Every year, traumatic brain injuries impair and even kill a number of people in Florida and throughout the United States.
While some of them only last for a short period of time, others are so serious that they can interfere with almost every aspect of an individual's day-to-day life. At Lusk, Drasites, &Tolisano, our experienced brain injury lawyers understand how difficult it can be to deal with a devastating accident. We can handle your case with the utmost care and compassion.What is Traumatic Brain Injury?
A traumatic brain injury (TBI) occurs with a violent blow or impact to the head that disrupts the normal function of the brain. An object piercing the skull or breaking a piece of skull can also cause TBI. The extent of these injuries can range from mild to severe. In mild cases, they may interfere with normal brain activity for a limited period of time. In severe cases, they can leave long-term or even permanent harm.What Causes Traumatic Brain Injury?
According to the Centers for Disease Control and Prevention, 2.5 million TBIs occurred as an isolated injury or along with other injuries in 2010. The Mayo Clinic states that the most common cause, especially among children and the elderly, is falls. Other common causes include motor vehicle collisions, sports accidents, violence, and recreational accidents.Proving Negligence
If you or someone close to you has suffered a traumatic brain injury caused by someone else's carelessness or wrongdoing, you may be able to file a negligence lawsuit against the at-fault party. In most situations, negligence is the failure to use reasonable care to avoid posing foreseeable risks of harm.
Reasonable care refers to how a prudent or sensible person would behave in a particular situation. For example, a reasonable business owner probably would make sure that a freshly mopped floor has a “wet floor” sign to alert customers to the hazards of a slippery floor. A store that neglected slippery floors, leading to a slip and fall accident, likely would not be considered to have exercised reasonable care and likely would be liable for the resulting harm.
In order to establish negligence, the person bringing a claim must show the following elements:
- Defendant owed the victim a duty of care
- Duty of care was breached in some way
- Careless conduct caused accident
- Victim suffered quantifiable damages due to careless conduct
It is important to note that injury claims in the state of Florida must be filed within a time frame known as the statute of limitations. A victim has 4 years from the date of the accident to take legal action. Failure to file within this time frame could mean losing your legal right to be heard by a court altogether.
If you have suffered a traumatic brain injury due to someone else's negligence, you deserve a compassionate lawyer who can help you pursue the compensation you deserve for your harm. At Lusk, Drasites, & Tolisano, our brain injury attorneys have helped victims bring claims after car accidents or other harmful events.Who We Serve
We serve clients in and around Cape Coral, Fort Myers, and Naples. To set up a free consultation with a brain injury lawyer, call (800) 283-7442.