Recovery from a brain injury can take considerable time. Very severe, long-lasting injuries can leave an individual suffering indefinitely and experiencing debilitating effects in every aspect of their lives. If you suffered a brain injury due to another party’s negligence, you can take legal action against them and seek damages to pay for your many losses.
At GED Lawyers, we help Estero residents receive the financial support they need to pay for medical treatment, lost wages, and other debts they have accumulated due to their injuries. If you seek the advice and support of Estero brain injury lawyers who genuinely care about ensuring you receive justice, please contact us today.
Filing a Brain Injury Lawsuit in Estero, FL
There are several ways individuals who sustain a brain injury can receive compensation for their losses, depending on where and how the accident occurred. For example, employees injured on the job may file for workers’ compensation, and car accident victims can get help from an auto insurance company. Still, multiple parties may be responsible for causing a person’s brain injury, and insurance policies may not pay for all the losses a victim incurs.
For this reason, it is recommended that brain injury survivors consult with an attorney who can offer advice regarding one’s legal rights and options before any action is taken. In many cases, a civil lawsuit can be filed against the liable person(s) or entity(s) for compensation, sometimes in addition to damages already covered by insurance companies. Florida Statutes § 95.11, you have up to two years to do this.
If you decide to pursue a lawsuit, you, as the claimant, will need to prove that the defendant in your case:
- Owed you a duty of care
- Breached or violated this duty
- Caused the accident and your injuries by breaching this duty or standard of care
- Is thereby responsible for your injury-related losses, which you can prove do, in fact, exist
Common Causes of Brain Injuries in Estero, FL
A brain injury can occur from any number of circumstances in which another party may be held liable, including the following:
- Slips, trips, and falls
- Construction site accidents
- Motor vehicle crashes
- Traffic accidents involving pedestrians or bicyclists
- Medical malpractice
- Physical assaults
Often, these result from another’s reckless action or omission. Sometimes, such as in cases of assault, it’s due to deliberate and malicious behavior. Even when the cause of a brain injury is an unintentional accident, the victim may have a legal right to pursue compensation from an at-fault person, business, or other entity.
Approaches to an Entity’s Liability
Although brain injuries are often caused by one individual’s careless actions, other times, it is not so simple. Other responsible parties that can be the target of a lawsuit seeking due compensation include property owners, corporations, medical facilities, etc., such as in the following cases:
Premises Liability
The property owner had a duty of care to ensure the premises was hazard-free or alert guests of potential dangers when a repair was not immediately possible. Therefore, if a guest has an accident due to unsafe conditions or a lack of warning, the owner would then be liable for injuries that person sustained.
Product Liability
A manufacturer has a duty of care to design and produce a safe product that is defect-free and to provide customers with appropriate warnings and instructions for use. If the company fails to do so, it may be liable for injuries a customer sustained while using the product.
Medical Malpractice
If you sustained a brain injury due to a health provider’s negligence or failure to provide you with a reasonable standard of care, that professional would be considered liable, and you would be advised to pursue a lawsuit. However, in some cases, you could also sue the medical facility where the professional practiced healthcare.
For example, suppose a hospital or clinic was also found liable for your brain injury. In that case, it might also be required to compensate you for medical costs and other injury-related damages, such as pain and suffering.
Contact one of our lawyers today as there are different time limits to pursue legal action for different types of injuries. If you wait too long to take action it will only be harder to get the compensation you deserve. Our lawyers will be able to help you determine where you are at as far as time limits go and will be able to help navigate you from there.
Common Brain Injuries in Estero, FL
Often, lawsuits are filed concerning brain injuries classified as traumatic brain injuries (TBIs), which can be any injury to the brain caused by a violent blow or jolt to the head, neck, or body. A puncture by an object can sometimes cause a TBI, such as by a bullet or other weapon. TBIs can range from mild to severe.
According to the Centers for Disease Control and Prevention (CDC), an estimated 1.7 million people in the U.S. each year suffer a TBI. Of those, 52,000 are fatally injured, 275,000 are hospitalized, and 1.36 million are treated and released from emergency care.
Signs and Symptoms of TBIs
Mild traumatic brain injuries or concussions are temporary. With rest and appropriate medical care, a person with a concussion can expect to recover fully from their injury. Typically, concussions are characterized by a brief loss of consciousness from several seconds to a few minutes or feeling dazed and confused if the person remains conscious.
Signs and symptoms of mild TBIs can include the following:
- Headaches
- Nausea and vomiting
- Fatigue
- Dizziness
- Blurry vision and photophobia
- Ringing in the ears
- Speech problems
- Memory impairment
- Anxiety or depression
- Changes in taste and smell
Moderate and severe TBIs are characterized by a more extended loss of consciousness lasting from several minutes to several hours or longer.
Shared signs and symptoms of moderate-severe TBIs include the following:
- Enduring headaches
- Lasting nausea and severe vomiting
- Seizures
- Confusion
- Slurred speech
- Problems with awakening
- Dilated pupils
- Agitation and irritability
- Coma
- Vegetative state
TBIs are among the most common brain injuries but are not the only kind a person can sustain. Others include contusions, diffuse axonal injuries, and oxygen-deprivation injuries (hypoxia).
Consult with an Estero Brain Injury Lawyer Today
GED Lawyers represent Florida residents who have suffered brain injuries due to the negligence of another party. Our Estero brain injury attorneys are dedicated to pursuing justice and maximum compensation for our clients. Please contact us today for a free consultation to receive one-on-one legal counsel and effective representation.
