Did you know that traumatic brain injuries contribute to a significant portion of personal injury claims in the state?
In fact, according to CDC reports, over 500,000 people in Florida seek medical attention for traumatic brain injuries each year.
What are the defences that are commonly raised in these cases, and how do they shape the legalities for individuals seeking fair traumatic brain injury settlements in Florida?
Here are some of the top defenses encountered for getting deserving settlements in case of brain injuries.
Stick with us and get a hang of it in no time.
Statute Of Limitations In Florida:
In Florida, for example, there is a statute of limitations that sets a time limit on when legal action should be taken in traumatic brain injury cases.
The idea is that such cases must be brought to courts at the earliest opportunity to not lose evidence and fair time.
When it comes to personal injury cases — both traumatic brain injuries and others — the time limit for filing suit in Florida is, as a rule, four years. If unable to meet this deadline, the case may be dismissed.
Key Considerations:
- Seeking legal advice immediately after the injury is very important.
- It is necessary to understand and respect the statutory time limit.
Comparative Negligence:
In fact, Florida uses a comparative negligence system, in which the compensation due to an injured person would be reduced according to their degree of responsibility for his or her own injury.
Many speeches delivered in court are too scholarly.
Defence might try to say that the victim brought this on himself by acting carelessly or being negligent, influencing compensation over a traumatic brain injury.
Key Considerations:
- The next step is to prove the defendant’s majority responsibility in order to acquire maximum compensation.
- Proper legal representation by a top Florida brain injury attorney can defend against inflated claims of negligence by the injured party.
Pre-Existing Conditions:
The defending party may claim that the damage was due to pre-existing conditions and not caused by the incident in question.
But the key to countering this type of defence is establishing a clear link between the incident and injury. It is frequently only through medical evidence and expert testimony that causation can be proven.
Key Considerations:
- Detailed medical records and professional testimony are essential.
- Showing that the incident itself was a major factor in worsening what already existed.
Insufficient Medical Evidence
The defence could also question whether certain medical records introduced by the plaintiff are sufficient or relevant.
The plaintiff’s case can be damaged by insufficient or inconsistent medical evidence, making exhaustive and thorough medical records all the more essential.
Key Considerations:
- Periodic check-ups and the keeping of medical records are all essential.
- Work with medical experts to call on the incident as providing credible testimony of a connection to traumatic brain injury.
Insurance Company Tactics
Furthermore, insurance companies might try to reduce their liability by using such underhanded methods as making lowball offers early on.
Claimants need to know these tricks of the trade and seek out a lawyer experienced in successfully negotiating compensation.
Key Considerations:
- Do not settle for the first offer without legal advice.
- The settlement amount is also determined by an attorney’s negotiating ability.
Failure To Mitigate Damages
The traumatic brain injury Defense may point out that the victim failed to take reasonable measures to prevent further harm.
Since this is the only way to break through this defence, proactive steps like seeking early medical help and adhering to treatment regimens are essential.
Key Considerations:
- Seeking medical help promptly and carefully following treatment increases the plaintiff’s stance.
- Efforts to reduce damages should be well documented to build a strong case.
Inadequate Proof Of Liability
Establishing liability successfully is crucial to traumatic brain injury settlements in Florida.
The defence, however, may call the evidence into question and make its case on the basis that a good investigation should seek out evidential proof of fault.
Key Considerations:
- Liability can even be proven through eyewitness accounts, surveillance footage and expert opinions.
- The opportunity to work with a personal brain injury attorney in Florida increases the likelihood of being able to present a powerful case.
Government Immunity
Suppose traumatic brain injury victims often find that the cause of the injury is related to actions by a government entity.
In that case, the matter can be covered up under government immunity protections. The intricacies of government immunity need to be navigated by an understanding of relevant laws and regulations.
Key Considerations:
- Consciousness of certain regulations and restrictions concerning government liability.
- Discussion with a lawyer knowledgeable about governmental immunity is essential.
Challenges In Assessing Non-Economic Damages
It is always hard to quantify non-economic losses, like pain and suffering.
The defence may also challenge these damages as to the nature or degree, thus requiring a convincing case with not only witness testimony but other evidence as well.
Key Considerations:
- Maintaining a clear record of how the traumatic injury affects the person’s life.
- The use of so-called expert witnesses, such as a psychologist or therapist, to make professional assessments of non-economic damage.
Negotiation and Alternative Dispute Resolution:
Not every traumatic brain injury settlement gets to court.
Outside the courtroom, negotiations and alternative mechanisms of dispute resolution like mediation or arbitration create room for negotiation. To obtain a good settlement, make sure to have a skilled negotiator by your side.
Key Considerations:
- Openness to alternative forms of dispute resolution can speed up the process.
- The quality of legal representation and negotiating ability both play a key role.
Final Takeaway
With successful navigation of the traumatic brain injury settlements in Floria, you may now have a deep understanding of the legalities and potential defenses.
Fortunately, by being aware of these defenses and collaborating with a skilled brain injury attorney in Florida, you can maximize your chances of securing fair and just compensation.
Remember to always consult with a legal person for the best advice to get tailored traumatic brain injury settlements in Florida for your case!
Barry Lachey is a Professional Editor at Zobuz. Previously He has also worked for Moxly Sports and Network Resources “Joe Joe.” He is a graduate of the Kings College at the University of Thames Valley London. You can reach Barry via email or by phone.
