A Brain Injury Personal Injury Lawyer Delray Beach, FL Trusts
Eric H. Luckman of the Law Office of Eric H. Luckman, P.A. is a trusted personal injury attorney in Delray who can help you recover damages from a brain injury. When someone suffers an egregious injury due to someone else’s negligence, they deserve compensation. Eric H. Luckman is well versed in this type of case and may be able to recover the maximum possible amount of compensation for you. If you are a victim of a brain injury you may be asking yourself several questions and wondering what to do next. What follows are answers to common questions we receive, but feel free to contact our office to request a free consultation about your legal options following a brain injury.
What causes brain injuries?
There are several common causes of brain injuries. Eric H. Luckman of the Law Office of Eric H. Luckman, P.A. can help clients who have experienced a wide range of brain injuries due to no fault of their own. An experienced personal injury lawyer in Delray Beach, FL such as he can help victims recover compensation from the person responsible.
For the most part, brain injuries can be divided into two main categories: head injuries due to blows or head injuries due to shaking. Typically, head injuries due to shaking is mostly common in small children and infants. However, it can occur if a person experiences violent shaking such as can happen in accidents. Head injuries due to blows are typically caused by:
- Car accidents
- Physical assault
- Sports related accidents
What are the most common forms of brain injuries?
Brain injuries can range in their severity. You may have suffered a mild concussion playing football, or you may be in need of long term care due to a brain injury sustained in a car accident. A personal injury attorney in Delray such as Eric H. Luckman, P.A. may be able to help you determine the next step to take. Common brain injuries include:
- Hemorrhage: This is uncontrolled bleeding within the brain. Either there is bleeding in the space around the brain or bleeding within the brain tissue. This will oftentimes cause severe headaches and/or vomiting.
- Concussion: This occurs when the brain has bounced against the hard walls of your skull. It often happens after falling and hitting the head, being in a car accident, whiplash, or a hit to the head.
- Edema: This can be caused by any brain injury because it is swelling in the brain. The skull cannot stretch to accomodate the swelling which could result in a buildup of pressure in the brain.
- Skull Fracture: If this occurs the brain will most likely sustain severe damage. The skull does not have bone marrow, making it very strong and difficult to break. However, if the brain does fracture it is unable to absorb the impact of a hard hit.
- Diffuse Axonal Injury: This type of injury does not cause bleeding within the brain but does cause damage to your brain cells. This type of injury can lead to permanent brain damage.
Why should I contact a personal injury lawyer in Delray Beach FL?
If you or a loved one was the victim of an avoidable brain injury, you may be eligible to receive compensation to help cover:
- Medical bills
- Lost wages
- Loss of future earnings
- Cost of future care
Personal Injury Law Common Terms Explained
Florida personal injury lawsuits can get very technical and many of the terms you will hear or read while commonly used in the courtroom may be unfamiliar to you. Here are a few terms while discussing your case with your personal injury lawyer in Delray Beach, FL.
The lawsuit begins by filing a complaint to the court. A complaint is a formal notice of who and why you are filing a personal injury case
If you are the one filing the lawsuit, you are the plaintiff. Your Delray Beach, FL personal injury lawyer will write the Complaint on your behalf.
The person or company that you are filing the personal injury claim against, or the party you feel is responsible for your injuries.
The formal response to the complaint of the plaintiff is called the answer. The answer will show how the defendant plans to respond to the plaintiff’s accusations.
Proof that the defendant’s negligence resulted in your injury is critical in winning a personal injury lawsuit. There are four items the plaintiff has to present to prove that the defendant was negligent.
- The defendant is obligated or duty-bound to the plaintiff (to keep their business or home free from hazards)
- The defendant did not conform to that duty
- The violation of that duty was the cause of the injury to the defendant
- Because of the injury, there are damages, whether it be monetary, emotional, etc.
A personal injury lawyer from The Law Office of Eric H. Luckman, P.A. in Delray Beach, FL can help you understand that torts are not crimes, they are wrongful acts. The cause of a personal injury lawsuit is likely a tort. Other torts include wrongful death, slander, libel, trespassing, and negligence. A personal injury case is a tort because the injuries were likely not purposefully inflicted.
If the wrongful act was purposely committed, it is called an intentional tort. A tort is not a crime, however, an intentional tort would be considered a crime. A tort provides the basis for seeking damages in a civil lawsuit. States bring criminal lawsuits to court in order to convict offenders. You cannot collect damages in a criminal trial. That is done in a civil trial, with the help of a personal injury lawyer for Delray Beach, FL.
Damages are the term that is used by a plaintiff to describe the monetary amounts sought to obtain in a lawsuit. There are economic damages and damages that cannot be specifically quantified. Examples of each are listed below:
- Lost wages
- Medical expenses
- Expenses incurred if any property damage
- Long-term disability
If the court finds that you were in some way partially responsible for the accident, you may only be awarded partial damages. If a state uses the law of comparative negligence, your damages will be reduced by the percentage the court feels it was your fault. Know the laws in your state. In some states, if you are found to be at all negligent, you may not receive any damages at all.
Statute of Limitations
This is the amount of time that you legally have to file a personal injury claim. A personal injury lawyer in Delray Beach, FL will be sure to know the statute of limitations laws in Florida; most are two to three years, depending upon the circumstances of the case. Malpractice cases are exempt from the statute of limitations laws
Contact us Today
If you sustained a brain injury it may be in your best interest to speak with an experienced personal injury lawyer Delray Beach, FL victims turn to from the Law Office of Eric H. Luckman, P.A. Our legal team may be able to help you achieve fair compensation from the responsible party. Though we cannot erase what happened to you, we can help make the future a little bit easier by fighting for your rights to receive medical coverage and financial help. For a free consultation, call us today.