Suffering a traumatic brain injury (TBI) can be life altering and may result from a variety of incidents, such as auto accidents, construction accidents, boating accidents, falls, sporting accidents, violence and various other circumstances involving negligence. When you or a loved one has been a victim in such an instance, you need a personal injury lawyer in Pensacola who will bring you justice.
Brain injuries are classified as either closed or penetrating. Closed brain injuries are the result of blunt head trauma, like when a passenger’s head hits the dashboard or steering column during an auto accident. Penetrating brain injuries occur when an object passes through the skull, piercing the brain.
Common symptoms of suspected brain injuries are:
- Headache
- Dizziness
- Drowsiness
- Unconsciousness
- Memory loss
- Vomiting
- Numbness
- Swelling
- Sleeping more than usual
- Blurred vision
- Hearing loss or ringing ears
It is important to know that some head injuries do not show immediate symptoms. It can take up to several hours, even days to develop symptoms from brain injuries.
Legal Basis for a Brain Injury Claim
The legal basis for a brain injury claim will depend on the cause of the injury. The most common legal basis for a brain injury is negligence. Negligence is a legal principle that holds wrongdoers financially responsible for the damages they cause to other persons as a result of their actions.
In order to make a successful claim, a victim must prove all the elements of negligence. The elements of negligence are:
- The wrongdoer owed the victim a duty of care;
- The wrongdoer breached their duty of care to the victim;
- The breach of their duty caused harm to the victim;
- The wrongdoer’s action was the legal and proximate cause of the victim’s injury; and
- The victim suffered actual damages.
Failure to prove all elements of negligence would result in an unsuccessful claim.
Proving the elements of negligence requires extensive research and preparation. Not every personal injury lawyer has the capacity and the resources to effectively prepare a case. This is why it is very important that you choose a Pensacola brain injury lawyer with experience who can aggressively prosecute your case and get you the full and fair compensation you deserve.
At Zarzaur Law, we have the resources to investigate and prosecute your case, including an on-staff medical doctor.
How Much Compensation Can You Get For a Brain Injury Case?
Your compensation for a brain injury case will depend on the severity of your injury. Severe brain injury can result in paralysis, loss of sensory functions, paralysis, and loss of communication ability. These are injuries that can have long-term, life-altering consequences on you and your family.
Although no lawyer can tell you with any certainty how much compensation you will receive in your case, they can estimate the value of your damages based on factors including the circumstances surrounding your injury, the severity of your injury and its impact on your life.
There are two types of damages that a victim may get compensation for. There are economic damages and noneconomic damages. Economic damages are tangible damages that are easily quantifiable with things like receipts, pay slips, and invoices. Economic damages include losses such as medical expenses, past and future lost income, and any other economic loss that would not have occurred if the victim was not injured by the defendant’s negligence.
Noneconomic damages are intangible losses that are not easily quantifiable because they are subjective. Although your brain injury lawyer can provide expert testimony of an economist to put a value on your noneconomic losses, they are not as straightforward as economic damages. And, in some instances, the law limits the amount that a victim can claim as losses for noneconomic damages. Your lawyer will be able to advise you about what noneconomic damages apply in your case. Generally, noneconomic damages include pain and suffering, mental anguish, inconvenience, physical impairment, disfigurement, and loss of capacity for enjoyment of life.
At Zarzaur Law, we have the resources to investigate and prosecute your case, including an on-staff medical doctor.
Get Legal Help from a Pensacola, Florida Brain Injury Attorney
According to the Centers for Disease Control and Prevention, an estimated 5.3 million Americans living with long-term or permanent brain injuries need assistance to perform daily tasks. Brain injury can have a severe impact on the injured person, their family, work and social interaction. If you have suffered a brain injury as a result of another person’s negligence, don’t wait until time runs out before you take action. The time limit within which to make a claim for your injury would depend on the legal basis of your claim. You have two years from the date of your injury to make a claim based on medical malpractice, and four years for other personal injury cases based on negligence. Whatever the case, the sooner you take action, the better it is for your claim. It is important to seek the help of an experienced Pensacola personal injury lawyer to help make sure that any settlement presented for consideration is sufficient to cover costs now and in the future.
Contact an Experienced Pensacola Brain Injury Lawyer Today
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Zarzaur Law is a pure contingency fee law firm. There is NO FEE unless you win. If you don’t collect, we don’t either. Results matter, so make sure to check out our case results as well as our client reviews see what are clients have to say about our firm.
Additional Resources:
- What are the most common car accident injuries?
- Why Video Evidence is Important in Your Car Accident Injury Case.
- Who Pays For My Medical Bills After a Car Accident?
Contact our firm today to request a case review or call today at 855hirejoe for your FREE consultation.