Brain Injury / Traumatic Brain Injury / Head Injury in Jacksonville
Jacksonville brain injury lawyer Brett Hastings warns not to hesitate in obtaining a qualified and highly experienced attorney if you’ve suffered a brain injury. Proving liability in a brain injury lawsuit is tricky business because the full extent of the injuries and the impact they have are not readily apparent. Without a good lawyer with access to experts who can demonstrate and testify to your injuries, it will be difficult to convince a jury or judge of the full extent of your damages. Mr. Hastings and his team have extensive experience in handling difficult medical injury cases like brain injury.
If you or a loved one has suffered a brain injury as a result of an accident, assault or incident caused by someone else or by their negligence, Florida law allows you to pursue compensation for your damages from the party at fault in a court of law. You can recover medical expenses, loss of income, compensation for pain and suffering, and other damages related to your injuries. You can find more information about liability and injuries related to brain injuries here: Additional Practice Areas of Jacksonville brain injury lawyer Brett Hastings, including Head Injuries, Spinal Cord Injuries, Back Injuries, and Neck Injuries.
Brain Injury Impact is Far-Reaching, Jacksonville Brain Injury Lawyer Explains
When someone experiences a brain injury, every one in the victim’s family is impacted. This is especially true if the victim is the primary income-earner for the family and he or she is no longer able to work and earn an income. Even if this is not the case, the injured person has to have medical care and probably special care at home that changes everyone’s priorities and responsibilities, including financial priorities. Sometimes brain injury victims experience a change in personality that family members have to learn to cope with.
All of these changes and new financial burdens are stressful on the whole family. Sometimes family members and victims become so stressed that they display symptoms of post-traumatic stress disorder. If the incident leading to the brain injury was caused by someone else or was caused through someone’s negligence, the victim and their family have a right to be compensated for the financial, physical and psychological damages that are suffered.
According to the Center for Disease Control, the leading causes of traumatic brain injury are falls (28%), motor vehicle-traffic crashes (20%), events in which the victim struck or was struck by something (19%), and assaults (11%). All of these types of incident have someone at fault, either through a willful act, such as an attack or goofing around, or through negligence, such as leaving a dangerous obstacle someplace to be tripped over. That means that 78% of all traumatic brain injury-causing events have the potential to be a liability or brain injury lawsuit in which the victim and their family can receive compensation for damages.
Challenges of Proving Jacksonville Brain Injury by a Lawyer
Brain injuries can be particularly challenging to prove in court because the damage is not visually obvious, unlike paralysis from a spinal cord injury, which is easy to see. Severe brain injury may result in visual effects such as paralysis or mental handicap, but usually the victim seems healthy and normal to the average observer even though the injury has caused long-term or permanent disability that prevents them from working or living life as they did before.
However, a Jacksonville brain injury lawyer with experience in complex medical cases, like Brett Hastings, knows what kind of evidence and testimony to present in court in order to prove that brain injury has occurred and that damages are extensive. Mr. Hastings will put his team of investigators, medical consultants and other professionals to work for you and make sure you get the best care possible and get the compensation you need to pay for it.
Discuss your brain injury lawsuit with a Leading Jacksonville Brain Injury Lawyer Absolutely Free
If you would like to talk to a Jacksonville brain injury lawyer about your brain injury lawsuit, Mr. Hastings is happy to talk with you for free. Learn what your rights are and what to expect in the way of a settlement. You can arrange for a consultation with Jacksonville brain injury lawyer Brett Hastings on our Free Consults page.
Or Call Jacksonville brain injury lawyer Brett Hastings today at 904-247-4400.
Frequently Asked Questions
What counts as a traumatic brain injury?
A traumatic brain injury, or TBI, happens when a sudden blow, jolt, or penetrating force disrupts how the brain works. It can range from a mild concussion to severe, life-altering damage. Symptoms are not always immediate and may include headaches, memory loss, mood changes, dizziness, or trouble concentrating. Because a TBI can look minor at first yet cause lasting harm, it is important to get medical attention and document your symptoms early.
How long do I have to file a brain injury claim in Florida?
For most Florida injury cases caused by negligence, the deadline to file a lawsuit is two years from the date of the injury. Florida shortened this window from four years to two under House Bill 837, effective March 24, 2023. Different deadlines can apply to wrongful death or medical malpractice claims. Because evidence fades and deadlines are strict, it is wise to speak with an attorney as soon as possible. Every case depends on its own facts.
Why are traumatic brain injury cases so hard to value?
TBI cases are complex because the full impact often unfolds over months or years. Beyond immediate medical bills, a serious brain injury may require ongoing therapy, in-home care, lost earning capacity, and a life-care plan projecting decades of future costs. Cognitive and emotional changes are real but harder to quantify than a broken bone. A careful valuation usually draws on medical, vocational, and economic experts, and outcomes always depend on the specific facts.
What long-term costs can a brain injury involve?
A severe TBI can carry lifelong costs: rehabilitation, neurological care, medications, assistive devices, home modifications, and attendant or nursing care. Many survivors cannot return to the same work, so lost wages and reduced earning capacity matter too. Attorneys often work with life-care planners and economists to map out these future needs so a settlement or verdict reflects the true, long-term picture rather than only today’s bills.
What if the brain injury happened in a car accident?
Florida is a no-fault state, so your own Personal Injury Protection coverage, at least $10,000, pays initial medical bills regardless of who caused the crash. To pursue the at-fault driver for pain and suffering, the injury generally must meet Florida’s serious-injury threshold, which a significant brain injury can satisfy. We can review the crash, your coverage, and your medical records to explain which avenues of recovery may apply.
What if I was partly at fault for the accident?
Florida follows a modified comparative negligence rule. You can still recover damages if you were partly to blame, but your award is reduced by your share of fault, and under House Bill 837 a person found more than 50 percent at fault recovers nothing. Fault is often disputed in brain injury cases, so having an attorney gather evidence and tell your side can make a meaningful difference. Outcomes depend on the facts.
How much does it cost to hire a Jacksonville brain injury lawyer?
At Hastings Injury Law Firm we handle traumatic brain injury cases on a contingency fee, which means there is no fee unless we win your case. Your first consultation is free and confidential, so you can understand your options with no upfront cost or obligation. Attorney Brett Hastings brings more than 25 years of trial experience to these claims. Results always depend on the facts of each case.