How Can a Lawyer Help a Brain Injury Victim?

If you or somebody you love has sustained a brain injury caused by the careless or negligent actions of another individual or entity in Florida, you may be able to recover compensation for your losses. However, brain injury cases can become complicated. Injury victims need an attorney who can guide them through this entire process. Here, we discuss how a personal injury attorney can help a brain injury victim from the beginning of their case to the end.

1. Investigating the Incident

One of the first things that need to happen after a brain injury occurs is an investigation into the incident. You want an attorney by your side who can investigate this situation as soon as possible so they can gather any evidence before it is destroyed or discarded.

A brain injury attorney will use their resources to gather as much evidence as possible that can help prove liability, including video or photo surveillance of the incident, statements from eyewitnesses, police or accident reports, company safety records, and more.

2. Properly Calculating Losses

One of the hardest parts about securing compensation for a brain injury is the potential for long-term complications caused by the injury itself. Unlike other types of injuries where an individual is likely to recover and have no lasting effects, brain injuries can have long-term signs and symptoms that affect a person. In some cases, an individual may need medical care or in-home treatment for the rest of their lives after sustaining a brain injury.

A brain injury attorney in Florida will work with trusted medical and economic experts who can examine the facts of the situation and help provide proper damage estimates to insurance carriers or present their findings to a personal injury jury if necessary. These calculations will include all past, current, and future expected expenses the brain injury victim may incur.

3. Handling Negotiations

One of the most important parts of having an attorney handle a brain injury claim is the fact that they will deal with all communication and negotiations with other parties involved. Brain injury victims and their family members need to focus on recovery, not stepping into the ring with insurance carriers, at-fault parties, and other legal teams.

A skilled attorney will handle all negotiations with aggressive insurance carriers and other legal teams in an effort to reach a fair settlement.

4. Filing a Civil Personal Injury Lawsuit

In the event the insurance carrier refuses to offer a fair settlement for a brain injury in Florida, an attorney will handle the next steps towards recovering compensation. This will likely include filing a civil personal injury lawsuit against the at-fault party. In Florida, the personal injury statute of limitations is four years from the date an injury occurs. However, an attorney will not run out of this time limit. They will file the claim as promptly as possible, as soon as they know that this is the best route towards securing compensation for their client.

The civil lawsuit process can be challenging, but an attorney who has experience handling brain injury claims will get their client through this. They will handle the discovery process, continue negotiations with other parties, and prepare to present the case to a jury if necessary.

Contact the LaBovick Law Group today to schedule your free consultation.

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Premises liability

PREMISE LIABILITY

$450,000

James was searching for equipment for painting at Home Depot. In the aisle next to him, there was a worker on a lift stocking the highest shelf. The worker pushed boxes so far across the shelf that they fell off the other edge and hit James in the head. The force almost knocked James unconscious. He sat down and the loud bang got the worker off the ladder to see what fell. When they saw James they offered him a bucket and made a report. James did not recall leaving the store or how he got home. He did not recall much except being at home depot and getting hit in the head. Home Depot told him that it was a small box of dust masks that hurt him. We discovered it was actually a large box of emergency kits that fell off the shelf.

Personal injury

PERSONAL INJURY

$850,000

In this case, our client slipped and fell on water that had accumulated near the hot tubs/showers on the Lido deck of a major cruise line ship. The client suffered torn ligaments to her shoulder that required 2 arthroscopic surgeries. The cruise line took the position that the condition on the floor was open and obvious.

Premises liability

PREMISES LIABILITY

$980,000

Georgia was visiting a friend in the hospital when she walked out of the elevator and into her friend’s room. As soon as she entered the room she slipped on a newly mopped floor without any wet floor sign present. The floor was so wet that Georgia’s entire outfit was soaked. Because of the muted tile floor, the water was invisible. Georgia needed a back operation which was unsuccessful and caused her to slip into a coma. She luckily survived.

Motor vehicle accident

MOTOR VEHICLE ACCIDENT

$1.1 MILLION

AUTOMOBILE REAR END COLLISION

Rodrigo was driving his work truck home when he was rear-ended at a stoplight. Rodrigo needed a fusion of his thoracic spine. A terrible and complex operation. Unfortunately, while Rodrigo was undergoing the spinal operation, one of his children died and he was unable to be with his grieving wife. It was a tragic case that eventually settled.

Bicycle vs car accident

BICYCLE VS CAR ACCIDENT

$1.45 MILLION

David was a teacher at a local high school. He rode his bike to school in the morning and after school would ride another 10 miles for exercise. On a sunny afternoon on his way home an older driver turned right into him as he was riding down the street. He hurt his shoulder and neck and needed two operations. Defendant felt his injury was due to playing football 10 years earlier and would not provide him a fair or reasonable offer.

Car vs commercial truck accident

CAR VS COMMERCIAL TRUCK ACCIDENT

$3.4 MILLION

Joe was driving his 18 wheeler on the Florida Turnpike headed south after a long-haul run.  He was “bobtailing” which means he did not have a cargo trailer on the back of his truck rig.  A drunk driver lost control of his car causing Joe to avoid the accident but drive off the highway and into a canal.  He was injured in the accident but also witnessed a child die when he climbed out of the truck and came to the accident site.  There the injured child was trapped under the car and he was powerless to save the child before it passed.

Auto accident T-Bone

AUTO ACCIDENT T-BONE

$4.5 MILLION

Xao, a Vietnamese immigrant was driving home after work at night to see his pregnant wife. He stopped at a 4-way intersection and looked both ways. He did not see anyone in either direction. As Mr. X when through the intersection he was hit on the passenger side door by a mid-sized black SUV driving without their lights on. Mr. X was catastrophically injured.

Personal injury

PERSONAL INJURY

$8.2 MILLION

This was a hard-fought pedestrian accident case, in which our client was struck by an SUV driven by a teen driver, as they attempted to cross North Military Trail in West Palm Beach, FL. As a result of the accident, our client suffered numerous fractures, partial loss of vision and frontal lobe brain injury that affected his speech, and other personal injuries that required him to be hospitalized for 58 days.

At the time of the accident, our client was a cashier at Walmart and has been unable to return to work.

“This case is the epitome of what we consider part of our Core Culture and broad vision – which is to be Warriors for Justice,” stated Brian LaBovick. “Mr. Jacobus has serious permanent injuries and will continue to fight to regain his life into the foreseeable future. This verdict will allow him to get the professional help he needs to safely navigate the rest of his life.”

Medical malpractice

MEDICAL MALPRACTICE

$15 MILLION

Brain damages child due to medical negligence.  Mother was misdiagnosed upon entry to the hospital while under contractions.  The child was born severely disabled.