FLORIDA BRAIN INJURY LAWYERS
Lake Mary Brain Injury Attorney
If you or a loved one has suffered a brain injury due to someone else’s negligence, it is crucial to understand your rights and options for pursuing compensation. Brain injuries can profoundly affect not just the victim but also their families, impacting every aspect of life, including employment, relationships, and mental health. At Chubb Law, we are committed to helping victims of brain injuries in Lake Mary, Seminole County, and throughout Florida seek justice and secure the compensation they deserve.
Brain injuries can arise from various incidents, including car accidents, falls, workplace accidents, and medical malpractice. These injuries can range from mild concussions to severe traumatic brain injuries that may require long-term care. Navigating the complexities of the legal system can be overwhelming, but with the right legal representation, victims can hold responsible parties accountable.
Brain Injury Statistics
The statistics surrounding brain injuries can help illustrate the severity of this issue. According to the Centers for Disease Control and Prevention (CDC), approximately 1.7 million people sustain a TBI annually in the U.S. Over 250,000 individuals are hospitalized due to TBIs each year, with many requiring long-term rehabilitation. About 190 people in the U.S. die from TBI-related injuries every day.
The numbers in Florida are equally concerning. In 2023, more than 44,000 people in the Sunshine State went to the emergency room with non-fatal TBIs. Nearly 750 of these hospital visits were in Seminole County. More than 5,650 individuals in Florida died from TBIs in 2022. Leading causes of TBIs include falls, firearm-related suicide, motor vehicle accidents, and assaults.
What You Need to Know About Brain Injuries
Brain injuries are categorized into two main types—traumatic and acquired. Traumatic brain injuries (TBIs) result from external forces, such as a blow or jolt to the head. Common causes of TBIs include vehicle collisions, sports injuries, and falls. Acquired brain injuries, on the other hand, occur due to internal factors, such as strokes, tumors, infections, or lack of oxygen.
Symptoms of brain injuries can vary widely depending on the severity and location of the injury. Common symptoms include:
- Headaches
- Dizziness or balance issues
- Memory problems
- Difficulty concentrating
- Mood changes
- Nausea and vomiting
Seeking immediate medical attention if you suspect a brain injury is crucial, as timely intervention can significantly impact recovery outcomes. Even seemingly mild injuries can have lasting effects if not properly treated.
Understanding Brain Injuries in Seminole County
In Seminole County, as in other parts of Florida, brain injuries are a serious public health issue. With the increasing number of outdoor activities and sports participation, the risk of brain injuries is particularly relevant. It is essential to recognize how local factors, including traffic patterns and community resources, contribute to the prevalence of brain injuries.
Florida’s warm climate encourages outdoor sports and recreational activities, increasing the risk of head injuries from falls, collisions, and other accidents. Additionally, Seminole County’s growing population may lead to more vehicles on the road, heightening the chances of car accidents that result in brain injuries.
Local healthcare facilities play a vital role in diagnosing and treating brain injuries. Understanding the resources available in your community can be instrumental in recovery and legal processes.
Key Legal Concepts in Brain Injury Lawsuits
Understanding key legal concepts is vital when pursuing a brain injury lawsuit. The following are some essential terms and concepts related to brain injury cases:
- Negligence: This is the foundation of most personal injury claims. To establish negligence, you must show that the defendant owed a duty of care, breached that duty, and caused your injury.
- Liability: This refers to a party’s legal responsibility for causing harm. Depending on the circumstances of the brain injury accident, individuals, businesses, or government entities may be liable.
- Damages: This is the economic and non-economic financial compensation you seek.
- Statute of limitations: This is the time frame in which you must file your lawsuit.
These legal concepts can be complex and overwhelming, especially if you are suffering from a TBI. Our Lake Mary brain injury lawyers, Mitch Chubb, and Christopher Pettus, know the laws and concepts governing brain injury lawsuits. We can help you seek the justice and compensation you deserve.
Legal Rights of Brain Injury Victims
Victims of brain injuries in Florida have specific legal rights, including:
- Right to medical treatment: You can seek immediate and ongoing medical care for your injuries.
