Florida Brain Injury Lawyer
A head injury isn’t always just a simple head injury. In many cases, individuals involved in serious accidents suffer a traumatic brain injury (TBI). Traumatic brain injuries and head trauma can occur when an individual experiences a violent blow to the head.
It can lead to serious brain injuries that can sometimes last for a lifetime or even result in death. A TBI can happen as a result of car accidents, sporting injuries, violent attacks, negligence, and more.
If you or a loved one has suffered a TBI due to the negligence of another person, it’s in your best interest to consult experienced Florida brain injury lawyers to discuss your personal injury lawsuit options. Our attorneys at Schrier Law Group understand the consequences of brain injuries and how to pursue maximum compensation for your head trauma.
Don’t wait until it’s too late to file a personal injury lawsuit or wrongful death lawsuit for traumatic brain injuries. The statute of limitations gives victims up to four years to file a claim or lawsuit. Contact us today for your free initial consultation. Continue reading to learn more about TBIs and how a Florida brain injury lawyer can help you protect your rights and recover the maximum compensation you deserve.
What is a Traumatic Brain Injury (TBI)?
A traumatic brain injury results from an unexpected jolt or vicious blow to the head that causes the brain to temporarily or permanently malfunction. With that in mind, there are two types of TBI: Open traumatic brain injuries and closed traumatic brain injuries. Learn more about each below.
Defining Open Traumatic Brain Injuries
As the name suggests, an open traumatic brain injury can occur when the skull suffers penetration, fracturing, or breaks. Open traumatic brain injuries are often the result of a sharp object striking a person’s head (accidentally or purposefully) with enough force to crack, break, or pierce the skull.
Generally, an open TBI is more likely to cause severe brain damage up to dangerous brain swelling and other debilitating conditions.
Defining Closed Traumatic Brain Injuries
A Closed TBI is not typically as serious as an open TBI. However, open traumatic brain injuries can still lead to devastating pain and suffering. A closed traumatic brain injury occurs when someone’s head is injured, but it doesn’t cause breaks or skull penetration.
It is the result of the brain violently bouncing against the skull during a collision or impact. A closed TBI can lead to brain trauma, bleeding, dangerous bruising, and life-threatening swelling.
A few of the most common closed TBIs include:
- Concussions: Concussions can be caused by blows to the head or violent shaking of the head. Generally, concussion symptoms are mild (i.e., headaches, dizziness, loss of concentration, etc.). However, some concussions can lead to the loss of consciousness, personality changes, and other long-term effects.
- Brain Bruising: Also known as a contusion, head injuries that cause contusions injuries that require immediate surgery and a long road to recovery.
- Diffuse Axonal Brain Injuries: These types of brain injuries happen when the tissue in the brain tears due to a violent impact or shaking. Diffuse axonal injuries can interrupt normal brain functions, disrupt the chemical process in the brain, and potentially lead to the loss of life.
Symptoms and Signs of a Traumatic Brain Injury
The signs and symptoms of a TBI are not always immediately apparent. However, they can last for weeks, months, or even years when the symptoms do occur.
Generally, the signs and symptoms of a traumatic brain injury can include, but are not limited to:
- Nausea and vomiting
- Persistent headaches
- Blurred vision, tiredness, or physical fatigue
- A ringing sound in the ears
- Confusion or “brain fog”
- Short or long-term memory loss
- Losing consciousness
- Incoherent speech or delayed response to stimulus
- Loss of concentration
- Disrupted sleep patterns
- Sensitivity to lights or certain sounds
- Personality changes include irritability, mood swings, loss of interest in activities
- Other psychological symptoms include depression
It’s important to note that TBI injuries may not be easy to spot in elderly adults, children, or infants. That’s why most Florida brain injury lawyers suggest contacting a doctor for a medical examination quickly after a head injury occurs.
Seeing a medical professional after a traumatic brain injury (TBI) is critical not only for medical care but also for potential legal considerations, especially in the event of a negligent act that caused the TBI. Seeking immediate medical attention can help document the injuries sustained, which is crucial in the case of a personal injury lawsuit. This documentation can be vital in establishing the extent of pain, suffering, and economic loss, such as lost wages and medical expenses that may result from the injury.
In Florida, for instance, if the TBI was due to a car accident, slip and fall, or a pedestrian accident, the injured party may have the right to compensation. The assessment and documentation by healthcare providers can be used to demonstrate the negligence that led to the traumatic injuries. This is where Florida brain injury lawyers can offer a consultation to navigate the complexities of a brain injury lawsuit, potentially helping the injured party recover damages for the suffering and financial burden caused by the TBI.
In cases of severe TBIs that lead to catastrophic injury or even wrongful death, the family may pursue a wrongful death lawsuit in places such as West Palm Beach, Broward County, or Tallahassee. Our lawyers can advise on the rights to compensation for the loss suffered, including economic damages and compensation for pain and suffering. Such legal action can be an essential step for families dealing with the aftermath of a TBI, including children who may have suffered brain trauma.
