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Your Rights as a Traumatic Brain Injury Survivor in Florida

BrainInjury1

A traumatic brain injury (TBI) occurs when you suffer a blow or jolt to the head. A TBI can also occur if an object goes through the brain tissue. You can suffer a traumatic brain injury in many ways, including auto, motorcycle, workplace, sports, and slip and fall accidents. A traumatic brain injury can be life-changing. This type of injury can impact your ability to work, perform daily tasks, and enjoy the things you used to enjoy before your accident. A TBI can affect coordination, your ability to speak clearly, balance, memory, attention span, stamina, and your ability to control emotions. However, while a traumatic brain injury can be devastating, it can be comforting to know that traumatic brain injury survivors in Florida have legal rights aimed at protecting them. Below, we discuss some of the vital rights people suffering from traumatic brain injuries have.

#1: The Right to File a Claim for Damages

If you suffered your traumatic brain injury because of another party’s negligence, you have the right to file a personal injury claim against the negligent party and recover compensation for your injury and damages. The following are some of the damages you can recover after filing a traumatic brain injury claim;

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Emotional distress
  • Loss of future earnings

Depending on the specifics of your case, you may even be eligible to recover punitive damages. In Florida, the law allows punitive damages to be awarded if a personal injury claimant can prove that the defendant is guilty of gross negligence or intentional misconduct.

However, you should know that filing a successful personal injury claim can be challenging. While you have the right to file your claim alone, it is best that you retain a qualified personal injury attorney. A skilled lawyer can help you gather the evidence you need to prove your case. An attorney can help you understand your rights and responsibilities, negotiate with the opposing party, meet legal deadlines, understand the law, and represent you in court (if necessary).

Because of the statute of limitation on Florida personal injury claims, it is best that you contact an attorney as soon as possible if you have a traumatic brain injury claim.

#2: The Right To Reasonable Accommodation

Florida and federal laws require employers to provide reasonable accommodation to employees with disabilities. A disability is generally an impairment that impacts a major life activity. Because traumatic brain injury survivors struggle with at least one major life activity, they are considered disabled under the law. If your employer refuses to provide you with reasonable accommodations, you should speak to a lawyer. A skilled attorney can help you take legal action against your employer.

#3: The Right To Be Free From Discrimination

You also have the right to be free from discrimination. An employer cannot use your medical condition as a basis for employment decisions. It is against the law for an employer to discriminate against you in any aspect of employment, including hiring, promotion, training, and pay rate.

Contact Our Orlando Personal Injury Attorneys

Our Orlando personal injury attorneys at The Pendas Law Firm can help you file your traumatic brain injury claim against the negligent party that caused your accident. Contact us today to schedule a consultation.

The Pendas Law Firm also represents clients in the Naples, Melbourne, Miami, West Palm Beach, Fort Lauderdale, Fort Myers, Ocala, Bradenton, Tampa, Jacksonville, and Daytona Beach areas.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.72.html

Read What Others Have To Say About Us

  • “I can’t express how much I appreciate this law firm. I had the honor to deal with attorney Daniel. He kept me updated on my case. I couldn’t ask for a better law firm. Daniel fought for me til the end and got me what I deserved. Thanks Daniel and your team for always being there to answer any of my questions. If I ever need a law firm again...”

    Terry Mcphillips
  • “Speedy & superb handling of clients & cases, kind & caring. Highly recommended professionals. They made everything very easy for us, were outgoing & polite. I would call them again if ever in need, rather than call the larger firms that need to advertise & brag about winnings…Pendas was a pleasant & more personal approach instead of...”

    Joseph Kestell
  • “Wow I called Pendas Law Firm the other day at their main intake line it was around 11 o’clock at night and I’ve got this wonderful representative his name was Jeffrey Alvarez. This guy was very professional and his compassion was out of this world I don’t know what I would do if I could not have got a hold of him...”

    Luis Sanchez
  • “Thank you for helping us in our time of need. This firm handled my father’s workers comp case, and helped us with every question we had, and we had a plenty. Thankful for the entire legal team!”

    Enilno Resu
  • “I just concluded a case with attorney Michael Sanchez and paralegal Camilo Lopez. I can only say they are exceptional. The customer service is unique, they have been battling alongside me since day 1. They are not only courteous and professional, but they also are amazing at their job. Thanks to them I got a great deal. I am glad I decided to use their services...”

    Israel Garcia
  • “Their attorneys are absolutely someone you want handling your car accident claim. They communicated with us promptly and thoroughly. I was very happy with our recovery. Already recommended them to others in the same circumstances, their staff speaks Spanish and you feel like in family.”

    Ian Brito
  • “Very Professional law firm. They explained to you every detail what to do according to the laws (worker’s compensation). Mr. Danilo Cruz is the best Lawyer and his team. They are very kind, friendly, responsible, I love this firm. They fight for their clients. AwesomeTeam!”

    Lau Rod