Falls, roadway accidents, violent assaults, and more can leave someone with severe head trauma. Certain accidents are especially likely to leave you with a traumatic brain injury, regardless of how careful you may be.

If you or a loved one are struggling with the effects a traumatic brain injury (TBI) sustained in an accident caused by negligence, you may feel overwhelmed and uncertain about what to do next. You do not have to face this situation alone and can rely on a Melbourne traumatic brain injury lawyer to help you through every step of a catastrophic injury claim.

What Accidents Can Cause TBIs?

The brain is a sensitive organ. Violent stops, jolts, and twists can cause the brain to bounce against the skull, potentially resulting in long-term and traumatic damage. Traumatic brain injuries are especially common after auto collisions, falls, sports injuries, and work-related accidents.

Symptoms of a Traumatic Brain Injury

Individuals suffering from TBIs do not always experience symptoms immediately after their accidents, which necessitates getting on-site medical attention at the scene to rule out or document the presence of severe head trauma. It is advisable to let the paramedics who arrive at the scene take injured parties to the hospital for a full medical evaluation. After some time, individuals may experience long-lasting headaches or a diminished ability to speak or move certain parts of their bodies, for example.

Who Can Represent Victims of Severe Head Trauma?

TBIs often make it challenging for injured individuals to complete day-to-day tasks. While a person’s headaches and dizziness may ease over time, traumatic brain injuries can have long-term effects on a person’s overall well-being.

Regardless of whether the injured party can no longer speak for themselves in court, they still have the right to legal representation. Their spouse, children, or immediate adoptive relatives can appear in court and at negotiations to pursue compensation on their loved one’s behalf if they believe the accident in question was the result of negligence. All interested parties can work with a Melbourne attorney to determine how to best move forward with a TBI lawsuit.

Filing a Traumatic Brain Injury Case in Melbourne

Our team of lawyers can help families in Melbourne dealing with the consequences of traumatic brain injuries gather the information they need to submit a strong legal complaint. This information can include:

  • The name of the party believed to be liable for the TBI
  • Evidence of that individual’s duty of care
  • Evidence that they breached their duty of care
  • Evidence that their breach of care caused the plaintiff’s damages
  • An estimate of the damages rendered against the injured party
  • Testimony of the TBI’s impact on the injured party’s day-to-day life

Injured parties and their representatives should reach out to a medical professional to procure evidence and a professional diagnosis of a traumatic brain injury.

Statute of Limitations for TBI Claims

According to Florida Statutes §95.11(3), individuals suffering from traumatic brain injuries due to third-party negligence have four years to bring their case before a court. Any prospective plaintiff who attempts to bring such an issue before a Florida court more than four years after the day the brain injury occurred or was otherwise discovered effectively waives their rights to legal compensation.

That being said, parties who believe they have suffered a traumatic brain injury due to unsafe workplace conditions or medical malpractice have two years after the discovery of their condition to submit a legal complaint to a Melbourne civil court. It is advisable to work with an attending attorney to ensure a TBI claim includes all the paperwork necessary to move forward with within these deadlines.

Let a Melbourne Traumatic Brain Injury Attorney Examine Your Case

Learning to live with a traumatic brain injury takes time. Whether you are contending with a concussion or your loved one’s sudden loss of cognitive function, a Melbourne traumatic brain injury lawyer can help. With 30 years of combined experience, our team can walk you through the best way to formulate a traumatic brain injury lawsuit and maximize your chances of success. Consult with our team of professionals throughout the legal process and rely on Norden Leacox Accident & Injury Law if your case moves to court.

What Is Your Case Worth?
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