Your Rights as a Traumatic Brain Injury Survivor in Florida
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
