How Long Do You Have to File a Traumatic Brain Injury Claim After a Florida Car Accident?
According to Mayo Clinic, motor vehicle accidents are among the common events that cause traumatic brain injuries. Unfortunately, a traumatic brain injury can have devastating consequences. A traumatic brain injury can cause many complications, including speech problems, memory or concentration problems, loss of coordination, and loss of interest in favorite activities. A traumatic brain injury can result in substantial medical expenses and cause someone to lose income because of missing work. If you suffered a traumatic brain injury in a Florida car accident, filing a personal injury claim against the negligent party who caused your accident can help you secure the compensation you need to cover the losses associated with your injury, such as lost wages and medical expenses. However, you have limited time to file your traumatic brain injury claim.
How Long After a Florida Car Accident Can You File a Claim for Your Traumatic Brain Injury?
The statute of limitations for filing a traumatic brain injury claim after a Florida car accident is the same one that applies to all personal injury claims in Florida. Generally, you have two years after the date of your traumatic brain injury or the date on which you should have reasonably discovered your traumatic brain injury to file your claim.
You may wonder, “What will happen if I fail to file my traumatic brain injury claim within two years? So, what would happen? If you fail to file your traumatic brain injury claim within two years, the court will most likely dismiss your case when you file it. And while the insurance company may be willing to settle your case even if the statute of limitations on your case has expired, you can trust that you will receive an unfair offer since the insurance company knows you can’t take a personal injury case to court if the statute of limitations has expired.
Building a Brain Injury Claim Takes Time
If you suffered a traumatic brain injury claim in a Florida car accident, it is best that you contact an experienced personal injury attorney as soon as possible. There are many steps in building a traumatic brain injury claim, so the sooner you retain an attorney, the better. Your attorney must investigate your case, collect evidence, and calculate damages. All these are things that take time. After your attorney has investigated your case, collected evidence, and calculated damages, they will start negotiating with the insurance company. Negotiations can also take time.
Additionally, you can prevent evidence from getting lost, altered, or destroyed by contacting a personal injury attorney without delay. By contacting an attorney immediately, you can ensure you gather witness testimonies before memories become foggy.
Potential Damages in a Florida Traumatic Brain Injury Claim
If you can prove that another party’s negligence caused your traumatic brain injury, you can recover, among others, the following damages;
- Medical expenses (including future medical expenses)
- Lost wages
- Pain and suffering
- Mental anguish
- Lost future earnings
Depending on the specifics of your case, you may even recover punitive damages, which are damages that are awarded to punish the defendant.
Contact Us for Legal Help
Our West Palm Beach personal injury attorneys at The Pendas Law Firm can help you with your traumatic brain injury claim. Contact us today to schedule a consultation. The Pendas Law Firm also represents clients in the Orlando, Ocala, Daytona Beach, Tampa, Jacksonville, Fort Lauderdale, Fort Myers, Bradenton, Naples, Melbourne, and Miami areas.
Source:
mayoclinic.org/diseases-conditions/traumatic-brain-injury/symptoms-causes/syc-20378557#:~:text=use%20of%20data.-,Causes,-Traumatic%20brain%20injury
