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 InjuriesAs 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 InjuriesA Closed TBI is not typically as serious as an open TBI. However, open traumatic brain injuries can still lead to devastating consequences. 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 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 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.

Brain Injury Lawyers at Schrier Law Group

Brain injuries can be devastating and life-altering events. At Schrier Law Group, we specialize in supporting individuals and families who have faced such traumatic experiences in Florida. Brain injuries can arise from various incidents, including vehicular accidents, falls, sports activities, and workplace accidents, each bringing its own legal complexities.

In Florida, where laws can significantly affect the outcomes of personal injury cases, it is crucial to have knowledgeable and experienced attorneys who can navigate these complexities.

Why Choose Schrier Law Group?

Schrier Law Group stands out in Florida for our team-based approach to brain injury cases. Our attorneys, skilled in Florida’s personal injury laws, bring diverse expertise, ensuring robust and tailored legal strategies.

Our firm is known for thorough case preparation, strong advocacy, and achieving significant settlements and verdicts. Recognized for our ethical standards and collaborative environment, we ensure each client benefits from our collective expertise, providing personalized and comprehensive legal support throughout their case.

Choose Schrier Law Group for dedicated, team-oriented representation in your brain injury claim.

Understanding Brain Injuries

Brain injuries are complex conditions with varying degrees of severity and implications for the affected individual’s life.

Traumatic Brain Injury (TBI)

An external force, such as a blow or jolt to the head, causes this type of injury. It can range from mild to severe and includes:

Concussions: The most common type of TBI, often resulting from sports injuries, car accidents, or falls. Symptoms can include headaches, confusion, and temporary loss of consciousness.
Contusions: These are bruises on the brain caused by a direct impact, which can lead to swelling and pressure within the skull. They often require medical evaluation to manage the risk of serious complications.
Penetrating Injuries: Occurring when an object breaks through the skull and enters the brain tissue. These injuries are severe and life-threatening, often requiring immediate surgical intervention to remove foreign objects and repair damaged tissue.
Diffuse Axonal Injury (DAI): This injury involves tearing the brain’s long connecting nerve fibers (axons), which happens when the brain is injured as it shifts and rotates inside the bony skull.

Acquired Brain Injury

These injuries are caused by factors that do not involve external mechanical force but rather internal conditions that affect brain functions, such as:

Anoxic Brain Injury: Total lack of oxygen to the brain, which can cause cells to die—an often irreversible effect that can result from heart attacks or respiratory failure.
Hypoxic Brain Injury: Partial reduction of oxygen supply to the brain, which can lead to significant cognitive and physical impairments.
Infectious Diseases and Toxins: Diseases like meningitis or encephalitis and exposure to harmful substances can lead to inflammation or direct damage to brain cells.

Common Causes of Brain Injuries

Vehicular Accidents: Florida experiences a high volume of traffic, especially during tourist season, which results in a significant number of traffic-related brain injuries. These include accidents involving cars, motorcycles, and, increasingly, bicycles and pedestrians.
Workplace Accidents: Florida is the home of many major industries, including construction, agriculture, and shipping. Workers in these fields are at risk of brain injuries from falls, being struck by objects, or accidents involving machinery.
Recreational Activities: Given Florida’s extensive coastline, aquatic activities are common but come with risks. Diving into shallow water, jet ski accidents, and boating collisions can lead to serious brain injuries.

Long-term Effects and Challenges

The impact of brain injuries can permeate all aspects of a victim’s life, necessitating long-term, sometimes lifelong, adjustments:

Cognitive Impairments: These may include memory, attention, or problem-solving difficulties. Such impairments can disrupt personal relationships and professional careers and require cognitive rehabilitation therapies.
Physical Limitations: Symptoms can range from severe headaches, vertigo, and seizures to more profound disabilities such as paralysis or loss of fine motor skills. Ongoing physical therapy and sometimes surgeries may be essential.
Emotional and Behavioral Changes: Many victims experience significant changes in their personality, emotional responses, and overall psychological health. This can lead to depression, anxiety, and even social withdrawal, impacting family relationships and social interactions.
Social Impact: The invisible nature of some brain injury symptoms can lead to misunderstandings and strains in social relationships. Victims often face challenges in community integration and may require support from professional counselors or support groups.

Florida Laws Governing Brain Injury Claims

It’s important to understand how Florida’s laws can impact the compensation you might receive and the time frame you need to act. Legal guidance from experienced attorneys like those at Schrier Law Group can help ensure that you take the right steps to secure the compensation and support you need for recovery.

