When you sustain a hit to the head, you may not realize your brain is swelling and the situation is critical. After seeking medical attention for a blow to the head, seek legal advice.

When the circumstances of your injuries involve someone’s negligence, recklessness, or an intentional attack, our client-centered catastrophic injury attorneys could employ data-driven technology to get exceptional settlement results. Contact a West Palm Beach traumatic brain injury lawyer to discuss your legal options.

Common Causes of Traumatic Brain Injuries

Even though a hard skull protects the brain, it can still swell when a blow is hard enough. When someone acts unreasonably and causes another’s injuries, they may have to compensate the person they injured through insurance or personal assets. Common causes of TBIs that could lead to a negligence action include:

  • An attack with a weapon or blunt instrument
  • Purposely pushing or tripping someone in motion
  • Driving intoxicated and crashing into another vehicle
  • An accident with dangerous substances at work caused an explosion in a closed space
  • Shaking or punching a vulnerable person in the head

These accidents cause varying degrees of harm. Similar cases before them have commonalities that insurance companies, judges, and juries considered when determining settlements or damages awards. Leveraging this information is the KMW difference. Insurance companies know these numbers and use them to lowball a settlement by selectively relying on the numbers most favorable to their bottom line. Our brain damage lawyers in West Palm Beach know these numbers, too, and use them to secure more appropriate compensation with facts about how much a person needs to recover from a TBI.

When a Plaintiff is Partly Responsible for the TBI

With HB 837, the state adopted a modified comparative negligence doctrine that does not permit plaintiffs more than 50 percent responsible for their accident to recover anything. The court assigns a percentage of the blame for the TBI accident to everyone involved and reduces a plaintiff’s award by the percentage they are at fault.

Calculating fault and assessing how similar historical cases have been treated is another advantage of a data-driven law firm. A traumatic brain injury attorney in West Palm Beach will work to prove a person had no responsibility for the accident that harmed them.

State Statute of Limitations for TBI Claims

The governor’s signing of HB 837 also amended the time a person has to sue a defendant for negligence. The statute of limitations under Florida Statutes § 95.11 is two years from the date of the incident or, in some cases, when the brain injury is discovered, such as in medical malpractice.

A West Palm Beach Traumatic Brain Injury Attorney Could Help

Traditionally, law firms run on the knowledge of their elder statesmen, who rely on their personal experience to make decisions. Our firm leverages data to streamline operations, interpret myriad court documents and judge’s motions, and inform litigation strategy.

This fresh, progressive move toward a data-driven office gets our West Palm Beach traumatic brain injury attorneys excellent results. Call for your free consultation to learn more about your legal options.