Brain injury is often an unavoidable outcome of a traumatic accident! We understand that the impact of an accident like this is felt not only by the accident victim but by their families as well. This is a time when you may be in need of committed emotional and legal support from a well-qualified Miami Brain Injury Lawyer that has sufficient experience with brain injury cases in Miami.
We at Berke Law Firm, P.A. believe that you should never suffer because of someone else's negligence. This is the reason why our Brain Injury Lawyer team is here to help fight for the compensation and justice you deserve. There are several important things to know about brain injury cases before seeking a legal remedy for your losses.
Common Causes of Traumatic Brain Injuries?
Slip and falls cases are some of the most common causes of Traumatic Brain Injury in Miami, FL. Nearly 50 percent of all traumatic brain injury (TBI) deaths in the U.S. are caused by some kind of slip and fall accident.
A brain injury lawyer at Berke Law Firm, P.A., can help you win compensation for the following types of accidents:
Car, Truck and Motorcycle Accidents: if you suffer brain injury as a result of any of these accidents, get in touch with us as soon as possible.
Medical Malpractice or Birth Injury: When a healthcare worker, hospital, or doctors fails to provide the accepted medical community standard of treatment and it results in life-altering brain injury to yourself or a newborn child.
On the Job Accidents: if a person suffers from brain injury while engaged in performance of their job, then they may be entitled to compensation for their injuries, lost income, and other damages.
Nursing home falls: brain injuries that result from nursing home or in-home health care negligence may also be subject to lawsuit.
Symptoms of TBI (Traumatic Brain Injury):
Physical Symptoms-
Emotional symptoms-
Personality changes in general
Changes in appetite
Cognitive symptoms-
Elements of a Brain Injury Lawsuit:
To receive compensation, a plaintiff must demonstrate that a defendant acted unreasonably under the circumstances which resulted in economic and other loss or expense. The individual needs to prove the following elements to win the case:
Duty of care: In general, this is a question of whether the person responsible acted reasonably under the circumstances. For doctors, the standard of care must be that which a reasonably competent and skilled health care professional, with a similar background and among a similar medical community, would be expected to provide under the circumstances.
Breach of duty: A breach of duty occurs when the standard of care falls below that which is expected.
Causation: a plaintiff must show the court that the injury was caused by the defendants breach of duty, and that there is a legally sufficient connection absent any intervening factors between the breach and the harm caused.
Damages: The injury needs to have caused either economic or non-economic loss or expense in order for there to be anything to be compensated for.
Prevention of Traumatic Brain Injury:
Some traumatic brain injuries can be prevented or made less severe by following these safety precautions:
Always wear a seat belt when you are in a car
Do not drive after consuming alcohol or any other drugs
Use booster seats and proper restraints for children
Wear a helmet while operating an open, unrestrained vehicle like a motorcycle
Always wear a helmet while skiing, snowboarding, skating and skateboarding
These small and simple tips are too often overlooked by people. In our experience, safety measures like these can spare you and your loved ones a lifetime of difficulty and hardship.
Excellently Skilled Brain Injury Attorney in Miami
Head injuries need immediate medical attention because even a little delay can turn fatal. If you have suffered a brain injury, it is always good to have an experienced traumatic brain injury lawyer by your side. Berke Law Firm has skilled, efficient, and experienced Brain Injury Attorney who can navigate the legal process on your behalf so that you can focus on treatment and recovery. In many cases of Brain Injuries, the patient not only has to suffer physical and emotional disability, but deal with mounting medical expenses, aggressive insurance agents, opposing attorneys, and other hardships. A qualified brain injury attorney can help restore your peace of mind.
Prompt Medical Attention is Vital
Nobody is able to predict the extent of a head injury by lay observation alone. If you have experienced a head injury as a result of an accident, seek professional medical assistance immediately. Head injuries do not always present symptoms immediately. Any delay in treatment could prove dangerous. Seek emergency medical assistance and then call a reliable brain injury attorney to preserve your rights.
