Traumatic Brain Injury Cases


Traumatic Brain Injury or TBI is probably the most severe injury that can be sustained and not surprisingly the most costly injury a person can endure. For the latter reason, insurance companies want to settle any such claim as soon as possible to minimize their liability and financial exposure in such cases.

Traumatic Brain Injury Cases Cannot Be Settled Too Quickly

If you suffer a traumatic brain injury, do not make any verbal statements to the insurance company, do not sign any release or do not accept any monetary compensation before you consult with an experienced personal injury attorney. A quick settlement of these cases is not advisable since you may not even know the full extent of your injuries so early in the process. The long-term prognosis of a traumatic brain injury may not be known for many months (maybe years) following the incident, so the proper diagnosis is of the utmost importance in these instances.

Critically Evaluate Evidence

Evaluating the monetary compensation due and owed to a victim suffering from a traumatic brain injury is very complex and involves many factors, including nature, extent and severity of the TBI, the pain and suffering sustained as a result of the TBI, the long-term medical costs to treat the TBI, the age and life expectancy of the victim, the earning capacity or earning potential of the victim based upon his or her education or profession as well as many other factors. Oftentimes a vocational expert or consultant will have to be retained to help determine the monetary value of the TBI.

Since you are not forced to file a lawsuit against the at-fault party immediately, this should give you plenty of time to medically treat for your injuries and for your medical providers to develop an appropriate treatment plan for your injuries as well as an estimated cost for these future medical treatments over the course of your lifetime.

Know your Rights

The statute of limitations for filing a personal injury lawsuit in Florida is usually two (2) to four (4) years from the date of the accident, depending on the circumstances. If you fail to file a lawsuit against the at-fault party within this time frame means that you will be prohibited from doing so in the future. Therefore, although it is highly recommended that you do not hurry to settle your traumatic brain injury claim, it is imperative that a lawsuit be filed against the at-fault party prior to the expiration of the statute of limitations.

Traumatic brain injury cases are very complex and complicated. For this reason, it is imperative for the victim (or the victim’s family) to retain an experienced personal injury attorney to assist in resolving a traumatic brain injury case with the at-fault party.