A traumatic brain injury (TBI) is a head injury that affects the way your brain functions. A TBI can occur in a car accident, a fall from a height, or any other incident that involves a blow or jolt to the head.
When you or a loved one experiences a traumatic brain injury, you may have difficulty returning to your daily life. You could require lifelong medical assistance, including medical treatment, assistive devices, medication, and therapy.
If your severe head injury is a result of someone else’s negligence, you could seek compensation through an insurance claim or personal injury lawsuit. A Sebring traumatic brain injury lawyer at Dismuke Law can help you navigate the process.
Stalwart Representation From Traumatic Brain Injury Lawyers in Sebring, FL
For more than 18 years, Dave Dismuke, lead counsel and founder of Dismuke Law, has built a reputation for outstanding legal advocacy. An award-winning trial lawyer in his own right, Dave has curated a skilled team of injury attorneys who passionately advocate for the rights of personal injury victims in Sebring and throughout Central Florida.
Our case results reflect our commitment to justice for injured clients like you. We have collected millions of dollars in settlements and verdicts on behalf of our injury clients.
When you work with Dismuke Law, you gain decades of collective experience in Florida personal injury law. Our team knows a traumatic brain injury can affect your personal and professional life for years to come.
We provide tailored representation that aims to recover maximum financial compensation for your TBI claim, so you can focus on adapting to your new circumstances.
Claiming Damages for Traumatic Brain Injuries in Sebring, FL
A traumatic brain injury can cost you your livelihood and compromise your quality of life. Severe brain injuries can limit your physical and cognitive abilities, which can in turn prevent you from returning to work. With a TBI, you may be unable to participate in activities and hobbies you once enjoyed.
To hold responsible parties accountable for catastrophic injuries such as traumatic brain injury, Florida Statutes § 768 allows injury victims to seek damages from the negligent party.
We understand that financial compensation cannot make up for all your losses from a traumatic brain injury. However, it can help ease the financial burden. Our team can help you seek compensation for past and future medical expenses, lost income, and pain and suffering.
Proving Negligence in a Sebring Traumatic Brain Injury Claim
One of the first things we do in a TBI claim is establish fault. If your brain injury happened in a car accident, for example, we examine the evidence and determine who caused the accident. If you fell in a retail establishment, we may investigate the accident scene and determine whether the property owner was negligent.
To prove negligence in a traumatic brain injury claim, we must show that:
- The responsible party had a duty of care.
- They failed in their duty of care.
- Their failure caused your traumatic brain injury.
- You suffered losses as a result of the TBI.
The process for establishing negligence and duty of care depends on the circumstances surrounding your accident. For example, in a car accident claim, we may establish that the other driver was speeding. Drivers must ensure the safety of others by adhering to the speed limit. Failure to drive the speed limit is a failure in their duty of care.
To prove negligence for a car accident TBI claim, we might gather evidence such as traffic camera footage, witness statements, photos of the accident scene, and police crash reports. We could use this evidence to show that the driver’s negligent speeding directly caused your traumatic brain injury.
Filing a Traumatic Brain Injury Insurance Claim or Lawsuit
After a traumatic brain injury due to someone else’s actions, you may have the option to file an insurance claim or personal injury lawsuit. Our team can help you determine which legal route is best for your situation. While an insurance claim may be appropriate for a car accident or premises liability case, a lawsuit could still be in your best interests.
Florida Statutes § 95.11 gives you two years from the date of the injury to file a personal injury lawsuit for negligence. However, the deadline varies depending on the facts of your TBI claim. If you miss the filing deadline, you could lose your chance to pursue compensation, so it is best to contact our traumatic brain injury lawyers in Sebring, FL as soon as possible.
Understanding the Catastrophic Effects of a Traumatic Brain Injury
Traumatic brain injuries can be mild, moderate, or severe. Despite the terminology, even mild brain injuries and concussions can cause debilitating and disruptive symptoms. Moderate to severe TBI is often considered a catastrophic injury under Florida Statutes § 960.03.
A victim of catastrophic traumatic brain injury may experience the following long-term effects:
- Impairment of touch, vision, and hearing
- Communication issues
- Difficulty concentrating or remembering
- Disturbed learning skills
- Inability to think clearly
- Neurological disruption
- Mood disorders, sadness, or anxiety
- Personality changes and uncontrollable behavior
These are just a few of the lifelong effects a TBI survivor could experience. In severe cases, the patient may pass away due to TBI-related issues such as seizures, drug poisoning, infections, and pneumonia.
Contact a Traumatic Brain Injury Attorney in Sebring, FL for a Free Case Review
If you or someone you love suffered a traumatic brain injury because of someone else’s negligent or reckless actions, you could seek compensation. The skilled traumatic brain injury attorneys at Dismuke Law have the knowledge and experience necessary to seek maximum compensation for your losses.
Whether your injury occurred in a motor vehicle accident, a fall, or another situation, our team can help you hold the responsible parties accountable. Contact our Sebring personal injury attorneys today to discuss your legal options and ask Dave how we can seek maximum compensation for your traumatic brain injury case.
We offer a free initial consultation with no obligation to you. If we decide to take your case, our team will represent you at no upfront cost to you. Once we win your TBI case, we will simply retain a portion of the settlement or jury award.