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Our experienced St. Petersburg brain injury attorneys are dedicated to recovering full compensation for our clients. When a loved one suffers a traumatic brain injury, the burden often falls on close family members to provide medical care. The financial burden can be extremely stressful, especially considering that it is not your only financial responsibility.
Let the team of caring brain injury lawyers at Salter, Healy, Rivera & Heptner help get you the compensation you need to provide the proper care to your loved one after a serious injury in St. Petersburg. We give you the highest level of attention and care throughout your case. If your case goes to trial, our dynamic lawyers utilize nearly 30 combined years of trial law experience on your behalf. We pledge to provide you with outstanding legal service, and you don’t pay any fees or costs unless we obtain a settlement for you. Find out how we can help when you schedule your free consultation.
Traumatic brain injuries (TBIs) can have devastating long-term consequences and result in permanent disabilities. This type of damage can occur due to a number of accidents, acts of violence, and negligent actions. According to the Centers of Disease Control and Prevention (CDC), some of the most common causes of traumatic brain injuries include the following.
People suffer brain injuries in a variety of ways. Blows to the head in sports, auto accidents, and falls are among the primary causes. One of the most dangerous aspects of brain injuries is that symptoms can quickly progress from apparently mild to very severe. Symptoms also tend to be confusing or inconsistent, and so many brain injuries are completely overlooked.
Without proper medical attention, brain injuries can cause long-term medical problems such as:
If you develop a brain injury, you can sustain serious physical, emotional, and financial damages. However, you may be able to recover compensation for these losses through an insurance claim or lawsuit. Your path to recovery will depend on the circumstances surrounding your brain injury.
For example, if you are injured in a fall on someone else’s property, you could file a premises liability lawsuit against the owner if a hazard on the property caused your accident. If a dangerous product is responsible for the TBI, you could file a product liability against its manufacturers. Healthcare professionals whose negligent actions cause brain injuries may be liable through a medical malpractice lawsuit.
If you are injured in a St. Petersburg car accident, you have multiple options for recovery. You could file a claim under your own personal injury protection (PIP) insurance for medical expenses and other financial losses from your accident, excluding vehicle repairs and pain and suffering damages. In certain circumstances, you could also qualify for a third-party insurance claim or lawsuit against the driver responsible for your collision.
Under Florida law, an injury is considered serious if it meets one or more of the following requirements.
Since brain injuries usually meet Florida’s serious injury threshold criteria, you will likely be eligible for a third-party claim against the at-fault driver. Speak to a St. Petersburg brain injury attorney at Salter, Healy, Rivera & Heptner to discuss your legal options and identify your optimal path to maximum compensation.
We want to relieve you of the emotional stress involved in providing expensive medical care for a loved one. We give you personal attention and create a relationship based on honesty as we work to secure damages for:
To secure compensation in a Florida brain injury claim, you will need to prove that the at-fault party’s liability caused your accident and resulting injuries. For personal injury claims, such as those involving car accidents or falls on someone else’s property, you will need to provide enough evidence to establish the following four elements.
Duty: The at-fault party owed you a duty of care. This will depend on the circumstances surrounding your case. For example, drivers have a duty to drive safely and follow traffic laws, and property owners have a duty to maintain safe premises and respond to hazards within a reasonable timeframe.
Breach of duty: The at-fault party breached his or her duty of care through a negligent act or failure to act. For example, a driver who operates his or her vehicle under the influence breaches his or her duty of care. A landlord who ignores requests to repair broken stairs also breaches his or her duty.
Causation: The at-fault party’s breach of care caused your accident and your brain injury. You will need to prove that the accident would not have occurred if not for the at-fault party’s actions. You can use many pieces of evidence to establish causation, including police reports, correspondence, witness testimony, medical records, and surveillance footage.
Damages: You sustained damages in the accident that you are eligible to recover in your lawsuit. These losses may include medical expenses, lost wages, property damages, and pain and suffering.
Although you may be able to establish the elements of negligence in your brain injury lawsuit, the at-fault party may use a number of tactics to defend himself or herself. For example, a property owner may claim that he or she did not have enough time to reasonably respond to the hazard that injured you. A negligent driver may claim that you failed to signal before turning, leading to the collision.
If the court accepts these claims, your settlement could be at risk. Under Florida’s pure comparative negligence laws, your award will be reduced by the amount of liability that the court determines you share. Unlike other states, which bar recovery at a certain percentage, Florida allows you to recover compensation even if you are 99% at fault for the accident.
For example, say that you are in an accident with a driver who runs a red light. Surveillance footage discovers that you were texting and driving at the time of the accident. The court then assigns you 30% of the liability. If you request $30,000 in compensation, you will only recover $21,000.
If you believe that you may qualify for a brain injury lawsuit, it is important to speak to a St. Petersburg personal injury attorney at Salter, Healy, Rivera & Heptner as soon as possible. Under Florida’s statute of limitations for injury claims, you have four years from the date of your accident to file your lawsuit. If you file your claim after this deadline, the court will likely dismiss your case—preventing you from recovering compensation.
At Salter, Healy, Rivera, & Heptner, we make ourselves available to you at all times to help you through your brain injury case. Call our office or contact us online to schedule a free consultation. We will come to you. Get the results you need by taking advantage of our significant trial law and litigation experience. We stand up to insurance companies and medical professionals for you to ensure your loved one gets the care he or she needs.