Head injury can lead to concussions and traumatic brain injuries. Brain injuries can also happen even in the absence of a direct blow to the head. Brain injuries lead to a plethora of serious physical and psychological problems. These problems can last for the whole life and adversely affect the patient’s day to day living.
If brain injury is caused due to negligence of a third party, the victim has a right to approach a court of law to demand compensation from the offending party. For this, an experienced brain injury lawyer is required to build a case in the court and obtain compensation. Dolan Dobrinsky Rosenblum, LLP is a law firm offering services to anyone needing a Miami brain injury lawyer for taking legal action against a third party responsible for causing traumatic brain injury to him/her.
Types of brain injuries covered
There are many types of accidents that result in brain injury. If the accident happened due to negligence, then the guilty party can be held responsible for the injury in a court of law and forced to pay compensation for careless conduct resulting in brain injury.
The Miami brain injury lawyer of the firm is capable of expertly handling a plethora of accident types which cause brain injury. They include auto accidents, motorcycle accidents, drunk driving accidents, truck accidents, pedestrian accidents, negligent security, slip and fall accidents and premises liability cases.
What does the lawyer have to prove?
The lawyer needs to prove that the negligence of the defendant resulted in traumatic brain injury of the victim which makes him/her eligible to demand compensation. The standards of negligence and what is meant by negligent conduct varies from case to case. The lawyer must conclusively prove that the defendant either acted in a way that resulted in causing brain injury to the victim or failed to remove a source of danger which eventually caused brain injury to the victim.
Property owners can also be held responsible for an accident that happened in their premises if it can be proved that they did not properly rectify safety and maintenance issues which led to the accident. The Miami brain injury lawyer of the firm can build a strong case against malls, hotels, cruise ships, etc. in case of brain injuries caused by negligent conduct by the property owners.
The legal liability for causing a brain injury can be shared by many defendants if the brain injury was caused by negligence of multiple people. In such a case, each defendant has to pay compensation in accordance with his/her share in causing the accident. The victim can also be judged to have played a role in causing his/her own brain injuries. In such a case, the compensation amount can be reduced. Thus, the brain injury lawyer also needs to protect the interests of the client by ensuring that no blame is accrued to the client for his/her own brain injuries.
The Miami brain injury lawyer works to obtain full compensation from the defendant or insurance company. Compensation is obtained for emergency medical expenses, medication and medical equipment, hospital bills, lost wages due to inability to work, physical therapy costs and incidental economic costs. The victim is also eligible for compensation for pain, emotional distress and long term disability caused by the brain injury.