- Right to compensation: If someone else’s negligence caused your injury, you can pursue compensation for your medical expenses, lost income, and pain and suffering.
- Right to legal representation: You can seek legal counsel from an experienced Florida personal injury attorney to navigate the complexities of personal injury law and advocate for your rights.
Understanding these rights is the first step in pursuing a successful claim for compensation.
Damages You Can Recover in Brain Injury Accidents
When filing a brain injury lawsuit, you can seek various types of damages, including:
- Medical expenses: This includes all medical costs related to the injury, such as hospital stays, surgeries, rehabilitation, and ongoing therapy.
- Lost wages: If the injury prevents you from working, you can recover compensation for lost income during your recovery period.
- Pain and suffering: You can recover compensation for the physical and emotional pain you have from the injury, including mental anguish and loss of enjoyment of life.
- Loss of consortium: This refers to compensation for the injury’s negative impact on your relationship with your spouse or partner.
- Future damages: You may recover compensation for future medical care and lost earning potential if your injury leads to long-term effects.
Understanding the types of damages you can recover is crucial for accurately assessing the value of your claim. Our Lake Mary brain injury lawyers can investigate your TBI accident, calculate your damages, and fight to recover maximum compensation on your behalf.
Insurance Coverage for Brain Injury Accidents
Insurance is significant in recovering damages in brain injury cases. In Florida, drivers must carry personal injury protection (PIP) insurance, which covers medical expenses and lost wages regardless of who is at fault in a motor vehicle accident. However, PIP benefits may be limited, and you may need to pursue additional compensation through a personal injury lawsuit if your injuries are severe.
In cases involving premises liability or workplace accidents, liability insurance policies may cover the responsible party. Understanding the available insurance coverage can help maximize your compensation and ensure that you receive the necessary financial support for your recovery.
Common Types of Brain Injury Cases We Handle in Seminole County
At Chubb Law, we handle various brain injury cases, including:
- Car accidents: Collisions can result in brain injuries due to the force of impact.
- Slip and fall accidents: Falls, especially among the elderly, can lead to serious brain injuries.
- Sports injuries: Concussions and other TBIs can occur in sports-related activities.
- Workplace accidents: Certain occupations, such as construction jobs, carry a higher risk of head injuries, which can lead to potential liability claims.
- Medical malpractice: Negligent medical care can lead to acquired brain injuries.
If one of these types of accidents caused your brain injury, you may have a valid compensation claim. Contact us today to determine if a personal injury lawsuit is right for you.
Common Causes of Brain Injury Accidents
Brain injuries can occur in various ways, and the causes can range from minor accidents to serious medical conditions. Some of the most common causes of brain injuries include:
Traumatic Brain Injuries (TBIs)
- Motor vehicle accidents: The leading cause of TBIs in the U.S., car accidents can result in a wide range of brain injuries, from mild concussions to severe brain damage.
- Falls: Falls, especially among the elderly, are a common cause of TBIs.
- Sports injuries: Contact sports like football, hockey, and boxing can increase the risk of TBIs.
- Assaults: Violence and assaults can result in severe head injuries.
- Workplace accidents: Accidents on construction sites, manufacturing plants, and other workplaces can lead to TBIs.
- Military service: Soldiers exposed to explosions or other traumatic events are at risk of developing TBIs.
Acquired Brain Injuries
- Strokes: Strokes occur when blood flow to the brain is interrupted. They can cause significant brain damage.
- Tumors: Brain tumors can put pressure on the brain and lead to neurological symptoms.
- Infections: Infections such as meningitis and encephalitis can cause brain inflammation and damage.
- Diseases: Neurodegenerative diseases like Alzheimer’s disease and Parkinson’s disease can gradually damage brain cells.
Other Factors
- Age: The very young and the elderly are at a higher risk of brain injuries.
- Medical conditions: Certain medical conditions, such as blood clotting disorders or seizures, can increase the risk of brain injuries.
If you have suffered a brain injury, it is crucial to seek medical attention immediately. Early diagnosis and treatment can help to minimize the long-term effects of brain injuries. Identifying the cause of a brain injury is essential for determining liability in a personal injury claim.
