Sustaining a brain injury leads to an uphill battle of recovery, involving extensive medical care, rehabilitation, and the costs associated with having to adapt to an altered lifestyle. If you or a loved one has been harmed as a result of someone else’s negligence, you may be able to receive compensation to help with the financial burden. The Miami brain injury attorneys at The Law Offices of Robert Dixon aggressively pursue claims on behalf of accident victims. We serve clients in Miami-Dade, Broward, and Palm Beach Counties, as well as throughout Florida.Seeking Compensation in South Florida Brain Injury Lawsuits
Unfortunately, many different types of accidents can cause catastrophic harm, such as brain injuries. One common situation is a motor vehicle accident where the driver fails to exercise due care in operating his or her car, motorcycle, or truck. Swimming pool accidents in Florida also can lead to a significant brain injury, and individuals or companies that fail to keep their property safe can be held liable for accidents that happen as a result.
To recover damages after an accident, a victim usually files a negligence lawsuit. In these claims, the victim must show that:
- The defendant had a duty of care to the victim;
- The defendant breached that duty of care;
- The breach caused an injury to the victim; and
- The victim suffered damages as a result of the injury.
For example, doctors must perform at the level of the medical community's established standard of care. If a doctor performs a procedure that falls below this standard, and the flawed procedure leads to a brain injury, that doctor could be liable for negligence. Under the theory of vicarious liability, the hospital employing the doctor could also be held liable, if it is shown that the doctor's careless actions were taken in the scope of employment. An employee acts within the scope of employment if the action is a requirement of the job, occurs during the time of employment, and is taken with the intent to help the employer.
Showing causation is often the most difficult part of a brain injury case. Such a showing can require an array of experts, including medical professionals as well as economic specialists. Consulting an experienced attorney who can accurately demonstrate the link between another person's negligence and a victim's injury is important to make sure your claim is pursued properly. This demonstration can include examinations of medical records as well as accident reconstructions, along with other evidence to show the relation between the defendant's negligent action and a victim's brain injury.
Brain injuries often require significant medical care, rehabilitation, and other accommodations. Financial damages that may be awarded to a victim include past and future medical expenses, lost wages, pain and suffering, and loss of enjoyment of life, among other types of compensation. In the unfortunate situation when a victim has died from a brain injury caused by someone else’s negligence, the victim’s family may be able to pursue a wrongful death claim to seek compensation for their losses.Discuss Your Brain Injury Case with Miami Attorneys
At The Law Offices of Robert Dixon, our knowledgeable Fort Lauderdale brain injurys are here to help you through the legal process of pursuing damages while you focus on recovery. If you’ve been hurt because of someone else’s carelessness, tell us about the details of your case so that we can devise a strategy for your specific circumstances. Please call us at 877.499.4878 or contact us online for a free, no-obligation consultation, even if you are not sure if you have a claim.