We understand that an accident causing traumatic brain injury can be a life changing event. It can even lead to permanent disability for the victim, causing significant hardship for the victim's family and friends. If you have been in an accident caused by another's negligence, then you may be entitled to compensation. A qualified attorney will assess your case to determine what you are owed.
Miami Brain Injury Lawyer of Berke Law Firm, P.A. understands the loss and pain a brain injury victim suffers. We offer legal services to residents throughout Florida, like Cape Coral, Fort Myers, Miami, Tampa, Naples, Bonita Springs, Punta Gorda, Port Charlotte, Immokalee, Lee County, Collier County, and more. We do whatever it takes to recover the compensation you are owed.
We do not charge any fees until or unless you are compensated for your injuries. Contact our firm today to schedule a free case evaluation and legal consultation. Through the consultation process, we review your case and recommend the best legal options for your circumstances. Our dedicated Berke Law Firm traumatic brain injury attorneys have years of expertise and experience delivering successful results for our clients.
Contact us for a free consultation. We can help you received the compensation you deserve for your injuries.
Facts About Brain Injuries
Traumatic brain injury is a type of acquired brain injury (ABI), meaning that it's caused by an injury to the brain that is not hereditary, congenital, degenerative, or induced by birth trauma. In other words, it's a brain injury that occurs after birth. Traumatic brain injury is an alteration or decline in brain function caused by an external force to an individual's head.
Common Causes of Brain Injuries:
Motor vehicles accidents
Bicycle and other non-motorized vehicle accidents
Sports accidents
The Cost of Traumatic Brain Injuries:
Treatment expenses for traumatic brain injury vary case to case depending on the severity of the injury and prognosis, but expenses can often amount to several hundred thousand to even millions of dollars over the course of a lifetime following an accident. These injuries result in significant complications and long term disability, which can add further challenges to obtaining compensation! This is why having an attorney to represent you is so important.
Traumatic Brain Injuries Can Cause:
Skull fractures
Sensory changes
Intracranial infection
Paralysis (quadriplegia, paraplegia)
High or low blood pressure
Pressure in the skull
Abnormal blood coagulation
Nutritional changes
Cardiac changes
Edema (swelling)
Filing a Claim for Traumatic Brain Injury
Before seeking a legal solution, it is important to establish that the cause of the accident was the other party's negligence. For example: drunken drivers are the reason behind many accidents that cause TBI and other injuries. A lawyer will help you to demand compensation for expenses related to the accident such as medical expenses, property loss, and lost income.
The Process for Filing a Legal Action:
Once your complaint has been filed with the court, the other party will get a number of days to respond. After their response, both parties submit an initial disclosure statement. In this agreement, both parties have to present evidence and theories on what led to the accident. During the discovery process, both parties are obliged to:
Request materials or documents related to the cause of action
Submit and respond to interrogatories
Request papers, reports, expert statements and other evidence
Participate in depositions
Request and respond to factual admissions and stipulations
The purpose of discovery is to fully develop all the evidence in a case in accordance with the Rules of Civil Procedure so that each party has an opportunity to support its position.
The Determining Factors of a Traumatic Brain Injury Claim
One of the most important facets of a TBI case is determining the amount of damages or compensation that you are owed. Damages differ in every case, but some common expenses that might be incurred include:
Lifetime caregiver costs
Past and future medical expenses
Loss of consortium or family relations
How Can a Miami Brain Injury Lawyer at Berke Law Firm Help?
If you or someone you know are suffering from brain injuries due to someone else's negligence, then we can be of great assistance. At Berke Law Firm, we have been helping brain injury victims for years. We fight on your behalf for fair compensation to pay for medical bills, lost wages, pain and emotional suffering.
Filing a lawsuit complaint on your own while trying to receive treatment and recover from TBI can be daunting, especially for people who are unfamiliar with the legal process. Berke Law Firm, P.A. is a multi-disciplinary law firm located in Cape Coral, Florida that can help you obtain compensation for your losses. Our team of highly experienced brain injury attorneys has your back.
Contact our legal team at 239.549.6689 or by using our online submission form.