For Fort Lauderdale residents who have a loved one who has suffered a traumatic brain injury as the result of the negligence of someone else, their legal rights and your right to sue become exceptionally important as a result of this life altering injury. At Martin, Lister & Alvarez, a leading Fort Lauderdale personal injury firm, we have the experience, compassion, and the track record to assist you in obtaining the financial and medical support your loved one will need to adapt to the condition.
The NIH reports that there are over 1.6 million cases of TBI in the nation each year. Most of these cases are minor and take the form of temporary concussions, but many have long term or permanent consequences that can be significant quality of life issues. If the injury was caused by someone’s negligence, you need to investigate what options are available to you for financial relief.
Brain Injury Law in Florida
In order to pursue a lawsuit for TBI you have certain elements that need to be proved including:
- Duty of Care: There has to be a legal duty that requires a person or company to provide a reasonable level of care to ensure no harm comes to others.
- Breach of Duty: Next you have to prove that person or company that has an obligation to reasonably protect your safety breached that duty. For example a doctor or hospital has a duty to perform up to the standard of care established by the medical community. An action, or inaction that causes injury would be a breach of duty.
- Damages: For a suit to be filed there has to be real economic or non-economic damages. In other words you can’t sue just to punish a person.
The next step is the most difficult and it involves proving the case. TBI cases will rely on expert testimony, medical records and other investigative actions. The insurance companies have nearly unlimited resources to defend themselves. What you need is a representative to level the playing field and represent your best interests.
At Martin, Lister & Alvarez we don’t take every case. But for those that we do, we are tenacious in our representation. If you want compassionate representation who will assist you while the legal process plays out, we encourage you to submit your case to us for review today.