Best Brain Injury Attorneys in Cape Coral

FAQs

• What is the non-emergency contact number for the local police station in Cape Coral, Florida?

  The Cape Coral Police Department takes non-emergency calls at (239) 574-3223.

• Where can I get a copy of police reports for incidents related to my case in Cape Coral, Florida?

  The Cape Coral Police Department processes requests for records at (239) 574-0695 and is at 1100 Cultural Park Boulevard, Cape Coral, Florida, 33990.

• What are the key elements of a brain injury case filed in Cape Coral?

  A brain injury case filed in Cape Coral must arise from harm sustained because a defendant owed one a duty of care that was not met. There should be a causal link between the negligent action or inaction of the other party and the losses sustained by the victim. These losses should also be translatable in the form of economic and non-economic damages.

• What restitution is recoverable in a brain injury case filed in Cape Coral?

  For brain injury cases filed in Cape Coral, plaintiffs may obtain economic damages that compensate for the tangible losses suffered by the claimant, such as property damage, rehabilitative therapy, and medical treatments. Non-economic damages are obtainable and refer to the intangible issues a person sustains, like depression and mental health disorders that arise from cranial impacts.

• In Cape Coral, what incidents usually result in brain injuries?

  In Cape Coral, brain injuries result from physical violence involving cranial impact. Slips and falls also lead to head trauma. Vehicular accidents involving motor vehicles cause brains to get rattled. Routine medical procedures may damage neurons, like when an allergic reaction deprives the brain of oxygen and causes nerve death.

• If a brain injury in Cape Coral happened in 2021 because of a botched spinal surgery, can the plaintiff still file suit in 2025?

  Generally, a brain injury case in Cape Coral that has a medical malpractice component has to be filed two years after the incident occurred. One does not follow the ordinary four-year deadline set in regular personal injury matters because the law sets stricter timelines for healthcare torts. Thus, the claimant has to go to court by 2023 at the latest, not 2025.

• In Cape Coral, can a brain injury case defendant posit the defense that the plaintiff was partially negligent when the incident occurred?

  Yes, in Cape Coral, the defendant in a brain injury case can posit the defense of comparative negligence against a plaintiff. This will not prevent the claimant from recovering damages, but it will reduce the amount awarded by the court. Florida is a pure comparative negligence state, so even a plaintiff that is 51% or more at fault can recover adjusted damages.