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 accommodate 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
Brain Injury Recovery Considerations: The Legal Side of Things
When an accident results in a brain injury, the recovery process can be lengthy and arduous. The medical costs associated with recovery-related treatment can be significant and the stresses that these costs may place upon individuals and families can be particularly challenging to navigate. As a result, it is important to explore your legal options in the wake of an injurious accident. You may be entitled to recover compensation that will cover the costs of medical bills, lost wages, recovery treatment and pain and suffering. An experienced Delray Beach, FL personal injury lawyer will be able to assist you with exploring your options and can take a considerable amount of the legal work “off your plate” so that you can focus on your recovery.
Brain Injury Recovery Considerations
According to the U.S. Centers for Disease Control and Prevention, approximately 1.5 million Americans suffer traumatic brain injuries on an annual basis. If you or a loved one has recently sustained such an injury, you are certainly not alone. And it is important to understand that if you choose to file a legal claim related to the harm you have suffered, you are not alone either. Every day in the U.S. brain injury lawsuits are filed against drunk drivers, drowsy drivers, distracted drivers, manufacturers of defective products, landowners, school districts and a host of other entities responsible for causing others to suffer traumatic brain injuries. An experienced Delray Beach, FL personal injury lawyer can help you to determine whether filing such a claim would be in your best interests.
Even if you were partially at fault for the accident that caused your injury, you still may be able to recover damages from others who were partially at fault for what happened to you. If your claim is successful, you may be able to recover both economic and non-economic damages. Your Delray Beach, FL personal injury lawyer will be able to explore what kinds of damages you may be entitled to after learning the details of your accident and your current recovery situation.
Legal Guidance Is Available
If you or a loved one has recently suffered a brain injury as the result of an accident or another form of negligence, recklessness or intentional behavior, please consider scheduling a consultation with The Law Office of Eric H. Luckman, P.A. at your earliest possible convenience. As time passes on, your legal options may become increasingly limited. Speaking with a Delray Beach, Florida personal injury lawyer as soon as you can after an injury occurs will help you to preserve your legal options while you take time to determine the best way forward for both you and your family. Scheduling a consultation will not commit you to taking any action whatsoever. Doing so will simply help to ensure that you are able to make informed decisions about your situation moving forward. Please consider connecting with our firm today. We look forward to speaking with you.
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
What should I do if I lost a loved one to negligence?
If you have recently lost a loved one due to another person’s negligence, we, at the Law Office of Eric H. Luckman, P.A., would like to offer you our utmost condolences. We know that this might be a very difficult time for you and we believe you deserve justice. Our compassionate personal injury attorneys in Delray Beach, FL at the Law Office of Eric H. Luckman, P.A., can help you to understand whether or not you have a case.
We know that this is a difficult time for you. In addition to your grief, you may receive calls from creditors and bill collectors who, regardless of what happened, want to be paid. Following the death of a loved one, please call a wrongful death and personal injury attorney Delray Beach, FL residents trust, and one who can handle the legal process so that you can focus on healing.
What is a Wrongful Death?
A wrongful death does not refer to any death, but rather, is a legal term that applies to a situation when another person’s negligent or careless actions caused the death. The purpose of these claims is to hold the negligent party responsible for their actions, while providing some level of financial relief to the surviving family members. Damages that may be recovered include:
- Medical expenses prior to the death
- Funeral and burial expenses
- Loss of future income
- Loss of companionship
- Loss of nurturing and support
- Pain and suffering
- Punitive damages (when applicable)
Can You File a Wrongful Death Claim?
Surviving family members, including the spouse, adult children, parents, siblings, and grandparents may have the right to file a claim. Bear in mind, only one claim can be filed.
These cases can be very complicated; therefore, it is important to choose a personal injury attorney in Delray Beach, Florida with the right level of experience and knowledge. By doing so, you can feel reassured that your case will likely be more successful. If you don’t understand your legal rights and options, it is recommended that you consult a wrongful death lawyer from the Law Office of Eric H. Luckman, P.A.
Proving a Case
In legal terms, negligence refers to the failure to use the standard duty of care that a reasonable person would have implemented or used in a similar situation. A lawyer will need to prove the following in order for a wrongful death claim to be successful:
- The defendant owed the deceased a duty of care
- The defendant breached that duty
- The breach of duty was the actual cause of death
- There were economic losses as a result of the death
With the right personal injury attorney in Delray Beach, FL on your side, you can feel peace of mind in knowing he or she can demonstrate the above in a way that is compelling, honest, and diligent.
Call the Law Office of Eric H. Luckman, P.A. for a Case Review Now
If you lost a loved one to the negligent actions of another party, you deserve to be compensated for your cumulative losses. Please do not delay in getting legal advice from a qualified personal injury attorney in Delray Beach, Florida from the Law Office of Eric H. Luckman, P.A. Call us today to have your questions answered and for a complimentary case review.
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.