Orlando Brain Injury Attorney
Advocating for Injured Clients in Orlando
A traumatic brain injury (TBI) is a serious injury that can have a profound impact on the lives of those who have suffered one. The effects of TBI can change dramatically from person to person and can include cognitive, physical, and emotional changes that can affect how a person lives their life.
If you have suffered a TBI, you may be entitled to compensation. At Legally Pink Law, we are committed to helping you recover the financial compensation you need to get your life back on track. Our Orlando brain injury lawyer understands the challenges you are facing and can help you fight for the maximum compensation you deserve.
Call (888) 979-4941 or contact us online today to schedule a consultation.
What Is a Traumatic Brain Injury?
A traumatic brain injury is a serious injury that occurs when a sudden impact to the head causes damage to the brain. A person can suffer a TBI in a variety of ways, including:
- Car Accident
- Slip and Fall Accident
- Violent Assault
- Gunshot Wound
- Blast Injury
The Centers for Disease Control and Prevention (CDC) defines a TBI as "a disruption in the normal function of the brain caused by an outside force."
TBI's are classified as mild, moderate, or severe, depending on the extent of the damage and the person's symptoms.
- Mild TBI: Symptoms include headache, confusion, memory loss, and trouble concentrating.
- Moderate TBI: Symptoms include headache, confusion, memory loss, and trouble concentrating.
- Severe TBI: Symptoms include unconsciousness, amnesia, and a period of being disoriented or confused.
Symptoms of Traumatic Brain Injury
A person who has suffered a TBI may experience a variety of symptoms immediately after the injury. The symptoms may also change over time. Common symptoms of a TBI include:
- Headache
- Dizziness
- Nausea
- Vomiting
- Blurred or double vision
- Ringing in the ears
- Pressure in the eyes
- Confusion
- Difficulty remembering
- Difficulty concentrating
- Difficulty communicating
- Memory loss
- Fatigue
- Irritability
- Emotional changes
- Behavioral changes
- Difficulty sleeping
- Difficulty staying asleep
- Dizziness
- Seizures
- Difficulty walking
- Difficulty remembering new information
- Difficulty multitasking
- Difficulty performing familiar tasks
- Difficulty following directions
These symptoms may vary from person to person. Only a trained medical professional can properly diagnose if you have suffered a TBI.
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.
