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Brain trauma caused by serious accidents can have life-altering consequences. Victims can face long and difficult roads to recovery, and families can face significant financial and emotional strain. As a result, it is important for victims and their families to take legal action when warranted. Talking to an experienced Fort Myers personal injury attorney is the first step in the process.

From auto accidents, motorcycle accidents, to falls, all types of accidents have the potential to result in life-altering brain trauma. Blunt-force trauma, violent shaking, and the effects of cervical sprain can all have serious consequences—and these consequences can impact all aspects of victims’ and their family members’ lives.

In many cases, accident victims who have suffered brain trauma will have grounds to take legal action. This involves filing a personal injury claim under Florida law. While filing a claim is a complex legal process, an experienced Fort Myers personal injury attorney at Spivey Law Firm, Personal Injury Attorneys, P.A. can help—and victims and families can hire a personal injury attorney to represent them at no out-of-pocket cost. We work on a contingency fee basis, and receive no compensation unless you receive compensation.

Proving Liability for an Accident that Resulted in Brain Trauma

Filing a personal injury claim after a life-altering accident starts with proving that someone else deserves to be held legally and financially responsible. To prove liability, your attorney may need to rely on evidence from several sources, including:

• Your Photos, Videos, and Records – If you have any photos or videos from the accident scene, these could serve as important evidence of liability. Police reports, medical records, and any other records you have related to the accident could also be helpful.
• Eyewitnesses – Eyewitnesses can help with piecing together the events that led to a serious accident. If anyone witnessed your (or your loved one’s) accident, your attorney will want to speak with them as soon as possible.
• Expert Witnesses – During your case, the team at Spivey Law Firm may also need to engage various expert witnesses. Expert reports and testimony can be used to prove everything from the cause of an accident to the long-term effects of an accident victim’s brain trauma.
• The Discovery Process – If necessary, your attorney can also seek to gather evidence through the formal discovery process. After filing a personal injury lawsuit on your behalf, your attorney will have the right to request internal records and other forms of documentation from the at-fault party.

These are just examples. From traffic and surveillance camera footage to receipts and cell phone records, various other forms of evidence may also be available. Determining what evidence is available in your case will be key to assessing your legal rights.

Proving the Financial and Non-Financial Costs of Brain Trauma

Along with proof of liability, filing a successful personal injury claim will also require proof of the costs you are entitled to recover. Brain trauma victims and their families are entitled to just compensation for their financial and non-financial costs under Florida law. This includes their present and future:

• Medical Costs
• Other Out-of-Pocket Costs
• Lost Income and Benefits
• Physical Pain and Suffering
• Emotional Trauma and Other Effects

Proving these costs is also a multi-step process that requires various forms of evidence—including expert reports and testimony. Once you hire an experienced Florida personal injury attorney to represent you at Spivey Law Firm, your attorney will be able to take the necessary steps to calculate just compensation for the total financial and non-financial costs of the accident.

Making Informed Decisions About When (and If) to Settle

Personal injury cases involving brain trauma (and other types of serious traumatic injuries) are often resolved through the insurance settlement negotiation process. If the at-fault party’s insurance company makes a settlement offer in your case, you will need to make an informed decision about whether to accept. This is a decision that could impact the rest of your life, so it is important to focus on your long-term needs rather than the desire to move on.

Here, too, your attorney at Spivey Law Firm can guide you forward. After calculating the lifetime costs of the accident, we can help you understand what you should (and should not) be willing to accept in terms of a settlement. This will allow you to feel confident in your decision-making—and, whether you accept a settlement or reject the insurance company’s offer and keep fighting for more, you will know that you made the right choice for yourself and your family.

FAQs: Personal Injury Claims Involving Brain Trauma in Florida

When can you file a personal injury claim for an accident that resulted in brain trauma in Florida?

Accident victims and families that are coping with the effects of brain trauma can file personal injury claims in a wide range of circumstances. To find out if you have a claim, you should consult with an experienced Fort Myers personal injury attorney at Spivey Law Firm promptly.

How long does the settlement process take in cases involving brain trauma?

There is not a “standard” settlement timeline for brain trauma cases, and there is no guarantee that any case will settle. Once you hire an attorney to represent you, your attorney will be able to provide a realistic assessment of the potential timeline and outcomes of your case. If your case does not settle, we are ready to advocate on your behalf in court to receive the justice that you deserve.

Is it worth hiring a Fort Myers personal injury attorney to represent me?

If you or a loved one has suffered brain trauma in a serious accident in Florida, it will be well worth talking to an experienced Fort Myers personal injury attorney at Spivey Law Firm about your legal rights. The financial and non-financial costs associated with serious traumatic brain injuries can be substantial, and victims and their families will be entitled to substantial compensation in many cases.

Schedule a Free Consultation with a Fort Myers Personal Injury Attorney Today

Spivey Law Firm, Personal Injury Attorneys, P.A. has received an AV Preeminent Attorney Rating from Martindale-Hubbell, which stands for the highest level of professional excellence for legal knowledge, communication skills, and ethical standards. We are here to speak with you free of charge to determine if we can help you or your loved one.

If you need to know more about filing a personal injury claim after an accident that resulted in brain trauma in Florida, we encourage you to contact us promptly. Please call Spivey Law Firm, Personal Injury Attorneys, P.A. at 239-337-7483 or toll-free 888-477-4839 or contact us online at SpiveyLaw.com to schedule a free consultation today.