If you or someone you love sustained a serious concussion, a traumatic brain injury (TBI), or another head injury, you might be able to file a claim for compensatory damages against the person or party responsible for the accident and injury.
Before you agree to representation from a Florida traumatic brain injury lawyer, though, there are a few questions you need to ask to ensure that the attorney has the experience and knowledge needed to give you the right legal advice.
Here are some excellent questions for a traumatic brain injury lawyer during your initial consultation.
What Is Your Experience with Head Injury Cases?
If your loved one has a severe TBI, you need an attorney who has the experience to properly value your case and who understands the impact this type of injury has on someone’s ability to live independently.
Some head injuries can cause early-onset dementia or otherwise render the victim unable to care for themselves. A settlement should cover the cost of long-term care in a memory care home or an in-home caregiver.
What Is Your Fee Structure Like? Are There Upfront Costs?
Money may be tight after a loved one suffers a head injury, especially with the medical care needed for someone with a moderate or severe concussion. Many traumatic brain injury lawyers work on a contingency basis, meaning they collect their fees as a percentage of the final settlement, not upfront.
Will My Loved One Receive Compensation for Their Pain and Suffering?
A few factors determine whether a plaintiff with a brain injury receives compensation for pain and suffering. This type of compensation provides relief beyond easily identified economic damages like medical bills or time missed from work.
Pain and suffering compensation is intended to make up for the injury’s short- and long-term pain and the mental anguish that comes with a TBI.
For example, some victims develop situational anxiety or depression after a head injury or exhibit personality changes. The money received for these harms can help you and your family find the right treatment for psychological healing from a head injury.
Will I Have to Go to Trial for My Case?
Head injury cases can often be settled without a trial — but be wary of an attorney who promises you will never have to testify in court. There is no guarantee of what the defendant will do; if the case facts are complex, the defendant could easily decide to take their chances with a trial.
How Long Do I Have to File My Head Injury Claim? Can I Think About It First?
Filing a lawsuit is a weighty decision, but sometimes, it’s the only way to get fair compensation for the injury your loved one suffered.
It’s natural to want to think it over, but don’t wait too long to file. Florida has a limit on filing personal injury claims like head injury lawsuits. This limit is called a statute of limitations, and it expires four years from the date of the head injury accident.
What Kind of Settlement Will I Receive from My Head Injury Suit? How Much Will It Be?
There is no guarantee that you will receive anything from the lawsuit. The defendant could refuse to settle with your traumatic brain injury lawyer and take the case to trial. Anything could happen in a trial, and the court might not find it in your favor. So be wary of any lawyer who promises you a victory at trial or sure settlement.
With that being said, TBI cases usually settle out of court, and you may be entitled to economic and non-economic compensation. Generally, the worse a victim’s injury is and the more significant the impact on their life, the higher the settlement will be.
Will My Settlement Cover Long-Term Care?
Some people with severe concussions or TBI may have permanent brain damage. Family members are often thrust into the role of caregiver. Your loved one’s doctor may recommend permanent residence in a nursing home or memory care community for serious injuries.
If this happens, your traumatic brain injury lawyer will ask for a settlement that covers your loved one’s long-term care costs and any associated treatment they need.
Do You Need Help from an Experienced Florida Traumatic Brain Injury Lawyer?
If you or a loved one suffered a head injury in an accident or because of toxic exposure and hypoxia, we can help. Schrier Law Group represents people like you who have been harmed in an accident and suffered a serious brain injury. Contact us today for a complimentary case review.