Personal Injury FAQs

What is a traumatic brain injury?

A traumatic brain injury usually results from a violent jolt on the head that may affect the cognitive functions of your brain. In such cases, you need a brain injury lawyer that knows what to do in this type of situation and how to protect your legal rights so that you receive fair compensation from the party responsible for your accident and traumatic brain injury.

How many people suffer from TBI?

It's hard to know exactly, but almost 1.7 million Americans suffer from traumatic brain injury every year. The most alarming statistics is that more than 52,000 people die from Type 1 TBI and approximately 125,000 are affected for a lifetime by Type 2 TBI. In any of these two cases, both victims and their families should ask our brain injury lawyers to assist them in alleviating some of the trauma associated with these injuries and help them improve the quality of life.

What can cause a brain injury?

The causes of TBI include slip and fall accidents, vehicle accidents, sports injuries, violence, and combat injuries.

What are the costs associated with hiring a personal injury lawyer?

The costs are based on the specifics of your case. Each case has unique elements and different aspects to consider. Brain injury lawyers, like all other attorneys, can reach an agreement with their clients. Our first consultation is free, so we always recommend that you come in person. If you want more information, check out our contingency fees article for our current fees.

What type of legal claim can I file if I suffered a brain injury?

Your claim is based on the circumstances of your brain injury. You can file a claim if you were involved in a traffic accident or if you fell and tripped, if you were assaulted or experienced an accident at work. If you were hospitalized due to malpractice or carelessness by the hospital responsible for the brain injury, you might also have grounds to file a claim. All these are situations that allow legal representation and demand compensation. When in doubt, remember that our first consultation is free of charge and Gallardo Law Firm’s experienced brain injury lawyers are always at your disposal.

What are some of the benefits I can receive when an attorney represents me? Are my therapies covered? Will I receive financial compensation?

It all depends on the severity of your injury and what you may need to recover. Of course, an excellent personal injury lawyer with the right information and experience can win your case and demand fair compensation. Some of the benefits a brain injury lawyer may seek on your behalf include:

• 1- Financial compensation to cover the costs of doctor appointments, treatments, therapies, and transportation. 2- Days of work missed and compensation for all the suffering caused not only to you but your family members as well.

I had an accident several years ago. Can I still present my case?

Time is an ally that should work in our favor. Although your accident happened some time ago, it doesn’t mean your case will be dismissed immediately. Sometimes some people find out about their injuries long after the accident occurred. To avoid this type of situation, it is always recommended that you seek medical attention immediately after the accident and call your attorney before submitting any statements that may compromise your case and ability to obtain just compensation.

How do doctors diagnose someone with TBI?

Doctors can diagnose a brain injury with the following tests:

• X-rays, Tomography, MRI, Vision and hearing tests, psychological assessment, and blood test.

I suffered a brain injury while playing sports. Can I file a claim?

Sports leagues, schools, coaches must all take the necessary precautions so that athletes are not injured. Our first consultation at Gallardo Law Firm is free of charge. We will study your case and determine the best course of action, whether you can file a claim and receive compensation.

I slipped and fell while on someone's property. I hit my head and sustained severe injuries. Can I file a lawsuit?

If the evidence shows that the property owner did not handle the situation that led to your accident correctly, our brain injury lawyers in Miami can help you file your case based on the laws that may apply to your specific situation.

What constitutes boating negligence?

Boating at high speeds without safety equipment on board can be dangerous, and it also constitutes boating negligence. Other boating negligences include excess passengers or merchandise, distracted driving, colliding with another boat or object, and disrespecting maritime laws.

What type of boating accident may qualify for a legal claim?

For a boat accident to be reported in the state of Florida, it must involve the death of a person, a missing person or circumstances that suggest a possible death or injury that requires medical treatment or more than $ 2,000 in property damage. Contact a boating accident lawyer if you or a family member went through a similar situation.

What is a recreational boat?

A recreational boat can be a yacht, a sailboat, jet skis, kayaks, canoes, cabin cruisers, inflatable boats, go-fast boats, airboats, among others.

Is there an age limit for operating a boat?

Boats and watercraft represent an essential part of Florida's recreational and tourism industry, so more regulations mean more limitations for consumers. Therefore, there is no age requirement to operate a boat in Florida. Individuals over 30 are not required to have a boating license or even to pass a boat safety course. That means that many people are not licensed, which can make a boating accident even more catastrophic.

