Naples Brain Injury Lawyer
Brain injuries are one of the leading causes of death in the United States. And even in non-fatal cases, a brain injury often results in a victim’s permanent impairment or disability. Such long-term effects take not only a physical and emotional toll but a financial one as well. Brain injury victims often require a lifetime of medical care while simultaneously facing a diminished capacity to work and earn a living.
Brain injuries are often the result of an accident caused by third-party negligence. If that is the case, the victim is entitled to seek compensation for all of their financial and non-financial losses. A qualified Naples brain injury lawyer can represent you in pursuing such compensation. At Cardinal Law, P.A., we represent victims and their families who are dealing with these catastrophic injuries.
Proving Negligence Caused Your Brain Injury
Brain injuries are commonly associated with a sudden blow to the head. For example, a person is in a car accident and their head suddenly and violently hits the dashboard or windshield. Or perhaps a person has slipped on the floor at a local store and hit their head while falling to the ground.
But there are brain injuries that do not involve such physical blows. There are also anoxic brain injuries. These are injuries caused by lack of oxygen to the brain. Such injuries can result from medical malpractice or neglect or abuse on the part of a nursing home.
With any type of brain injury, however, the key to obtaining legal compensation is proving a defendant’s negligence. Florida law requires proof of three things:
- The defendant owed the plaintiff some legal duty of care.
- The defendant violated that duty of care.
- The defendant’s violation caused the plaintiff’s brain injury.
In the context of a brain injury arising from a car accident, for instance, a victim simply needs to show the defendant caused the accident through reckless or negligent conduct. The victim does not need to show that the defendant intended to cause a brain injury. Indeed, in most personal injury cases there is no such intent.
Contact Cardinal Law Today
Cases involving brain injuries can lead to a substantial award of damages to the victim. The principal reason for this is that brain injuries often require extensive medical care, often months or years after the accident that caused the injury in the first place. Florida law allows a victim to recover not only the costs of their past medical treatment, but also any estimated future treatment and rehabilitation expenses as well. This is in addition to damages for the victim’s ongoing pain and suffering and the calculated loss of their present and future earning capacity due to their brain injury.
So if you or someone in your family has sustained a brain injury it is essential that you seek out legal advice regarding your rights. A Naples brain injury lawyer can review your case and represent you in pursuing a claim for damages. Contact Cardinal Law, P.A., today to schedule a free initial consultation.