Common Causes of Head Trauma & Brain Injuries
Recent research suggests that traumatic brain injuries lead to more than 2.5 million ER visits and nearly 300,000 hospitalizations every year. Further, the CDC posits that traumatic brain injuries are the cause of nearly 30% of all deaths caused by injuries in the U.S.
With that in mind, a few of the most common causes and risk factors for traumatic brain injuries include:
- Slip and fall
- Car accidents
- Truck accidents
- Accidents where an object strikes the victim
- Violent acts
- Pedestrian Accidents
- Injuries caused while playing sports
Falls, car accidents, and assaults are the most common causes of brain injuries and TBI-related hospitalizations. Further, certain groups of people are more likely to suffer severe injury or death from a TBI than others.
Florida Law: Brain Injury Victims Claim Statutes
Florida personal injury laws account for brain injuries, head trauma, and disability, and they offer the victim an opportunity to seek compensation for injuries caused by negligent doctors, property owners, and commercial companies.
Other than car accidents, a few of the most common causes of brain injuries that a Florida brain injury lawyer is likely to represent include, but are not limited to, premises liabilities, product liabilities, and medical malpractice. Learn more about each below.
Generally, Florida brain injury law stipulates that an individual may have a premises liability claim against a negligent landowner or the controlling entity of the property if they are injured due to unreasonably dangerous conditions while on the property.
Florida premises liability laws require brain injury victims to prove the following elements:
- The property manager or owner owed the victim a duty of care
- They breached the duty of care
- Due to their breach, the victim suffers injuries
- The victim suffered actual damages as a result
Proving a TBI resulting from a negligent property owner or manager can be especially challenging without the help of a skilled Florida brain injury lawyer.
Under Florida product liability laws (sometimes called defective products law), manufacturers, marketers, and distributors can be held liable for brain injuries caused by defective products.
According to a top Florida brain injury lawyer at Schrier Law Group, product liability cases fall under one of the following three categories:
- Design defects
- Failure to warn consumers about the dangers of their products
- Manufacturing defects
In Florida, product liability lawsuits (especially those involving traumatic brain injuries) are complex, drawn-out, and often rather messy. Contact us to learn more.
Perhaps one of the most unsettling causes of traumatic brain injuries in Florida is medical malpractice. According to Florida law, medical malpractice occurs when a patient suffers injuries due to a negligent medical provider.
Examples of medical malpractice that lead to traumatic brain injuries include but are not limited to:
- Surgery conducted on the wrong part of the body
- Missed or delayed diagnosis after medical examination
- Foreign objects left inside of a person’s skull after surgery
Individuals who wish to pursue a medical malpractice claim must prove that their medical provider breached the standard of care, that the breach caused a TBI, and that the injuries resulted in actual damages.
Damages to be Recovered by a Traumatic Brain Injury Attorney in Your Personal Injury Claim
TBI victims are often burdened with long-term injuries, medical bills, and rehabilitation. With that in mind, victims can potentially recover the following damages in Florida TBI cases:
- Past, Present, and Future Medical Costs
- Loss of wages currently and in the future
- Damaged property
- Additional economic damages (i.e., cost of transportation to medical appointments)
- Pain and suffering
- Emotional distress and loss of enjoyment
It’s essential to note that victims have up to four years to pursue a personal injury claim under the Florida statute of limitations under most circumstances. However, exceptions apply. For example, a victim typically has just two years to file a medical malpractice claim.
With that in mind, if you’ve suffered a TBI due to the negligence of another person or entity, it’s in your best interest to consult a Florida TBI lawyer as soon as possible so they can get started on your brain injury case. Continue reading to learn how Schrier Law Group can help you receive the maximum compensation you deserve for your brain injury.
Contact Proven Florida Brain Injury Attorney for a Free Case Consultation Today
The traumatic brain injury attorneys at Schrier Law Group have successfully represented Florida accident victims in highly complex and consequential cases. We take cases all over the state of Florida, including Miami, Brooksville, Palm Beach County, Tallahassee, West Palm Beach, Jacksonville, Orlando, Tampa, Boca Raton, Fort Meyers, Lake Worth, Lakeland, and more. If you have a TBI case in Florida, contact us today for a consultation.
Due to the complicated nature of traumatic brain injuries, these types of cases require a personal injury lawyer who is experienced, knowledgeable, and connected to top Florida medical experts. We are confident that our brain injury attornies can help you and your family recover damages from the person, business, or healthcare provider who is at fault. We work on a contingency basis, so our Florida traumatic brain injury lawyers don’t get paid unless you get paid.
That means that you don’t have to worry about legal fees or additional costs until we’ve successfully recovered damages on your behalf.
Contact Schrier Law Group today to schedule your no-hassle, free consultation with a proven Florida brain injury attorney.
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