What to Do After a Brain Injury Accident
If you or someone you know has sustained a brain injury, follow these steps:
- Seek medical attention: Always prioritize health and safety by seeking immediate medical care.
- Document the incident: Gather evidence related to the accident, including photographs, witness statements, and police reports.
- Notify your insurance company: Report the accident to your insurance provider as soon as possible.
- Consult a Lake Mary brain injury attorney: Contact our experienced lawyers, who can guide you through the legal process and protect your rights.
- Follow medical advice: Adhere to your healthcare provider’s recommendations for treatment and recovery.
Taking these steps can significantly impact your recovery and legal outcomes.
The Cost of Brain Injury Accidents
Brain injuries can be financially burdensome due to medical expenses, rehabilitation costs, and lost wages. According to one study, the lifetime cost of care for a person with a traumatic brain injury can range from $85,000 to over $3 million, depending on the severity of the injury and required care. These costs include medical care, lost productivity, and rehabilitation.
Brain Injury Accident Claim Process in Florida
At Chubb Law, the process of filing a brain injury claim in Florida involves several key steps:
- A free initial case review: Meet with our qualified personal injury team at no cost to discuss your case and evaluate potential legal options.
- Investigation: We will investigate the accident and gather evidence and documentation to support your claim.
- Negotiation: We will negotiate with the insurance company on your behalf to reach a fair settlement. If you already have an offer from them, we guarantee we will increase it, or you will pay us no fee.
- Filing a lawsuit: If we cannot settle, we may file a lawsuit to seek compensation through the court system.
- Trial: If necessary, your case may go to trial, where a judge or jury will determine the outcome.
Knowing this process in advance can help you prepare for the journey ahead. When you retain Chubb Law, we will advocate for you every step of the way.
Establishing Negligence in a Florida Brain Injury Case
To establish negligence in a brain injury case, you must prove that:
- The other party had a duty to act reasonably
- The other party breached their duty by acting negligently
- The other party caused the accident
- Your injuries resulted from the accident
Establishing these elements requires careful evidence gathering and legal guidance from our brain injury lawyers in Lake Mary.
Comparative Fault in a Brain Injury Claim
Florida follows a comparative fault system, meaning that if you are 50% or less responsible for the accident, you can recover compensation that may be reduced by your percentage of fault. For example, if you are found 20% at fault for your injuries, your potential recovery may be reduced by that amount. Our legal team will help you understand how comparative fault applies to your case, which is crucial for accurately assessing potential compensation.
Liability in Brain Injury Accidents
Liability in brain injury accidents can be complex, as multiple parties may share responsibility. Potentially liable parties include:
- Drivers: In motor vehicle accidents, the at-fault driver may be liable for your injuries.
- Property owners: In slip-and-fall or trip-and-fall cases, property owners may be responsible for maintaining safe premises.
- Employers: In workplace accidents, employers may be liable for unsafe working conditions or negligence.
- Manufacturers: In product liability cases, manufacturers may be liable for defective products that cause injury.
Determining liability is critical for establishing a successful claim and securing the compensation you deserve.
Why You Should Choose Chubb Law for Your Brain Injury Case
Choosing the right legal representation is essential for a successful outcome in your brain injury case. At Chubb Law, we have a 99.9% success rate, helping clients in Lake Mary and throughout Florida obtain compensation for their injury accidents. We have recovered millions thanks to our commitment to personalized service, thorough preparation, and aggressive advocacy.
We Answer Your Frequently Asked Questions About Brain Injuries
What are common symptoms of a brain injury?
Some symptoms can include headaches, dizziness, confusion, memory problems, and mood changes. If you suspect a brain injury, seek medical attention immediately.
How long will it take to resolve my brain injury case?
The timeline can vary significantly based on the injury’s complexity, insurance companies’ cooperation, and whether the case goes to trial. Some cases settle within a few months, while others take over a year, especially if the case involves severe injuries or disputed liability.
Can I file a brain injury lawsuit on behalf of an incapacitated loved one?
Yes, if they are incapacitated due to a brain injury, you may be able to file a lawsuit on their behalf as a legal guardian or through a power of attorney. It is crucial to seek legal advice on how to proceed with filing the claim and ensuring that your loved one’s rights are protected.
