West Palm Beach Brain Injury Attorneys

Compensation Pathways for Brain Injury Victims

Brain injuries can impose devastating financial burdens that extend far beyond immediate medical treatment. At South Florida Justice, we’ll take charge in the fight to secure the monetary recovery you deserve.

• Medical expenses: Full coverage for brain injury treatment, including emergency care, surgery, comprehensive neurological care, and advanced diagnostic testing.
• Rehabilitation services: Comprehensive therapy programs, including cognitive rehabilitation, speech therapy, and physical therapy specific to brain trauma.
• Lost income: Replacement of wages lost during brain injury recovery and compensation for reduced earning capacity.
• Long-term care: Coverage for ongoing brain injury care needs, including specialized medical equipment and home health services.
• Reduced quality of life: Compensation for permanent lifestyle changes and limitations caused by the brain injury.
• Family support: Addressing the impact on family relationships and the need for caregiver assistance.
• Pain and suffering: Recognition of both physical and emotional trauma associated with brain injuries.
• Property modifications: Necessary changes to home or vehicles to accommodate brain injury-related disabilities.
• Future medical needs: Projected costs for continued brain injury treatment and potential complications.
• Educational support: Resources for relearning skills or adapting to new limitations after brain trauma.

For fatal brain injuries, Florida Statutes §768.16 allows surviving family members to seek damages for funeral expenses, loss of companionship, and loss of financial support.

Who's Liable for Brain Injury Losses?

Brain injuries can occur through various circumstances, leaving victims and their families unsure of how to proceed with a legal case. Identifying the responsible parties is crucial for securing a path to recovery.

• Employers: When brain injuries occur in the workplace due to unsafe conditions, inadequate training, or failure to follow safety protocols.
• Property owners: Individuals or businesses who fail to maintain safe premises or address known hazards that lead to brain injuries.
• Manufacturers: Companies that produce defective products, safety equipment, or machinery that contribute to brain trauma.
• Medical professionals: Healthcare providers who cause brain injuries through medical malpractice, surgical errors, or negligent treatment.
• Institutional entities: Schools, sports organizations, nursing homes, or other institutions that fail to protect individuals under their care.
• Vehicle operators: Drivers of cars, trucks, motorcycles, or other vehicles responsible for accidents causing brain injuries.
• Contractors and site managers: When construction or workplace environments do not meet safety regulations.
• Governmental entities: In cases involving public property, government-maintained facilities, or accidents on public infrastructure.

Our team conducts thorough investigations to identify all parties who may be legally accountable and pursue the compensation our clients deserve.

Laws Affecting Brain Injury Cases in South Florida

Several aspects of Florida law govern personal injury cases after a traumatic brain injury. These include:

Comparative Negligence

Florida’s comparative negligence rule (Florida Statutes §768.81) applies to most brain injury cases. You can recover compensation even if you were partially at fault, but your award is reduced by your percentage of fault. For example, being 20% responsible means you can recover 80% of your damages.

Statute of Limitations

Under Florida Statutes §95.11, you have two years to file a personal injury claim. Cases against government entities may require a 180-day notice before filing.

For TBIs caused by medical errors, Florida Statutes §766 applies, requiring pre-suit investigations, affidavits from medical professionals, and adherence to strict timelines — usually within two years of discovering the malpractice. Timely action in all cases is critical to protect your rights.

Insurance Requirements and Considerations

Florida’s no-fault insurance law applies to car accidents but is often insufficient for TBI cases. Victims must meet the “serious injury threshold” to pursue claims beyond their personal injury protection coverage. Uninsured/underinsured motorist coverage is crucial when the at-fault party lacks adequate insurance.