What Are the Most Common Causes of TBI?

Some of the most common causes of traumatic brain injuries (TBIs) include motor vehicle accidents and falls. Other potential TBI causes include physical attacks, workplace accidents, boat accidents, and pedestrian accidents. When the cause of a brain injury is someone’s negligence, the victim can file an insurance claim or sue the at-fault party.

If you want the compensation you deserve for medical care and other damages related to your brain injury, hire an attorney to fight for it. Lawyers provide many benefits, including their experience and wealth of resources. Your TBI requires your attention, so let a Tampa traumatic brain injury attorney take the lead in your case.

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TBIs Often Result from Someone’s Negligence

One question you must consider after suffering a TBI is, “Did someone’s actions or failure to act contribute to my injury?” If the answer might be “yes,” speak with a TBI lawyer about seeking compensation from liable parties.

Your TBI lawyer will work to prove that someone’s negligence resulted in your TBI and may make this case by:

• Establishing the duty of care: When someone has a duty of care, they must act like a reasonable person would in the same circumstances. A boat driver has a duty to avoid striking people, just as a property owner must clean up spills to prevent falls.
• Proving a breach of duty: If someone acted in some unreasonable way that contributed to you suffering a TBI, they likely breached their duty of care to you. Your attorney will present all evidence that details their specific negligent actions (or failures to act).
• Proving causation: The evidence in your case should prove that the liable party’s negligence was the cause of your TBI. Expert testimony can also help establish this fact.
• Presenting your damages: Once your attorney has proven the first three steps in the negligence sequence, they will provide proof of the damages you’ve suffered because of the TBI.

Attorneys use the specific details of each case to make this argument effectively. The unique cause of your TBI, the symptoms of your injury, and the damages you have suffered will all be central to this argument.

Many Causes of Traumatic Brain Injuries Are Grounds for Legal Action

While some traumatic brain injuries are unavoidable and no one in particular is at fault, many TBIs are the direct result of negligence. When this is the case, those with TBIs (or those who lose a loved one due to a TBI) can file an insurance claim or a lawsuit in pursuit of fair compensation.

Some incidents that may lead you to pursue a settlement after a TBI are:

• Car accidents
• Truck accidents
• Bus accidents
• Pedestrian accidents
• Motorcycle accidents
• Rideshare accidents
• Boating accidents
• Slip and falls
• Trip and falls
• Workplace accidents
• Animal attacks (which might lead to a fall)
• Physical attacks allowed by negligent security
• Defective products (which can include an airbag failing to deploy, safety equipment failing to serve its purpose or any other product that contributes to a TBI)
• Any other preventable event resulting from someone’s negligence

Brain injuries can happen in many different circumstances. If the event(s) in which you suffered a brain injury are not listed, simply speak with an attorney about whether you have grounds for an insurance claim or lawsuit.

How Can I Seek Compensation for Harm I’ve Suffered Because of a TBI?

A Tampa brain injury attorney will likely take one of two paths to secure a fair financial recovery for your TBI, which are:

• An insurance claim
• A lawsuit

Two specific outcomes can lead to compensation in your pocket, which are:

• A settlement, which can come through the claims process or after you file a lawsuit
• A jury award, which may come after your case goes through trial

Even if you file a lawsuit, statistics suggest you are more likely to receive a settlement than a jury award. There are high costs and some risks associated with trials, so settlements are far more common. Even so, confident attorneys are always willing to take TBI cases to court when it is the best decision for the client.

The Contingency Fee Structure Allows You to Hire an Attorney at No Out-of-Pocket Cost

If you have any question about whether you can afford to hire a TBI lawyer, you can. Most personal injury attorneys offer contingency fees, which they only receive if they obtain a settlement or jury award for you.

A contingency fee arrangement means:

• Your attorney has a compelling financial incentive to obtain the money you deserve (otherwise, all of their hard work will go unpaid)
• You don’t have to pay the firm out of your own pocket under any circumstance
• You can hire an effective attorney no matter how financially distressed you may be at the moment

A law firm may provide resources for your case that you might not otherwise access, including expert analysis. Simply agree to grant your lawyer a portion of any settlement or verdict they secure for you, and they can get started on your case today.

