What Is the Average Brain Injury Settlement in Florida?

Although the losses you suffer from a traumatic brain injury will be specific to you, the following economic damages are usually compensable in a brain injury claim if negligence on the part of another contributed to your injury and loss:

• Medical costs that include immediate needs such as ambulance, emergency care, imaging, surgery, hospital stay, or prescriptions, and long-term care that may include rehab, assisted living, speech and occupational therapy, physical therapy, or counseling
• Loss of income during your recovery period and the difference in wages, should your injury reduce your earning capacity
• Financial losses of future earnings should you be unable to resume work, taking into consideration your profession, age at the time of your injury, and educational level
• Loss of pension, insurance, and other benefits associated with your work
• Costs of adapting your home and vehicle to your current needs
• Out-of-pocket expenses such as help with home maintenance or childcare

Non-economic damages, those that are more subjective, are also part of a compensation settlement or verdict and may include:

• The pain and suffering you experience at the time of your injury and, as can happen in some cases, that you live with for the long term
• The depression, anxiety, and mental anguish that often occur with traumatic brain injuries
• The daily inconveniences that are part of living with a permanent disability
• The loss of or change in relationships
• The loss of enjoyment of life

Your attorney and medical team will work to account for all of your past and current injury-related losses, and project what may lie ahead as severe brain injuries often become chronic illnesses with potential secondary conditions, such as mental illness, dementia, seizures, hormone deficiencies, migraines, tinnitus, or Parkinson’s disease.

Your brain injury settlement or verdict must account for your past, current, and future losses and needs.

Florida recently changed to a modified comparative negligence rule when determining who may recover damages after an accident. If it is found that your percentage of fault for your injury accident was greater than 50%, you will not be able to collect financial compensation.

Should negotiations for your brain injury settlement not reach an agreement, you may want to pursue a judgment or verdict through the courts. According to Florida Statutes § 95.11(4)(a), you have two years from the date of your injury to begin legal action. If you miss that deadline, you will most likely be barred from seeking justice in court.

There are exceptions to the two-year rule that a Boca Raton personal injury lawyer will be able to clarify for you.

If you are seeking a brain injury settlement or judgment, you must prove that an individual acted negligently and caused your injury. To do this, you must establish these four elements:

• The defendant (the person or entity you are suing) had a duty to show reasonable care toward you and not cause harm
• The defendant breached that duty of care by not acting to prevent harm in the way a reasonable person in the same circumstances would have done
• The breach of duty caused the accident in which you suffered a head injury
• You suffered losses due to your injury

Once negligence is proven, you must determine who is liable for your losses. Liability may lie with the employer of the negligent person, the negligent individual, or a third party. For example, if a big rig’s brakes fail due to a defective part, causing the truck to collide with your car, it may be the parts manufacturer who is liable, rather than the driver or the driver’s employer.

Brain injuries are expensive. Even when negligence is obvious and liability is clear to everyone, you may run into problems recovering the compensation settlement that you deserve because insurance companies limit their policy payouts.

If the insurance company says they can only pay their limit, but it is not enough to cover your losses, you may have to sue the liable person or business. The insurance company will have to defend their client against your lawsuit and pay you the maximum limit on the policy.

If the person or entity you are suing has assets, you may be able to recover enough to compensate you for all your losses. Speak with a Florida personal injury attorney experienced in brain injury claims to get an idea of your legal options.

A brain injury is a type of personal injury, which is why you will work with a personal injury lawyer should you decide to get professional legal help with your case. The attorney will investigate to determine who was at fault for the accident and your severe injury, and who is liable for the compensation you deserve.

Nearly all personal injury cases are negotiated settlements between the injured party and the liable party’s insurance company. If the insurance company does not negotiate in good faith, you and your attorney may need to file a personal injury lawsuit and seek a jury verdict from the court.