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Naples Personal Injury Attorney > Blog > Personal Injury Lawyer > Some Crucial Things To Know About Brain Injury Claims

Some Crucial Things To Know About Brain Injury Claims


Brain injuries are a leading cause of death and permanent disability in the United States of America. According to the CDC, approximately 1.5 million people in the U.S. sustain a brain injury, and more than 60,000 people die because of a brain injury every year. In Florida alone, hundreds of thousands of people are living with brain injuries. It is estimated that the number of people who were living with a brain injury in Florida by 2020 was 260,000. Unfortunately, when a person suffers a brain injury, it results in immense expenses and complications in many aspects of their life. However, the good news is that after suffering a brain injury in an accident in Florida, you might have the legal right to recover compensation in a brain injury claim. This article discusses some crucial things you need to know about brain injury claims.

When Do You Have Grounds to File a Brain Injury Claim?

As already mentioned, you may have the right to recover compensation in a brain injury claim after sustaining a brain injury in a Florida accident. So, when do you have grounds to file a brain injury claim and recover compensation? You have the right to file a brain injury claim and recover compensation if another party’s negligence is to blame for the accident that led to you suffering your brain injury. For instance, if you suffered your brain injury because of another party’s negligence in any of the following accidents, you have the right to file a brain injury claim and recover compensation;

  • Motor vehicle accident
  • Slip and fall accident
  • Motorcycle accident
  • Pedestrian accident
  • Bicycle accident

For example, if you suffered your brain injury in a motor vehicle accident because the other driver was speeding, the other driver will likely be held liable for your injury.

Unfortunately, so many people do not pursue a brain injury claim. Indeed, filing a brain injury claim against another party and recovering compensation cannot change what happened. It cannot eliminate the challenges that are ahead of you. However, the money you recover in your claim can eliminate some of the financial burden associated with your injury.

Damages Available in a Florida Brain Injury Claim

If you sustained a brain injury in a Florida accident because of another party’s fault, there are several damages you can recover after filing a claim. The following are some of the damages you can recover in a Florida brain injury claim;

  • Past and future medical expenses
  • Lost wages
  • Lost earning capacity
  • Property damage
  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life

The above-listed damages can be grouped into two; economic and non-economic damages. Both economic and non-economic damages are referred to as compensatory damages. Depending on your case’s specifics, you may also be able to recover punitive damages, which, unlike economic and non-economic damages, are meant to punish a defendant. In Florida, punitive damages are awarded if a defendant is guilty of gross negligence or intentional misconduct.

What To Do if You Have Grounds for Filing a Brain Injury Claim

If you have grounds for filing a brain injury claim, it is crucial that you take steps to ensure you recover the amount of compensation you deserve. For example, follow all the instructions from your doctor (assuming you have already seen a doctor). Following your doctor’s orders will help with your recovery. After suffering an injury because of another party’s fault, you are required to do your part to limit the extent of the harm suffered. If you do not do your part to maximize your chances of making a complete and fast recovery, it can affect your ability to pursue compensation. Also, if you follow all the instructions from your doctor, you will prevent the insurance company from arguing that your brain injury is not as severe as you claim.

You should also retain an attorney if you have grounds for filing a brain injury claim. A qualified attorney can help you in many ways. For example, they can help with investigations and the gathering of evidence. A skilled attorney can ensure you file a timely claim. Also, an experienced attorney can help with negotiations. And if you are unable to get the compensation you deserve through out-of-court negotiations, they can take your case to court and help you fight for the compensation you deserve in front of a judge and jury.

Contact a Naples Personal Injury Attorney

If you suffered a brain injury in a Florida accident because of another party’s negligence, contact our Naples personal injury attorneys at The Law Offices of Marc L. Shapiro. We can help you hold the at-fault party liable and recover the compensation you deserve. To schedule a consultation, call 239-329-8138.


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