How a TBI Lawyer Will Build Your Case for a Fair Settlement (or Verdict)

Your TBI lawyer in Tampa will build the strongest case they can, as winning for you is the only way they will receive their fee. Lawyers also want to see their clients in a position of financial security, so they will work to obtain a fair settlement or judgment by:

Protecting You Through Every Step of Your Case

Your lawyer will protect you from anyone’s attempts to sink your case, which may include:

• Attempts to blame you for causing the TBI
• Lowball settlement offers
• Delays in the claims process
• Confusing questioning (which may be attempts to have you admit fault)

Insurance companies and civil defense lawyers are two of the main parties that use such tactics. Your lawyer will handle as many interactions with these parties as possible and make any statements you must provide on your behalf.

Detailing the Cause of the TBI

Your legal team will secure all relevant evidence proving who caused your TBI. From eyewitness accounts to police reports and accident reconstructions, your legal team will leave no stone unturned during their investigation.

Documenting the Damages Resulting from the TBI

Your case will include detailed documentation of TBI-related damages, which may include:

• CT scans of your brain injury
• Your doctors’ notes and diagnoses of your injury
• Medical bills related to the TBI
• A mental health expert’s detailing of your pain and suffering (including any depression and personality changes stemming from the injury)
• Proof that you’re unable to work as you normally do because of the TBI and the income and other professional damages that result

Your attorney will also discuss how the TBI has negatively affected your quality of life. Your own testimony can be powerful proof of your pain and suffering.

Calculating How Much Money You Deserve

The treatment for your TBI may alone be costly, as it may include surgery and hospitalization (among other medical services). When your lawyer factors in lost income, pain and suffering, and other damages, your case value can be high.

Leave it to an attorney to assign a precise financial value to each of your damages. They will be certain of your case value before they demand compensation from liable parties.

Negotiating a Settlement on Your Behalf

TBI attorneys are, at their core, negotiators. Your lawyer will determine how much compensation you deserve then:

• Arrange negotiations with liable parties
• Present evidence that proves who is responsible for your TBI, and who is financially liable for your damages (this may not be the same party)
• Present documentation of your TBI-related damages
• Explain how they calculated their settlement demands

Liable parties will almost certainly try to negotiate your lawyer down. If they are a skilled, experienced lawyer, your attorney will stand firm in their demands and secure the compensation you deserve.

Representing You in Legal Proceedings, If You Choose To

If you choose to file a lawsuit, your lawyer will file the suit before the statute of limitations expires. Liable parties will have the chance to offer a fair settlement after your lawyer files the case.

If the liable parties are still unwilling to pay the money you deserve, your attorney can take your case to trial. Your lawyer will explain the ins and outs of going to trial before you make this decision together so you can be fully confident in the direction your case takes.

Variables That Can Affect the Value of a TBI Case

Many TBI victims who hire an attorney want to know how much money their lawyer will seek. Each case is different, and some factors that can affect the value of a TBI case include:

• The specific type of TBI you have suffered, as there are a wide range of injuries from items penetrating the skull to internal injuries like concussions
• The severity of your injury and the symptoms the injury causes
• The specific cost of all economic damages, like medical expenses and lost income
• The severity of your pain and suffering, which is the most common type of non-economic damage among those with TBIs

Your attorney will also consider how your TBI interferes with your professional life. The amount of income you lose because of your injury will be an important focus as your lawyer determines your case value.

Recoverable Damages Your Lawyer Will Include in Their Settlement Demands

Attorneys must break their clients’ damages down into specific categories, which often include:

• Medical costs, as brain injuries are often complex and require multi-faceted treatment approaches
• Pain and suffering, which can include lost quality of life, physical pain, and other non-economic harm
• Professional harm, including but not limited to lost income and diminished earning capacity

Those who are permanently disabled because of a TBI may have additional costs and challenges, including long-term rehab expenses, caregiver costs, and medical equipment expenses. Attorneys take a comprehensive approach to ensure they account for all harm their clients suffer.

Hire Your TBI Attorney as Soon as You Possibly Can

Ensure your lawyer can file any necessary lawsuit before the legal filing deadline expires. Find your Tampa traumatic brain lawyer as soon as possible. This gives them time to gather evidence and fully understand the extent of your injury before pursuing full compensation for you.

Never wait to seek the legal support you need to protect your rights. Schedule a free case evaluation with a brain injury attorney today.