A traumatic brain injury (TBI) can leave you dealing with lifelong repercussions. Healing from these injuries is often a slow process, and many victims never achieve a full recovery. If you or a loved one suffered a traumatic brain injury as the result of another party’s negligence or a deliberate act, you could be entitled to pursue compensation from the liable party.
At Viles & Beckman, LLC, we are well aware of the extreme challenges that TBI victims often face. Our team of traumatic brain injury lawyers in Cape Coral is ready and waiting to help you recover the compensation you require and deserve. Reach out to us today by phone or through our online contact form to schedule a free consultation with a member of our team.
Let a Professional Handle Your Legal Case
Following a traumatic brain injury, your focus should be on your health. However, legal concerns and an inability to cover your medical costs can prove detrimental to the healing process. When you hire a traumatic brain injury lawyer in Cape Coral to handle your insurance claim or personal injury lawsuit, you can turn your attention to your health concerns.
An experienced attorney will take over every aspect of your legal case from start to finish. This will allow you to rest easy, knowing that your financial future is in capable hands. This knowledge can help relieve stress, which can significantly speed up the healing process.
For a free legal consultation with a traumatic brain injury lawyer serving Cape Coral, call (239) 334-3933
Establish Liability for Your TBI
Before you can proceed with filing your legal claim, you must first identify who is liable for your damages. While this can often be quite challenging, an experienced TBI lawyer will know exactly what to look for when investigating your case. Once fault has been determined, they will be able to move forward with your insurance claim or personal injury lawsuit.
Cape Coral Traumatic Brain Injury Lawyer Near Me (239) 334-3933
Be Sure to File Your TBI Lawsuit Before the Deadline Passes
According to Florida Statutes §95.11, injury victims generally have two years from the date of their accident to submit the paperwork for a personal injury lawsuit with the court. If you let this deadline pass without filing your lawsuit, it could mean the loss of your right to pursue compensation from the liable party.
However, it is vital that you realize that exceptions to the statute of limitations exist. An exception could potentially enable you to submit your lawsuit years after the usual two-year deadline has passed. Alternatively, you could discover that an exception applies to your case that actually further limits the amount of time you have to pursue damages.
Rather than having two years to take action, you could be restricted to a matter of months. When you hire a traumatic brain injury attorney in Cape Coral shortly after your accident, you will be giving yourself the best chance of meeting all deadlines and recovering the compensation you need.
Use Caution When Offered a Settlement Deal
Although the majority of traumatic brain injury cases end up being resolved through a settlement, that does not mean that a settlement offer is always going to be to your benefit. The truth is that the first settlement deal you receive will likely be far below the total value of your claim.
Insurance companies often attempt to take advantage of accident victims by approaching them soon after their injury occurs. They want to get to you while you are at your most vulnerable. These companies often extend a settlement offer before victims have a chance to hire legal representation. They hope that desperation will lead victims to accept a lowball offer.
The best means of protecting yourself against these predatory tactics is by refusing to speak with the insurance company until after you have hired an attorney. Once you have hired a lawyer, the insurer will be forced to take all settlement deals to them. This helps level the playing field and gives you the best chance of getting the money you need.
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Recoverable Damages Following a Traumatic Brain Injury
After suffering a TBI, there are a variety of damages you will likely be able to pursue. These damages are divided into three primary categories. These main categories are:
- Economic damages
- Non-economic damages
- Punitive damages
All the losses you sustain following a traumatic brain injury that are of a financial nature are considered to be economic damages. The most commonly available economic damages include:
- Medical costs
- Future medical expenses
- Property damage
- Modifications made to your home or vehicle to accommodate a disability
- Lost wages
- Diminished earning power
All of your other losses fall into the broad category of non-economic damages. The most commonly available non-economic damages include:
- Mental anguish
- Permanent disability
- Scarring and other disfigurements
- Pain and suffering
- Decreased quality of life
- Loss of consortium
Punitive damages are not awarded in most cases. Unlike the compensatory damages listed above, punitive damages are not used as a way of replacing losses suffered by an injury victim. Instead, these damages are assessed in order to punish the liable party for their actions and to hopefully prevent similar behavior going forward.
A judge will only award punitive damages when the at-fault party was criminally negligent or if they behaved in a manner meant to cause harm.
Contact a Traumatic Brain Injury Attorney in Cape Coral Today
After sustaining a traumatic brain injury, the best path forward is to hire an experienced lawyer who can help you recover the compensation you need. At Viles & Beckman, LLC, we have a long history of ensuring our clients get the money they need following an accident.
Complete our online contact form or reach out to us by phone to schedule a free case evaluation with one of our Cape Coral TBI attorneys today.