ORLANDO BRAIN INJURY ATTORNEYS
Get the Compensation You Deserve With Legally Pink Law
If you or a loved one has suffered a traumatic brain injury due to an accident or negligence, we can help seek the highest payout possible for your injuries. Legally Pink Law has more than a decade of experience dealing with insurance companies and defense attorneys regarding TBI claims, and we are confident in our ability to help you too.
We are available 24/7 to take your call. Dial (888) 979-4941 to schedule a free consultation or contact us online.
Experienced Orlando TBI Legal Support at Legally Pink Law
Statutes of limitation apply to personal injury cases, so please don’t delay in contacting our office. We are here to help.
As a top female personal injury attorney in Central Florida, Carolyn Salzmann’s compassionate and tenacious approach, as well as her engineering mindset, sets her apart from other personal injury attorneys. Her combination of analytical problem-solving skills and keen legal acumen enables her to see the technical details of a traumatic brain, which makes all the difference when awarding the judgement in court.
Understanding Traumatic Brain Injury and Its Impact
Traumatic brain injury (TBI) is a profoundly serious, debilitating and sometimes deadly injury caused by either a sudden, violent blow to the head or a penetrating head injury that disrupts the normal function of the brain. This is often a result from trips, falls, automobile, motorcycle, or trucking accidents.
Types of traumatic brain injuries include concussions, cerebral contusions, penetration (gunshot or stabbing wounds), and blood clots. The milder TBIs (concussions) can be difficult to identify, so it is important to seek medical attention as soon as possible to avoid further complications if left untreated. Untreated head injuries have resulted in Alzheimer’s disease, amyotrophic lateral sclerosis (ALS), and severe depression.
Today, an estimated 5.3 million people in the U.S. are living with disabilities caused by TBI.
Recognizing Symptoms of Brain Trauma
A traumatic brain injury can have a serious effect on an individual’s physical, cognitive and emotional abilities. Symptoms can range from the most severe – memory loss, extended period of unconsciousness, coma or even death, to a much milder form – commonly referred to as a concussion. Below is a list of symptoms a person could experience due to brain trauma.
- Physical: dizziness, vomiting, headache, speech difficulties, blurred and/or lost vision, loss of consciousness
- Cognitive: disorientation, memory loss, poor concentration, amnesia
- Emotional: agitation, depression, appetite changes, irritability, personality changes
Ready to Discuss Your TBI Claim? Call Legally Pink Law Now
Have Questions? GET ANSWERS
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What types of damages can I claim?
In all cases, there are two general categories of damages – economic damages and non-economic damages. You can be compensated for both past and future economic and non-economic damages.
Economic damages are things such as wage loss, mileage expense to go to doctor appointments, prescription costs, co-pays on insurance, over-the-counter medications, diminution in value to your car, etc. The other category is non-economic damages, which may include things such as pain and suffering, loss of enjoyment of life, emotional distress, etc.
The non-economic damages are often greater than the economic damages if the injuries are significant enough. Consult with an attorney for a full explanation of these types of damages.
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Are there deadlines for filing claims?
Yes. Under Florida law, there are very specific, detailed deadlines to file claims. If you do not meet these deadlines, you may be forever barred from bringing your claim forward.
These time restrictions are known as statutes of limitations, and they vary depending on the type of claim you are bringing. It is critical that you consult with an attorney as soon as possible after your incident so you can receive good legal advice on the time limits for filing a personal injury claim.
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How can I recover lost wages?
Wage loss is paid out under your Personal Injury Protection benefit, which happens to be mandatory coverage for auto insurance in the State of Florida. There are exceptions, such as when you elected to have your wage loss reimbursement excluded on your Personal Injury Protection (PIP) benefit when you obtained your policy.
Normally, people who have their wage loss benefits excluded are those who are not employed for some reason or another. You can also elect to have a standard PIP (which covers wage loss at 60%) or extended PIP (which covers wage loss at 80%).
You will need to provide proof of income in the form of a paycheck stub, income tax return, or some other verifiable means. The remaining percentage of your wage loss not covered by your PIP insurance will become part of your claim against the defendant driver.
When cases do not involve PIP coverage, the wage loss becomes part of the demand to the at-fault party. In most cases, proof of lost income is rather simple if the injured person receives a paycheck. For our clients who are self-employed, we work very closely with them to help them assemble the necessary documentation to prove the wage loss claim. Tax returns can be helpful in instances where clients are self-employed.
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How can I recover my out-of-pocket expenses?
Out-of-pocket expenses are always made part of your claim and are part of your economic damages that we seek to recover from the at-fault party. When your claim is presented to the at-fault party, we include your out-of-pocket expenses as part of the demand package.
If your case does not settle in what we call the "pre-suit phase," then your case will proceed to court where we will ask a jury for your out-of-pocket expenses as part of your economic damages on the verdict form.
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Will my insurance premiums increase if I report an accident to my insurance company?
Your insurance premiums should not go up if you are not at fault for the accident. It will be part of your insurance record, but if you are not at fault, your premiums should not increase.
In most situations, your own insurance company will go after the insurance company that insures the at-fault party to recover the costs it may have paid to you for things such as car repairs or additional medical expenses.
