Time Limits Exist for Lawsuits Involving Traumatic Brain Injury

December 7th, 2015

Few injuries have the potential to be more severe than a Traumatic Brain Injury. The Center for Neuro Skills estimates the lifetime cost of a severe brain injury at more than $3 million. Insurance companies understand the risks. And they are experienced in moving as quickly as possible to limit their liability and exposure in such cases. Consequently, it is not at all unusual for a representative to quickly produce a check – sometimes even bringing it to the hospital.

Time ClockEven if they tell you they are prepared to pay out the policy limits – the maximum compensation available – please do not accept any payments, sign any documents or make any statements to insurance companies until you have met with an experienced Florida brain injury lawyer who has the knowledge and experience to help protect your rights. A quick settlement is rarely a good idea. For starters, it may be impossible to determine the extent of your injuries.

About 75 percent of the 1.7 million traumatic brain injuries each year involve concussions or other mild forms of TBI, according to the Centers for Disease Control and Prevention. Appropriate diagnosis is critical to providing proper care — many times the extent of a patient’s injuries, and his long-term prognosis, may not be known until months after the accident.

However, it is equally as important to seek the qualified legal advice of an experienced Florida traumatic brain injury lawyer as early as possible after a serious head injury. While rushing a settlement can have unintended legal consequences, so can failure to file a timely claim.  Florida law places time restrictions on a victim’s ability to file a medical malpractice or personal injury claim, usually 2 to 4 years depending on the circumstances. In many cases, a law firm will want to thoroughly review the facts and circumstances surrounding your case, and will likely hire or consult with independent investigators and medical and legal professionals who have the knowledge and experience to handle complex litigation involving brain injuries.

Giving these professionals plenty of time to work before a case is filed can also be critical. And the best time to investigate a case is usually as soon after an injury as possible. Few things in law or in life are as certain as the average person’s inability to deal with a serious head injury without professional help. Unreasonable delay can be as harmful as a fast settlement.

Do you and your family a favor and consult with an experienced law firm. Let the professional fight for your rights and the financial well-being of you and your family following a traumatic brain injury.

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