Every year, 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 injury lawyers understand how difficult it can be for Fort Myers residents to deal with a devastating accident. We can handle your case with the utmost care and compassion.Bringing a Negligence Claim to Seek Compensation for Brain Trauma
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 skill 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. According to the Centers for Disease Control and Prevention (CDC), 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.
If you or someone close to you has suffered a 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:
- The defendant owed the victim a duty of care;
- This duty was breached in some way;
- The careless conduct caused the accident; and
- The victim suffered quantifiable damages as a result.
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 four 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.Enlist an Injury Lawyer in Naples to Assert Your Rights
If you have suffered a 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 attorneys have helped victims in Naples and beyond bring claims after car accidents or other harmful events. We serve clients from throughout Collier and Lee Counties, including in Cape Coral, Lehigh Acres, and Port Charlotte. To set up a free consultation, call us toll-free at (800) 283-7442 or contact us through our online form.