Central Florida traumatic brain injury lawyer. We’re available 24/7, offering services in English and Spanish to ensure comprehensive support for our community. Remember, with Rue & Ziffra, you pay nothing unless we win compensation for you. Let us be your advocate, fighting for the justice and support you need to navigate the aftermath of a traumatic brain injury.
While some patients can fully recover from the effects of their concussions, many will experience long-term (or even permanent) effects from their traumatic brain injuries. The Centers for Disease Control and Prevention (CDC) recognize four types of long-term effects from concussions:
Some accident victims will also experience a condition known as post-concussion syndrome (PCS). With PCS, the symptoms of a concussion – which typically subside in a matter of weeks – can last for months or years. These include symptoms such as:
Concussions are very common. As scientists and medical researchers continue to learn more about concussions, we are beginning to better understand just how common these injuries really are. According to research, 40% of the 300,000 annual hospital visits for sports-related TBI involve concussions, and emergency room visits for treatment of concussions have risen sharply over the past several years.
All types of traumatic brain injuries have the potential to support claims for financial compensation. If someone else, a business, or a dangerous or defective product may have caused your injury, we strongly encourage you to speak with one of our attorneys. Some of the most common types of accident cases we handle on behalf of individuals diagnosed with TBI include:
Learn more about your rights after an accident resulting in TBI.
If you have a personal injury claim as a result of your traumatic brain injury, you can seek compensation for all of the losses you suffer as a result of your TBI. This includes current and future losses, and it includes all forms of financial and non-financial harm. In a typical case, the types of compensation available will include:
Calculating your losses from a traumatic brain injury isn’t easy. It requires a thorough understanding of the long-term impacts of your injury as well as in-depth knowledge of the law. When you choose Rue & Ziffra Law Offices to represent you, we will work with you, your doctors, and our trusted medical and economic experts to make sure you receive the compensation you deserve.
Rue & Ziffra – Your Trusted Personal Injury Lawyers
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