Building a Strong Case for a Brain Injury Accident
The following elements are essential to build a strong case for a brain injury accident:
- Evidence collection: Gather medical records, accident reports, and witness statements to establish the facts of the case.
- Expert testimony: Engage medical experts who can testify about the extent of the injuries and their impact on your life.
- Clear documentation of damages: Document all expenses related to the injury, including medical bills, lost wages, and pain and suffering.
- Legal representation: Our experienced attorneys can help navigate the legal process and advocate for your rights.
Investing time and resources into building a solid case and engaging the help of Chubb Law’s Lake Mary brain injury attorneys can significantly enhance your chances of obtaining a favorable outcome.
Florida Personal Injury Statute of Limitations
The statute of limitations for personal injury cases in Florida is two years. This means that you must file your lawsuit within two years of the accident date. If you miss the deadline, you may not be able to file your lawsuit. Be proactive and consult with our lawyers as soon as possible after an injury to ensure that your claim is filed within the appropriate timeline.
Contact Chubb Law Today
If you or a loved one has suffered a brain injury due to someone else’s negligence, seek help today. At Chubb Law, we understand the complexities of brain injury cases and are here to support you every step of the way. Contact us today for a free case evaluation, and let us help you pursue the compensation you deserve. Your recovery is our priority.
BRAIN INJURY FAQ
How is Chubb Law different?
We could list all the awards we’ve received or tell you how much better our results are than other law firms– but that’s not what makes us different. We are different because we truly care about our clients. Because we care, you won’t feel like you’re one of 10,000. You will feel heard and prioritized. You will feel confident in your legal team. You will feel like you’re in the right place.
How much does it cost to start a case? I heard it’s free? How do you make money?
It doesn’t cost anything to start your case and you will never pay us anything out of your own pocket. We work on a contingency fee basis, which means you pay us only if we win your case. Our fee comes in the form of a percentage of the settlement or verdict amount we obtain.
Do I really need an attorney or should I just work things out with the insurance?
We tell people all of the time, “if insurance companies would just treat people right there would be no need for what we do.” Unfortunately, most of the time insurance companies don’t treat people right. The only way to ensure you are protecting your rights is to consult with an attorney.
Should I take an insurance offer?
No. Not without consulting an attorney. We make all clients an “Increased Offer Guarantee.” If there is an offer on the table from the insurance company at the time of hiring us, we guarantee we will increase it, or we will waive our fee.
I already have an attorney, can I change attorneys?
Yes. In the state of Florida, you can change attorneys mid-case. In fact, you can fire your current lawyer for practically any reason. The Florida Supreme Court has set out “10 Basic Rights” that every client is entitled to from their lawyer. Read more about those here.
Mitch’s 8 Promises
1
Full-story, free consultation.
Our initial conversation does not have a time limit. We want to connect and hear your full story.
2
110%
We are selective in the cases we take so we can give 110% to those we do.
3
$0 out-of-pocket fees.
You will never pay us anything out of your own pocket. There are never upfront costs on your case. We only get paid if we win your case.
4
Unlimited.
Our clients are guaranteed unlimited communication with their legal team.
5
Proactive communication.
We consistently communicate with you to keep you updated on your case.
6
You call the shots.
You call the shots, we lead the way. We never make decisions against your desires.
7
Increased offer guarantee.
If there is an offer on the table from the insurance company at the time of hiring us, we guarantee we will increase it, or we will waive our fee.
8
The “why should I hire an attorney guarantee.”
When you hire us, not only will we handle everything, but the result we get will leave you with more in your pocket— even after attorney’s fees.
Contact Us Today for a Free Case Evaluation
Do not wait to seek legal help if you or a loved one has been injured in an accident. Contact our Seminole County personal injury law firm today to schedule a free, no-obligation case evaluation. During your consultation, we will review the details of your case, explain your rights and legal options, and provide you with honest and straightforward advice about how to proceed.
Remember, you do not have to face this difficult time alone. Let Mitch and Christopher fight for you so you can focus on your recovery and move forward with your life.