Are you or a loved one showing signs of traumatic brain injury? After visiting your doctor, you should also consult an expert brain injury lawyer.
Statistics on brain injury in the U.S. are sobering.
The (PDF) CDC estimates that 1.7 million people sustain a TBI annually, resulting in 52,000 fatalities, 275,000 hospitalizations, and 1.365 million (nearly 80%) emergency department visits. A majority of these injuries, some of which are caused by another person’s negligence, are both physically and financially detrimental to the individuals and families involved.
To prevail in a brain injury lawsuit in Florida, the victim must prove that their injury was caused by another’s negligence. The four essential elements of a negligence claim include establishing a duty of care, a breach of that duty, causation (that the negligence directly resulted in the plaintiff’s injury) and damages (that the plaintiff suffered either economic or non-economic harm).
Lorenzo & Lorenzo knows what it takes to be successful in your Florida brain injury case.
Contact us today for a free personal injury case evaluation.
What is Traumatic Brain Injury?
Traumatic brain injury (TBI), as defined by the National Institutes of Health, is “a form of acquired brain injury [that] occurs when a sudden trauma causes damage to the brain. TBI can result when the head suddenly and violently hits an object, or when an object pierces the skull and enters brain tissue.”
Common Causes of Brain Injury
In the U.S., brain injuries are mostly commonly caused by slip and fall accidents (35%) and auto accidents (17%). Other causes of traumatic brain injury can include falling objects (in places of business or construction sites), assault, severe whiplash, sports activities, swimming pool accidents, among others.
Signs of Traumatic Brain Injury
Anyone with symptoms of moderate to severe TBI should see a doctor immediately, as trauma to the brain can have severe long-term effects, including loss of consciousness, behavioral changes, mental health problems and even death.
Short-term signs of brain injury can include:
- Chronic Headaches
- Nausea or vomiting
- Numbness
- Confusion or loss of consciousness
- Depression and mood swings
- Trouble sleeping or changes in sleep patterns
- Irritability
- Dizziness or loss of vision
- Emotional and behavioral problems
- Sudden seizures
- Difficulty speaking
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Common types of traumatic brain injuries and your rights
There are a few common types of brain injuries that typically result from car accidents, slip and fall accidents, and other personal injury incidents. They include:
- Concussion. This is a mild traumatic brain injury (TBI) caused by a blow or jolt to the head, leading to symptoms like dizziness, headaches, and memory problems.
- Contusion. This is a bruise on the brain tissue resulting from direct impact, which can cause swelling and may require surgery in severe cases.
- Diffuse axonal injury (DAI). This is a severe injury where rapid head movement tears nerve fibers in the brain, often leading to coma or significant impairment.
- Brain bleeds and hematomas. Internal bleeding in the brain or the formation of blood clots (hematomas) can increase pressure on the brain, requiring immediate medical intervention to prevent long-term damage.
- Penetrating injuries. These occur when an object pierces the skull and damages brain tissue, often requiring emergency surgery.
If you experience a serious traumatic brain injury after an accident caused by someone else’s negligence in Florida, you have the right to pursue compensation through a personal injury lawsuit. For a successful claim, you’ll need to show that the at-fault party owed you a duty of care and breached that duty through actions such as driving while distracted or failing to maintain a property. You’ll also need to prove that their breach directly led to your injuries.
Because the stakes are so high with TBIs, it’s critical to elicit the help of a local Tampa brain injury attorney to build a strong case on your behalf and protect your rights.
What Compensation Are You Eligible For?
Whatever the cause of a traumatic brain injury, there are innumerable ways such a long-lasting injury can impact your life. From the moment of the accident, people suffering from TBI are set down of path of extensive and costly medical treatment that might last the rest of their lives. A skilled brain injury attorney can help properly calculate the short- and long-term damages associated with such a tragic accident, such as:
- Medical Treatment – for any bills associated with the treatment of your brain injury, including initial emergency care, future medical costs, medication, doctors’ checkups, rehabilitation, physical or speech therapy, life-support care, and assistive equipment.
- Pain & Suffering – for any temporary or lasting physical or emotional pain caused by such things as brain damage or amnesia.
- Loss of Enjoyment of Life – for the inability to participate in the activities that you once enjoyed – such as playing with your children, physical exercise or driving – due to the lasting effects of your brain injury.
- Lost Wages – for any lost wages or missed time at work while you received treatment for your brain injury (now or in the future), as well as time spent working on your case.
- Wrongful Death – for the surviving family of a victim of a fatal traumatic brain injury; wrongful death compensation can be used to cover funeral expenses, lost wages, pain and suffering, loss of companionship and other damages.
Complexity of Chronic Brain Injury Cases
It’s a sad reality that the complexity of traumatic brain injuries makes it difficult to prove that a doctor, driver, business, employer or other defendant acted negligently. Identifying the party or parties responsible for the injury depends on the individual circumstances of your case and takes an expert personal injury attorney specializing in these types of cases.
Oftentimes, expert witnesses must be called upon to testify that the brain injury had a negative effect on the plaintiff. These and other factors mean that you need the help of a knowledgeable personal injury attorney with experience representing clients with traumatic brain injuries.
The brain injury lawyers at Lorenzo & Lorenzo, serving all of Tampa, Clearwater and St. Petersburg, Florida, have successfully represented clients in all types of personal injury and accident cases – including traumatic brain injury.
Our family is committed to fighting for you, your case, and getting you the just compensation you deserve.
If you or a loved one are experiencing the effects of a brain injury caused by a crash, slip and fall accident, or some other negligent act, call our 24-hour helpline at (813) 998-9529 to speak with a legal expert.
