LEGALLY REVIEWED BY
Michael Hersh and Ian Kirtman, Trial Attorneys
September 15, 2024
Attorneys Michael Hersh and Ian Kirtman are experienced personal injury attorneys who have won their clients more than $100 million in verdicts and settlements throughout their 30 years of experience.
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Suffering a traumatic brain injury, or TBI, is catastrophic and often has a lifelong impact. If you have suffered a TBI due to the negligence of another party, you can pursue compensation for the lifelong impacts of this injury by working with one of our experienced Florida attorneys. Pursuing a claim involving a traumatic brain injury presents certain complications that claims involving other types of injuries do not. It is imperative that you work with an attorney who understands the medical needs that arise from a TBI and who has experience proving claims involving TBI.
At Hersh Kirtman Injury Law, our Florida personal injury law firm has many years of experience helping clients, including clients who have suffered varying degrees of brain injuries, from concussion to permanent vegetative and minimally conscious state. We have experience handling various types of personal injury cases, including car crashes, slip- and trip-and-falls, construction incidents, roadway design cases, product failure, and medical malpractice, among others, any one of which may involve TBI. Our Boynton Beach personal injury lawyers provide dedicated legal assistance to clients in their time of need. Our trusted Boynton Beach personal injury attorneys have a track record of success and will protect, guide, and advocate for you throughout each phase of the claims process.
Recovering Compensation for a Traumatic Brain Injury
If you suffered a traumatic brain injury in an incident that was caused by the negligence of another party or parties, a trusted Florida lawyer can help you pursue a claim to recover for the harm and losses you have suffered.
To recover damages for a TBI caused by the negligence of another, you must prevail on your claim, requiring that you prove all four elements of negligence. These elements are as follows:
- The liable party owed you a duty of care
- The duty of care was breached
- The breach of duty caused the accident or incident that led to you suffering harm, such as a traumatic brain injury
- You suffered losses as a result of the liable party’s negligent acts
Therefore, before turning to proving and establishing the extent of your TBI, you must still prove liability against a negligent party. What evidence to gather, and how to prove your case, depends on the facts of your incident and case, and necessitates the involvement of an experienced attorney.
Should there be an at-fault party who caused the incident leaving you with a TBI, then you must prove your damages and losses. The amount of compensation you may be eligible to recover will heavily depend on various factors in your unique case. These factors may include the severity of your traumatic brain injury, how long it will take you to recover, whether you will recover fully, and your overall circumstances going forward after the injury. Having the help of a trust lawyer to ensure you are able to pursue a personal injury claim and recover compensation after a traumatic brain injury leaves you with lifelong impacts is crucial.
This is especially so when the case involves a traumatic brain injury. Unlike broken bones, or other injuries that are visible to the jury, traumatic brian injuries cannot be seen by the jury. Your attorney should make every effort to understand, from your treating providers, not only the extent of your injury, but what evidence exists to demonstrate it to the jury. This evidence may include MRI, DTI, and other imaging. Traumatic brain injuries generally start with an impact to or sudden movement of the head. Loss of consciousness, skull fractures, and bleeding inside and around the brain, are typically indications of a brain injury, and may provide insight on the expected long term effects. There are numerous providers involved in treating and understanding the severity of a traumatic brain injury, including emergency physicians, neurologists, neuro-radialogists, and neuro-psychologists, among others. TBI often leads to varying symptoms, including certain symptoms and limitations that cannot be seen and are hard to explain and show, such as cognitive impairment, attention deficits, memory deficits, and impaired executive functioning. For all of these reasons, among others, it is critical to involve an attorney with the right experience and knowledge to handle and pursue your case.
Damages You Can Recover After Suffering a Traumatic Brain Injury
It is an unfortunate fact that traumatic brain injuries often leave victims with lifelong impacts. Some victims may never make a full recovery from this type of catastrophic injury. For this reason, it is crucial that you pursue a personal injury claim that will allow you to recover compensation for the losses you may have suffered after a traumatic brain injury.
The damages you may be eligible to recover after a traumatic brain injury under Florida law include the following:
- Medical expenses incurred in the past and to be incurred in the future
- Lost wages in the past
- Lost earning potential in the future
- Pain and suffering, and other non-economic harm
To recover compensation for future medical care and wage and earning capacity losses, you must present evidence demonstrating those damages. To prove future medical care, there are various experts who may be needed for testimony, including treating medical providers, retained medical experts, physiatrists, and life care planners. Vocational rehabilitation experts may be needed to address earning capacity losses. Proving all available damages is complex, and should involve the assistance of an experienced attorney.
To begin the process of pursuing your traumatic brain injury claim, contact a Florida personal injury law firm today to learn more.
How We Help You Pursue Compensation for a TBI
At Hersh Kirtman Injury Law, we know the devastating impact a traumatic brain injury (TBI) can have on your life. With years of experience handling various personal injury cases, our lawyers are dedicated to providing the support and guidance you need. We are committed to protecting your rights and helping you pursue the compensation you deserve.
Our track record of success speaks to our ability to effectively advocate for our clients. We will work tirelessly to ensure you receive fair compensation for medical expenses, lost wages, pain and suffering, and other losses. Contact us today at (561) 208-3700 or through our contact form to take the first step toward justice and recovery.
