Brain Injuries in Car Accidents
Car accidents can cause a variety of harm, but few injuries are as life-altering as brain injuries. Most collisions that cause brain trauma could have been avoided, though, if the person who caused the accident had driven in a safe manner. People who sustained brain injuries in car accidents should meet with an attorney to determine their options for seeking damages for their harm. At The Grife Law Firm, our Boca Raton car accident lawyers are mindful of the devastating impact that brain injuries can have on a victim and their loved ones, and if we represent you, we will fight tirelessly to help you recover any damages that you may be owed.Frequent Causes of Brain Injuries in Car Accidents
Brain injuries occur when an impact forces a person’s brain to strike the inside of their skull. In the context of car accidents, brain trauma can result from a person’s head striking an interior part of the car, such as a headrest. It can also be caused by a sudden jolt that causes a person’s head to jerk back and forth. While collisions involving a high degree of impact often cause brain injuries, seemingly minor crashes can cause trauma as well. Examples of brain damage that may result from car accidents include concussions, contusions, hematomas, and hemorrhages.Seeking Damages in a Civil Lawsuit
In Florida, most lawsuits that arise out of car accidents allege that a driver's negligence brought about the collision. Under Florida law, to recover compensation under a negligence claim in a car accident case, a plaintiff must prove that the defendant owed the plaintiff a duty of care to drive safely and reasonably and that the defendant breached the duty in some way. The plaintiff must also show that the breach directly caused the harm suffered. Police reports, eyewitness statements, and surveillance videos and footage can often be used to demonstrate that a defendant’s behavior led to an accident.
In cases involving brain injuries, the plaintiff may need to engage one or more experts to prove both the defendant’s liability and the extent of the harm suffered. For example, an individual who specializes in accident reconstruction may be hired to assess the amount of force produced by the collision and to determine whether it was sufficient to cause the plaintiff’s injuries. Additionally, a medical expert may be hired to explain the extent and permanence of the plaintiff’s harm and the care that they will need in the future. The use of expert testimony is explicitly permitted by Florida law. Specifically, Florida Statute 90.702 provides that an expert can testify if technical, scientific, or other specialized knowledge will help a jury determine a factual dispute. A person may be qualified as an expert based on skill, training, education, or experience.Damages for Brain Injuries in Car Accidents
Brain trauma usually requires significant medical treatment, such as hospitalization, surgery, and occupational and physical therapy. In many instances, people who suffer brain damage in an accident require lifelong care. They often are unable to work as well. Thus, plaintiffs in car accident cases usually pursue damages for their economic losses. Pursuant to Florida Statute 768.81(1)(b), economic damages include the cost of medical treatment and lost past and future income. Plaintiffs typically seek damages for their non-economic harm as well, such as pain and emotional trauma.Speak to an Experienced Boca Raton Attorney
Brain injuries can cause a lifetime of pain and incapacitation, and when they are caused by preventable accidents, victims often feel anger and frustration. Fortunately, the law allows people hurt by the negligent acts of others to pursue compensation via civil lawsuits, and anyone hurt in an accident should speak to an attorney. The experienced car accident lawyers at The Grife Law Firm can advise you about your available options and help you pursue the maximum amount of compensation recoverable under the law. Our attorneys regularly represent injured people in lawsuits in Boca Raton, Miami, West Palm Beach, and Fort Lauderdale. You can reach us through our online form or by calling 855-998-0770 to schedule a meeting.