Florida Statutes § 768.19-768.28 (Wrongful Death Act)

This set of laws is particularly relevant in cases where a brain injury results in death. According to these statutes, if a person’s death is caused by a wrongful act, negligence, default, or breach of contract or warranty, and the event would have entitled the person to file an action and recover damages if death had not ensued, the person or entity responsible can be held liable in a wrongful death lawsuit.

This is crucial for families seeking justice for a deceased loved one who suffered a fatal brain injury due to another’s negligence.

Florida’s No-Fault Insurance Law

Florida’s no-fault insurance system requires that every motorist carry a minimum amount of Personal Injury Protection (PIP) insurance. This coverage is intended to pay medical bills and lost wages regardless of who was at fault in an accident. For brain injuries arising from car accidents, PIP can provide immediate financial relief for medical expenses up to the policy’s limit, typically $10,000.

However, if the injuries are severe and involve significant long-term costs, victims may step outside the no-fault system to pursue additional compensation through a lawsuit against the at-fault driver.

Statute of Limitations for Brain Injury Lawsuits in Florida

For personal injury claims in Florida, including those involving brain injuries, the statute of limitations is generally four years from the date of the injury. This means that a lawsuit must be filed within this timeframe.

However, some exceptions can extend this period. For example, the time limit may be extended if the victim is a minor or the injury was not discovered immediately.

How Schrier Law Group Can Help Your Case in Florida

At Schrier Law Group, we provide comprehensive legal services tailored to the needs of brain injury victims in Florida, focusing on the following key areas:

Case Evaluation: We conduct detailed assessments of each case under relevant Florida statutes to determine the best legal strategy and the viability of claims.
Evidence Collection: Our team rigorously gathers and prepares evidence, including medical records, witness statements, and expert testimonies, ensuring compliance with Florida legal standards.
Court Representation: If settlement negotiations fail, we are prepared to litigate in Florida courts, handling all aspects from filing lawsuits to courtroom representation.
Negotiations with Insurance Companies: We skillfully negotiate with insurers to maximize compensation for medical expenses, lost wages, and other damages, ensuring our clients receive what they are rightfully owed.
Ongoing Support: Our attorneys provide continuous legal consultation and support, keeping clients informed and supported throughout the legal process.

We aim to alleviate our clients’ legal burdens, enabling them to focus on recovery while we handle the complexities of their legal claims.

Your Rights and Compensation for Brain Injuries in Florida

In Florida, individuals who suffer brain injuries due to someone else’s negligence have specific legal rights protected under state law. These rights include the ability to seek compensation for damages, the right to a fair trial, and the right to be represented by an attorney. Florida laws are designed to ensure that victims can pursue justice and receive support for the impacts of their injuries.

Types of Compensation Available Under Florida Law

Victims of brain injuries in Florida may be entitled to various types of compensation, depending on the circumstances of their case:

Medical Expenses: Compensation can cover both past and future medical costs related to the brain injury, including hospital stays, surgeries, medications, rehabilitation, and any ongoing medical care.
Lost Wages and Earning Capacity: If the injury affects the victim’s ability to work, compensation for lost wages and future loss of earning capacity can be claimed.
Pain and Suffering: This includes compensation for physical pain and emotional distress caused by the injury.
Punitive Damages: In cases where the defendant’s behavior is found to be particularly reckless or intentional, punitive damages may be awarded to punish the wrongdoer and deter similar conduct in the future.

Damages Caps in Florida

It’s important to note that Florida has specific laws regarding caps on damages, which can affect the amount of compensation received:

Non-economic Damages: Florida law caps non-economic damages (such as pain and suffering) in medical malpractice cases at varying levels depending on the specifics of the case and the entities involved. However, the Florida Supreme Court has ruled caps on non-economic damages in personal injury cases as unconstitutional in several instances, so these limits may not apply in all brain injury cases.
Punitive Damages: Florida also limits punitive damages to three times the amount of compensatory damages or $500,000, whichever is greater, though exceptions exist depending on the circumstances.

Contact Schrier Law Group Today If You Have Suffered a Brain Injury

We offer a free, no-obligation consultation to discuss your case. This is an opportunity for you to understand your legal rights and options and how we can help you receive the compensation you deserve. Our expert team is prepared to address all legal concerns, ensuring you are informed immediately.

Remember, taking action promptly is crucial in brain injury cases due to the statutes of limitations in Florida law.

Remember, taking action promptly is crucial in brain injury cases due to the statute of limitations in Florida law

At Schrier Law Group, we are committed to fighting for the rights of brain injury victims. Contact us today to learn how we can help you move forward from this life-altering event.