Brain injuries can be catastrophic. Even minor brain injuries can have a huge negative impact.This is why experts suggest hiring a reliable Florida brain injury lawyer to handle this type of accident case. Many victims of brain injuries file a lawsuit or accept a settlement without the consultation of an attorney that handles brain injuries in the state. As a result, many of them do not get nearly enough of the amount of compensation that they deserve for their losses and injuries.
Every year a significant percentage of people experience a traumatic brain injury in Cape Coral. If you or one of your loved ones have suffered a brain injury, you can benefit from the legal services of a reliable attorney to get the best advice and representation available. Do not wait for the victim to contact lawyers. If your family member or friend is injured and is too busy or unable to take care of himself or herself to make the call, then you can take the initiative.
Berke Law Firm, P.A. never hesitates to go the extra mile to help clients in the best possible way. Our brain injury lawyer Florida will tell you how your case can be presented in court. Getting the best possible compensation for our client’s losses is our goal.
No one can predict the worst scenario that individuals may face following a traumatic brain or head injury. The injury may not cause any symptoms initially, however, after days or months, noticeable symptoms can appear. In this type of situation, most individuals don’t think that their injury was the result of the accident. We have seen many cases when the patient and their family members continue to suffer for years due to a lack of proper guidance from a legal and even medical professional from the start.
Common Causes of Brain Injury
According to the Center for Disease Control, falls as well as car, truck, and motorcycle accidents are the primary reasons for most traumatic brain injuries (TBIs) and related hospitalizations. Frequently, accidents happen due to another driver’s negligence while operating their vehicle. TBI injuries can occur as follows.
TBI injuries during childbirth generally occur when the healthcare provider, hospital, or doctor fails to adequately provide the standard medical treatment to a patient. In these cases, medical malpractice can cause a devastating brain injury.
Accidents can also occur in the workplace. If a person suffers from brain injury as a result of performing duties related to their job, then they may be eligible to claim compensation for their loss in accordance with their workers’ compensation benefits.
If you, someone in your family, or a friend is suffering from a brain injury due to any of the above reasons, you all may be legally eligible for compensation and can file a lawsuit. The first thing to do is to contact an experienced Florida brain injury attorney that has handled similar cases. You should contact someone who specializes in brain injury litigation.
Essentials about Brain Injury Litigation
It is critical to consult an expert who has a clear understanding of brain injury litigation because it takes a long time to handle these types of claims. Showing proof of the brain injury, diagnosis and other related documents is a crucial and challenging task. It is best to have testing done such as MRIs, CT scans, or other forms done to prove the existence and severity of your condition.
Most of the time, insurance companies do not trust a diagnosis without supporting documents. They may believe that the applicant could be faking their condition, due to insurance fraud. A professional traumatic brain injury attorney in Florida can help you in gathering the correct documents you would need to obtain the compensation you deserve for all of your losses due to the brain injury.
Proving your brain injury and other losses is a lengthy and complicated process- A law firm that specializes in brain injury cases will know the critical details that are involved in brain injuries, and their attorneys handle such cases with the utmost attention. The claimant has to show the vital documents in support of their injury, treatment, medical history, and other details in order to demand and prove his or her right to maximum compensation. These documents can include medical records since childhood, as well as psychiatric records.
Loss of cognitive reserve- Cognitive reserve is the amount of brainpower that any individual has to resist brain damage over time that allows the person to continue to function and carry on daily activities. This cognitive reserve helps to protect people from fatal neurological diseases like dementia and Alzheimer’s. If you are suffering from a loss of cognitive reserve due to brain injuries, you may get monetary compensation sooner than those who are not.
Not all personal injury attorneys can handle complex brain injury-related cases. Make sure you have a Florida traumatic brain injury lawyer who knows about all aspects and scenarios of brain injuries by your side. If you have been suffering from such misfortune, call a Traumatic Brain Injury lawyer in Florida.
Substantiate brain injuries through testing. Being able to prove that you had a significant brain injury is an essential part of negotiating a settlement in your favor or winning a brain injury claim. Proving the existence and extent of a brain injury may be easier now than ever before due to new technologies used in diagnosis and treatment. If you have had any of the following procedures done, it can be significant proof to prove your brain injury and its effect on your life.
Filing A Lawsuit with Florida Brain Injury Attorney with with Berke Law Firm, P.A
To get compensation for a traumatic brain injury based on negligence the victim would have to prove that his or her injury was a result of an incident that occurred because of another party’s carelessness. The victim would need to prove the following elements to establish his or her case:
Duty of care: This is the legal standard of care owed by healthcare professionals, such as physicians that provide medical treatment to patients. The level of care may be set by accepted medical community standards, laws and regulations.
Breach of duty: If a person breaches their legal duty of care, then they may be liable for negligence if all of the other elements are met and there are no valid defenses. For example, if a doctor’s level of care does not meet the accepted standards of the medical community, then in such cases, he or she may have breached his professional duty.
Causation: The legal and actual cause of the incident was a result of another person’s carelessness.
Damages: The incident led to injury. This may include other non-economic and economic losses. A victim can file a lawsuit for compensation to cover these costs.
We believe that no one should suffer because of someone else’s negligence. This is the reason why brain injury lawyers can substantially help people to fight for the compensation and justice they deserve.
