Suffering a traumatic brain injury at the negligent or malicious hands of another person can be traumatizing, and your recovery may be very long and expensive. Some people never fully recover. At Winters & Yonker, each Tampa brain injury lawyer is experienced in personal injury lawsuit cases and has a proven track record of positive results helping victims of brain injuries file claims against negligent parties including:
- Property Owners
Any personal injury lawyer in our Tampa office will aggressively fight and win brain injury cases throughout the state of Florida. We are so confident in our ability to collect we don’t impose a fee unless we do. The initial consultation is free, our advice is free, and we are here 24 hours per day, seven days per week, 365 days per year to assist you with your brain injury claim. Whether it was you or a loved one who fell victim to brain injury, we want to speak with you for free about your case today. Fill out our contact form or call us at (813) 223-6200 today.
We understand that brain injuries have not just an impact on your financial stability, but also your quality of life. If it is determined that you have an actionable case of brain injury due to another’s negligence or malice, we can help you recover damages for economic losses, as well as any other intangibles. This includes an overall loss of your enjoyment of life.
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How to Prove Fault in a Brain Injury Claim
To file a brain injury lawsuit, the victim needs to have suffered trauma as a result of another party’s action (or, in some cases, failure to act or warn). In any claim for personal injury due to negligence, the representing attorney in Tampa, Florida needs to be able to prove the following:
Duty of Care
The law requires individuals to exercise reasonable levels of care in an effort to prevent harm to others. A doctor, for the sake of example, has a duty to perform the functions of his job up to standards of care that have been pre-established by the medical community.
Breach of Professional Duty
Any individual or entity can be considered negligent if the duty of care is breached. As another example, if a doctor were to perform surgery in a manner considered unorthodox or unsafe by medical community standards, he or she may have demonstrated a breach in professional duty.
Negligence on the part of the defendant must be provable. In other words, there must be an event or series of events that point to negligence on his or her part.
For a victim to be able to file a personal injury claim, the injury needs to be shown to have caused either economic or noneconomic damages. Loss of wages and loss of cognitive brain function are both considerations when assessing damages. There are a host of other factors taken into account when assessing damages as well.
Common Traumatic Brain Injury Causes
If you or a loved one has fallen victim to any of the following, you need an experienced brain injury lawyer near Tampa to assess the details and fight for your rights. Call Winters and Yonker today at (813) 223-6200 if you or someone close to you has suffered any of the following:
Bicycle Accident Head Injury
Nearly 75 percent of bicycle accidents that lead to fatalities are the results of head injuries. Nearly two-thirds of all bicycle injuries that are treated in emergency rooms also involve head injuries. While the use of a helmet does reduce the risk of injury, serious head trauma is still possible. Being struck by any kind of motor vehicle – a car, truck, motorcycle, etc. – while riding a bicycle can, and often does, result in head trauma or brain injury.
Vehicular negligence is the leading cause of brain injury in pedestrian accidents, but they can also be the result of slip-and-fall accidents, falling debris, or other similar projectiles that fall or are thrown from buildings and other like structures. Still, more than half of these cases involve motor vehicles striking pedestrians and operator negligence is the cause to an overwhelming degree.
Premises Liability / Slip-and-Fall
Slip-and-fall accidents can occur for numerous reasons. Wet floors, loose carpeting, uneven flooring or pavement, missing or misplaced hazard signs, foreign objects in common passageways, loose banisters and poorly designed stairwells, and a host of other avoidable conditions all fall under cover of premises liability. All property owners are liable for preventable injuries sustained by individuals on their premises.
Medical Malpractice/Injury at Birth
Any time a doctor, health practitioner, hospital, or hospital staff fails to exercise Duty of Care, a compelling case of Medical malpractice exists. Brain injury at birth is a tragic but unfortunately common thing and quite often is the result of malpractice on the part of a physician, nurse, or other medical practitioners.
If the injury occurs at your (or a loved one’s) place of employment, don’t think that you are bound by whatever worker’s comp wants to pay. You may be entitled to additional damages if it can be proven that the injury was the result of negligence on the part of the employer or co-worker. Factors like lack of safety training and workplace safety guidelines contribute greatly to the determination of negligence.
Damages Covered by a Brain Injury Claim
Your experienced brain injury attorney team at Winters & Yonker is here to help you collect significant financial damages in your brain injury case. The money to which you are entitled is calculated based on numerous factors, including:
Victims can often claim compensation in brain injury cases for any and all medical bills related to their injuries. This includes compensation for any expense related to hospitalization, doctor visits, occupational therapy, physical therapy, and rehabilitation.
Pain and Suffering
Brain injury victims may be eligible to collect damages for lasting physical or emotional pain. This includes brain damage, amnesia, and many other life-changing effects of brain injury.
Loss of Enjoyment of Life
There are many things that you or your loved one will simply not be able to do anymore following a brain injury. You may be entitled to compensation for the inability to enjoy activities that were once part of your everyday life.
Brain injury victims may be able to collect compensation for lost wages and for future wages that cannot be earned due to limitations imposed by the injury.
Family members can pursue damages for everything from funeral costs to loss of future wages as well as a host of unique losses faced by survivors in wrongful death cases. These can include emotional distress, pain and suffering, and more.
Contact an Injury Attorney at Winters and Yonker
If you or someone you love has suffered from brain injury, contact an experienced Tampa brain injury lawyer at Winters and Yonker to review your legal options. The law limits the time you have to take action, don’t delay. Get in touch online through our contact form or call us today at (813) 223-6200 to discuss your case for free.
Can’t come to us? Call us and we will send one of our best traumatic brain injury lawyers to meet you at home, your hospital room, or anyplace that helps make the process easier for you.