What are the most common boating accidents in Florida?

Collisions with other ships and with fixed objects, flooding, fall overboard, explosions and fires due to a fuel leak and boat sinking.

Who is responsible for a boating accident?

In general, victims or their families can sue the parties responsible for the accident, including the ship operator whose negligent actions led to the crash or who failed to provide reasonable safety, the boat owner, boat Rental Company, and other passengers who acted negligently or recklessly.

If I go on a boat and I have an accident, can I file a claim?

We need more information to give you adequate advice and to determine fault. However, in a collision between two boats, both boat operators can be blamed for the accident. Therefore, passengers injured in those two vessels may have a claim against boat operators, just like in a car accident case.

What is the most frequent maritime accident in Florida?

Collisions between two boats are the most typical accidents in Florida. Statistics have shown that most accidents occur between a recreational cruise and a fishing boat, as boat operators tend to be distracted.

In an accident between a speedboat and a sailboat, which party is more likely to be responsible for the crash?

It is difficult to answer this question since it all depends on the circumstances that led to the accident. Nevertheless, in a collision between a sailboat and a boat, it is more probable that the speedboat is more at fault than the sailboat because the rules of navigation require that the speedboats remain out of the reach of sailboats. If you have any other questions, do not hesitate to contact us today. Our Miami boating attorneys are at your disposal.

How much time do I have to file a personal injury claim against a cruise line?

The deadlines or “statute of limitations” can vary in each state. If you wish to file a claim against a cruise line after being injured, your ticket generally includes some specific information about it. The statute of limitations for filing a claim in Florida, after an injury caused by negligence, is four years. For more information, contact a Gallardo Law Firm boating accident attorney, and we will provide you with more details.

What occupations are at risk of exposure?

Workers in these occupations can suffer serious health issues:

• Welders, Plumbers, Carpenters, Railroad workers, Painters, Construction workers, Insulators, Factory workers, Electricians, And many more.

What are the common chemicals that cause health problems?

Harmful chemicals can be found in any environment but they are most commonly found in industrial settings, and they may include:

• Paints, Cleaning solvents, Dyes, Fuels and gasoline, Lubricants

Can I file a personal injury claim?

An injury on the job is not a personal injury claim but rather a workers’ compensation claim. However, when the injury was the fault of someone other than the employer, you may have a case against the individual or business responsible for the injury. This is called a “third party” case, which our Miami personal injury lawyers are fully equipped to handle.

What happens when a worker dies as a result of exposure to toxic fumes?

In such cases, the family can pursue a wrongful death lawsuit to compensate the family beyond the workers’ compensation death benefits they are entitled to receive.

What happens when the injury prevents you from working?

If the injury has prevented you from handling your responsibilities at work permanently, you may be able to pursue permanent disability benefits.

How soon must I bring my toxic exposure case in Florida?

In Florida, your employer must file a notice of your claim with workers’ comp insurance seven days after they become aware of your injury. After this initial step, you will need to provide the insurance company with more information as requested.

How difficult will it be to prove that a harmful toxin caused my injury?

It can be difficult to prove it on your own especially if the injury or disease has progressed slowly. You must prove that the toxin was a substantial factor in caused the injury, and you may need additional evidence gathered from the testimony of experts such as medical doctors, chemists, toxicologists, and so on.

What to do if toxins are present at work?

According to the Centers for Disease Control and Prevention, there are several things you can do to reduce toxin exposure at work:

• Substitution – Replacing materials, equipment, and existing practices for less hazardous substances or methods can minimize exposure and the risk of injury /
• Isolation – A barrier can be placed between the hazard and the individual /
• Ventilation – The hazardous airborne substance can be removed mixed with uncontaminated air /
• Administrative control – Preventive programs, adjusted work schedules, and other practices can be implemented to reduce substance exposure /
• Protective equipment – It can help reduce exposure to toxic substances.

What work activities can cause sprains and strains?

These injuries can be caused by repetitive workplace activities, work tasks that require excessive force, awkward postures, and environmental factors such as slip and fall hazards.

How to tell if you have a sprain and strain?

Keep in mind that a sprain is when the ligaments are overstretched and a strain is the tearing or overstretching of muscle and tendon. Symptoms of a sprain include inflammation, muscle pain, hampered movement, bruising and tenderness. Symptoms of a strain include weakness, cramping pain, bruising, immobility, and swelling.