At the Berke Law Firm P.A., we focus our practice on handling personal injury cases, including those involving traumatic brain injuries. We understand the severity and complexity of these personal injury cases and offer our expertise to our clients in their time of need. We will professionally represent and pursue our client’s rights while fighting to obtain the maximum amount of compensation and benefits that the law will allow.
The Berke Law Firm P.A. handles personal injury lawsuits in Fort Myers on behalf of our clients suffering from head injuries and other related injuries such as:
Spinal Cord Injuries
Vision or Hearing Loss
Traumatic Brain Injuries
Resulting from serious trauma during an accident, a traumatic brain injury can also occur during a motor vehicle accident, motorcycle accident, aviation accident, medical malpractice, and other accidents involving an injury to the head. Regardless of how you or a loved one has suffered from a traumatic brain injury, if another individual was at fault, you and your family are entitled to compensation for your injuries.
Claim Compensation after a Brain Injury with Reputable Attorneys
When you get seriously injured in an accident, the fear, pressure of work loss, mental instability, and physical pain begin to mount. Coping with such trauma is not easy at all.
Traumatic brain injuries can result in a mild concussion or even in severe trauma that can result in amnesia, blindness, coma or death. Hence, it’s vital to be aware of concussions and other head injuries, especially for those who remain involved in sports and recreational activities where head injuries are common.
At Berke Law Firm, P.A., Florida brain injury lawyer can offer the best help in finding the reason behind your symptoms and filing a claim for compensation.
It’s essential to know about the types of trauma and the consequences that you can face. Here are few details about the same.
Contusion – a form of injury in which tissue is bruised and in the case of traumatic brain injuries, refers to brain tissue.
Concussion – the most common type of brain injury which is a condition that occurs as a result of a bump, blow, or jolt to the head or body that causes the head and brain to move rapidly back and forth and interferes with the ability of the brain to normally function. These are difficult to diagnose because they are not a readily observable injury and symptoms may not immediately show. They range in severity and can become severe, especially if you sustained other concussions previously.
Coup or contrecoup injury – A coup is the type of head injury that is a result of a blow at the site of the impact with an object. A contrecoup injury occurs from an object that strikes the head, but causes injury that is opposite of the site of the impact, such as when the brain strikes the back of the skull as a result of an impact.
Diffuse axonal injury – is a situation in which the nerves and muscle tissue of the brain get torn, most commonly seen in vehicle crashes.
Penetrating head injury – is an open injury that occurs when an object cuts into the brain, specifically, the dura mater which is the outer layer of the meninges.
Brain injuries can lead to serious mental and physical issues. Recovery from such medical conditions may take quite a long time, and the financial repercussions makes them even more challenging to handle.
Claiming Compensation for Brain Injury
We have provided professional legal advice and representation to clients in many geographical areas, including Fort Myers. We don’t charge anything until or unless we get you the compensation amount for your claim. Berke Law Firm, P.A., is well prepared to fight for your compensation.
We can handle the following claims for your convenience;
Medical Errors- Many people suffer brain injuries due to medical negligence. Suppose you were undergoing treatment for another condition, and due to medical errors by healthcare experts, pathologists, hospital staff or any related professional, you end up getting a brain injury as a result. You can then file a claim for compensation. You must connect with an experienced brain injury lawyer to know how to follow the essential legal steps in filing a lawsuit or negotiating traumatic brain injury settlements in Florida.
Criminal injuries- Many people suffer severe brain injuries due to different types of assault. Victims of a crime such as assault struggle because they may not know about the monetary compensation that they may be eligible for, especially if they fail to consult an attorney. If you have been injured as the victim of a crime, we can help you in the entire legal process, from gathering evidence in support of your claim, to representing you at trial
Public liability claims- These are the accidents that happen on public property, such as in the street for which local authorities are responsible. Slip and fall accidents that occur in such places can also cause brain injuries. For this, the public liability insurers of the premises where the accident happened may be involved and handle your compensation claim.
Our legal team will get in touch with you, investigate and present your case, and claim the compensation that you deserve. We will identify all possible means of compensation and work hard to meet all of your needs and expectations.
If you or anyone you know has suffered brain damage from a slip and fall accident, auto accident, medical malpractice, or any other incident, we are here to help you.
Pursuing compensation with an experienced Traumatic Brain Injury Fort Myers can help cover current and future expenses from an injury that need to be considered by analyzing items such as:
Physical therapy and occupational therapy
Medications, medical devices, and pain management
Impairment, scarring, or disfigurement
Personal care and assistance
Assistance to perform daily functions
Pain and suffering
The loss of enjoyment of life
Impact on the family
Impaired earning capacity
Therapy – for psychological distress, anxiety, and depression
Modifications to accommodate physical limitations
In order to claim compensation for loss due to a brain injury as a result of an accident, you need to have documented proof and ideally, an eyewitness. We can gather the right information from every possible source to analyze every part of the accident to strengthen your case and maximize your compensation
Mr. Berke is an experienced attorney based in Southwest Florida. He received his Bachelor of Science in Business Degree from Indiana University in 1982 and his Juris Doctor Degree from the University of Florida in 1985. Since 1986, he has been running his own law firm, Berke Law Firm, P.A., exclusively representing injured individuals. He is admitted to practice in various courts, including the Supreme Court of the United States. Mr. Berke specializes in workers' compensation, social security disability, defective drug/device litigation, employment law, and overtime claims. He is actively involved in professional associations and community organizations, advocating for the rights of employees and claimants.