Essential Elements of a Brain Injury Claim

If you have suffered a brain injury following an accident, you may be entitled to compensation for your injuries and related financial losses. Traumatic brain injuries are associated with nearly one-third of all injury fatalities. These injuries can occur at your home, car, workplace, and public places including office buildings, retail stores, school, and more. Also, brain injury may result from a medical mistake, act of violence, or a defective product.

The statutes and tort laws in Florida establish the essential elements of a brain injury claim. To win the case at trial, you (the victim) must prove each of these elements by a preponderance of the acceptable evidence. This is the main reason you should always work with a professional brain injury attorney in Miami, FL to increase the chances of winning damages at trial.

Establishing liability

The offender’s liability is based in various theories in which a duty of the professional or corporation exists.

Premises liability

According to the law, every commercial property owner has a duty to inspect his or her premises, repair all defects, and warn everyone who is entering their premises of any possible dangers. The law holds property owners liable for brain injuries sustained as a result of poor conditions.

Products liability

Manufacturers have a duty to design defect-free products and offer every consumer warnings and clear instructions to use the products safely. If you sustain brain injury while using the product as instructed, you can hold the product manufacturer liable for your damages.

Medical malpractice

Nurses, doctors, surgeons, and all other medical practitioners have a duty to offer their patients an acceptable standard of care acceptable to any similarly situated professional. The healthcare service provider may be held liable may be held liable for omissions or acts that deviated from the expected level of care

According to the no-fault auto insurance law, your insurance service provider should pay your medical bills after a vehicle accident. Therefore, you are entitled to compensation without proving the liability of the other driver. The law also allows you to choose to sue or not to sue the negligent driver for extra damages that are not covered by your insurance coverage.


This refers to the relationship between an individual’s actions or a corporation and your brain injuries. The defendant is only held liable for the injuries or damages it caused. Keep in mind that the party at fault will only be held liable for the percentage of his or her liability in accordance with Florida’s comparative negligence doctrine.


This refers to the losses a brain injury victim suffers as a result of the accident. The economic damages are the actual financial losses such as medical bills, other expenses related to brain injury, and loss of wages. Additionally, diminished earning capacity and future medical bills are financial damages. Noneconomic damages include the human damages associated with disability, pain, loss of consortium, suffering, and other related damages.

Proving each of these elements requires comprehensive evidence and outstanding experience with similar trials. Consider hiring an experienced attorney to increase your chances of getting a fair compensation.

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