Living with a brain injury means no area of your life goes unaffected. You have to take on a much slower pace, and everyday things are more complicated than they used to be. Suffering a brain injury in an accident is difficult, but if your accident resulted from negligence, you have legal options for recovering monetary compensation.
Brain injuries make life more challenging, and their effects can vary from short-term to permanent. Brain injuries can be emotionally taxing and managing such a condition can also be financially burdensome. By filing a personal injury claim, you may be able to recover monetary compensation for all your losses, which could ease your burdens. Navigating the legal process can be overwhelming on top of managing an injury, so consider enlisting the help of an experienced St. Petersburg brain injury attorney to help lead the way.
What You Need to Know About Brain Injuries
Our brains are our body’s most vital organs, so receiving brain injuries can be seriously harmful to our well-being. However, there are many things related to brain injuries that the average person does not know about, and these are just a few of the many facts people should know about brain injuries.
The Difference Between Non-Traumatic and Traumatic Brain Injuries
Brain injuries can be either non-traumatic or traumatic. Non-traumatic brain injuries are brought on by internal factors, including a lack of oxygen, exposure to poisons, pressure from a tumor, etc. Other common causes of non-traumatic brain injuries are illnesses, electric shocks, and drug overdoses.
A traumatic brain injury (TBI) is characterized by a change in brain function or other signs of brain pathology brought on by an outside force. Traumatic brain injuries can be either closed (non-penetrating) or open (penetrating). Falls, auto accidents, and work-related injuries frequently cause traumatic brain injuries.
You Should Take Brain Injuries Seriously
When it comes to brain injuries, many people think you have to be in a severe collision or have a dangerous profession to get one, but brain injuries can happen to anyone at any time. Also, many people do not realize that brain injury symptoms often do not reveal themselves for a while after the initiating event, potentially taking days to manifest.
Long-term physical and mental problems are not the only effects of brain injury, and they might lower your standard of living. Our brains play a huge role in who we are and what we are capable of. Anyone whose negligence causes you to suffer a brain injury should be held liable for the consequences. Brain injury sufferers should talk to an experienced brain injury lawyer in St. Petersburg about their options.
Am I Eligible to File a Brain Injury Lawsuit in St. Petersburg?
You may be eligible to file a lawsuit if your brain injury was caused by an accident resulting from the negligence of another party. Being injured is not enough to receive monetary compensation for your injuries. To file a successful lawsuit in Florida, you, as the plaintiff, bear the burden of proving the validity of your claim.
You must demonstrate that another party’s negligence was the primary factor contributing to your accident and the damage you sustained to be awarded monetary compensation. In a Florida brain injury lawsuit, your claim must produce enough evidence to show that your case’s four elements of negligence hold true.
The essential four elements in personal injury lawsuits are the following:
- The responsible party owed you a duty of care;
- The responsible party breached their duty of care through a negligent act;
- The responsible party’s breach of care caused your accident and brain injury; and
- You sustained damages in the accident that you are eligible to recover in your lawsuit.
Whether or not the other party owed you a duty of care will depend on the circumstances surrounding your case, like if they were driving safely. Motorists who engage in negligent driving practices like texting while driving would be breaching their duty of care.
From there, you must establish that the accident would not have occurred if it were not for the negligent party’s actions. Numerous types of evidence, such as police reports, witness testimony, medical records, and surveillance footage, can be used to prove causation. Finally, you must have incurred losses from the accident, like medical costs, lost wages, and property damage are just a few examples of these losses.
What Are Legal Options Available to Brain Injury Sufferers in St. Petersburg?
You may suffer severe physical, mental, and financial harm following the accident that led to your brain injury. Still, you might be able to get monetary compensation for these losses by filing an insurance claim or a lawsuit. The conditions that led to your brain injury will help determine which course of action is best suited for your case.
As a brain injury sufferer, you have the following legal options available to them:
- A premises liability claim if a property hazard led to your accident;
- A product liability claim if a hazardous product caused your brain injury;
- A medical malpractice lawsuit if a healthcare professional’s negligence caused your brain injury; and
- A personal injury claim if your brain injury resulted from a car accident.
To better understand what type of brain injury case you have and the legal responsibilities your case will entail, consult a lawyer experienced in handling cases involving brain injuries.
The Statute of Limitations for Brain Injury Claims in St. Petersburg
Generally, you have four years from the date of your accident to file a lawsuit under Florida’s four-year statute of limitations for injury claims. If you submit your claim after this date, the court will likely dismiss your case, and you will not be able to get compensated. If you think you might be eligible for a brain injury claim, you should discuss your case with a brain injury attorney in St. Petersburg as soon as possible.
Rely on a St. Petersburg Brain Injury Attorney with Experience
A brain injury can have a significant financial impact on your daily life, and filing a claim alone is a challenging task. With legal guidance from an experienced lawyer, you may be able to pursue monetary compensation while still focusing on recovering from your injuries and rebuilding your life. At Marsalisi Law, we are home to a dedicated team of legal professionals experienced in personal injury cases.
Throughout difficult and stressful periods, Attorney Frank P. Marsalisi stays by his clients’ sides and prioritizes their rights and well-being at all times. He is fluent in Spanish and can assist Spanish-speaking clients in filing a claim. Our firm does not expect payment unless we win, so you can focus on healing while we handle your claim. Call our office at (727) 800-5052 or complete our contact form to get legal counsel and start your road to recovery.
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“You can’t go wrong with Frank Marsalisi!”
Frank was referred to me by a former client of his after my accident with nothing but great reviews, both professionally and personally. From day one there was a level of comfortability and trust built based on what would be in my best interest moving forward. Never once did Frank make my case about what was in it for him but about healing my injuries in order to move on as normal as possible with my life.
“One of a kind lawyer …brilliance!”
Frank has exceptional auto accident liability law abilities and he is also very well-versed in state auto insurance laws. One of the things I like about Frank is that he never tried to sugar coat anything for me. If we were headed for trouble, he would let me know what the trouble was and what our options were. I always appreciated his honesty. This is trait that I do not find in many of today’s lawyers but Frank has performed integrity well beyond his means.
– Ms. C. M. Fraser
Areas we serve:
Pinellas County, Hillsborough County, Polk County, Pasco County, Manatee County.