Traumatic Brain Injuries

Traumatic Brain Injury Lawyers in Jupiter, Serving All Florida Counties

A Traumatic Brain Injury (TBI) is a severe injury to the brain often caused by an external force, such as a blow or jolt to the head. This type of injury can lead to life-altering experiences for the injured individual and their family. Physical and cognitive challenges that may require significant life alterations add to the heavy financial burden and emotional impact often associated with a traumatic brain injury. Given these challenges, it’s crucial for severe head injury patients suffering from a TBI to seek the assistance of an experienced Florida traumatic brain injury attorney.

Physical difficulties associated with TBI accidents often include headaches, dizziness, and loss of motor control. Cognitive challenges, such as memory loss, difficulty focusing, or changes in thinking abilities, are also common following these accidents.

The financial implications due to brain injuries can be substantial. Medical bills, rehabilitation costs, and loss of income due to inability to work can place a significant financial strain on the injured individual and their family. TBI survivors often need to make adjustments to their way of life, which can include changes in employment, modified living arrangements, and adjustments to daily routines.

Individuals with brain injuries can experience significant emotional changes, such as mood swings, frustration, irritability, and dissatisfaction with life. These emotional changes can also extend to family members, who may feel overwhelmed and stressed by the situation. Diagnosis of a serious head injury is imperative to determine the nature and scope of damage and the corresponding implications for the health and future of the head injury patient. Head injuries that go undiagnosed and underestimated can be debilitating or deadly.

Contact us today at Britto & Herman Injury Lawyers to discuss your Florida traumatic brain injury case following a severe head injury. We can guide you through the complex legal process, helping you pursue appropriate compensation for your injuries and losses.

Causes and Types of Traumatic Brain Injury in Florida

Traumatic Brain Injury (TBI) is a serious condition that can vary greatly due to different types of accidents and physical impacts. Many types can lead to temporary or permanent impairment of brain functions.

Causes of Traumatic Brain Injury

The causes of TBI are diverse:

• Falls: Falls from heights, slips, and trips can cause brain injury, especially in older adults and young children.
• Vehicle Accidents: Motor vehicle crashes, including motorcycle and bicycle accidents, are common causes of TBI.
• Violence: Assaults, gunshot wounds, and domestic violence can lead to TBIs.
• Sports Injuries: High-impact and extreme sports can lead to TBIs, especially without appropriate safety equipment.
• Explosive Blasts and Combat Injuries: These are common causes of TBI among active-duty military personnel.

Respond quickly to a severe head injury to determine the category and scope of head trauma you may have suffered. Medical treatment may be of vital importance in potentially life-threatening cases involving a severe skull fracture, a serious brain hemorrhage, significant brain swelling, or a host of other serious head injuries that are possible following a significant blow to the head.

In any such cases, involve a medical professional experienced in evaluating a head injury specifically for TBI and its range of different symptoms.

Types of Brain Injuries and their Causes

Several types of TBI can lead to temporary or permanent impairment of brain functions:

• Concussion: This is a common type of TBI, often caused by a direct blow to the head. Symptoms can include headaches, confusion, and memory loss.
• Contusion: A contusion is a bruise on the brain caused by an impact to the head. It can lead to swelling and increased pressure in the skull.
• Coup-Contrecoup Injury: This injury occurs when a forceful impact causes the brain to hit the opposite side of the skull, leading to damage at both the site of impact and its opposite side.
• Diffuse Axonal Injury (DAI): DAI happens when the brain moves slower than the skull, causing shearing forces that tear the brain’s long connecting nerve fibers. This often leads to widespread brain damage.
• Penetrating Brain Injury: This occurs when an object pierces the skull and enters the brain. It can cause serious damage to the area of the brain where the object enters.

Understanding the types and causes of TBI can be critical to preventing or minimizing these injuries and providing appropriate treatment when they do occur.

Your Florida TBI attorney at Britto & Herman Injury Lawyers can connect you to medical professionals who are qualified to ascertain the scope of injuries and physical recovery of head injury victims, as well as the financial implications of a TBI. Your health and well-being is our core concern. If you believe you have a minor head injury, you can act to protect your future health by seeking the opinion of a medical professional.

If you have symptoms you believe may be related to a head injury you have suffered, it is wise to seek further diagnosis of your condition, which in some cases can help to prevent further injury, physical disability, or additional deterioration. if your head injury occurred due to another person’s negligence, our Jupiter, Florida law firm may be able to seek appropriate financial compensation on your behalf for the head trauma you have suffered. We serve all Florida counties.

Implications of a Traumatic Brain Injury

A TBI can have profound effects on the individual who suffered the injury and their family. These impacts can be physical, emotional, and financial.

Impact of a TBI on the Injured Individual

• Physical and Cognitive Impairments: A TBI can lead to physical disabilities, cognitive impairment, and changes in personality or behavior. This could include memory loss, difficulty concentrating, mood swings, and even changes in taste and smell.
• Reduced Quality of Life and Opportunities: The physical and cognitive impairments can lead to a diminished quality of life, including limitations in social interactions, recreational activities, and career opportunities.
• Reduced Earning Capacity: Individuals with a TBI may face reduced earning capacity due to their inability to perform tasks they once could, or they may be unable to work at all.

Impact of a TBI on the Family of the Injured Individual

• Increased Caregiving Responsibilities: Family members often take on caregiving roles, which can lead to increased stress and changes in family dynamics.
• Financial Strain: Substantial costs can be associated with medical care, rehabilitation services, and potentially long-term care, placing a significant financial burden on the family.
• Emotional Distress: Family members may experience feelings of burden, distress, anxiety, anger, and depression as they adjust to the new reality of living with a loved one who has suffered a TBI.

In Florida, individuals who have suffered a TBI due to someone else’s negligence may seek compensation for these losses. Damages may include medical expenses, lost wages, pain and suffering, loss of enjoyment of life, and more. Consult an experienced personal injury attorney who can help navigate this complex process.

How to Prove Fault for Traumatic Brain Injury in Florida

Proving fault for a traumatic brain injury (TBI) in Florida is a complicated process that requires demonstrating several key elements.

Establishing Negligence in Your Florida Traumatic Brain Injury Case

The foundation of a TBI claim in Florida is establishing negligence. This involves proving:

1. Duty of Care: The defendant had a legal responsibility to act in a manner that would prevent causing harm.
2. Breach of Duty: The defendant failed to uphold this duty through their actions or inactions.
3. Causation: The breach of duty directly led to the TBI.
4. Damages: The plaintiff has suffered losses (physical, emotional, financial) due to the TBI.

Collecting Evidence for a TBI Case in Florida

Evidence plays a crucial role in proving fault. This could include:

• Medical Records: These can provide direct evidence of the TBI, detailing the severity of the injury and required treatment.
• Accident Reports: If the TBI was caused by a vehicle accident, law enforcement’s accident report can provide critical details.
• Witness Statements: Testimonies from witnesses can affirm the plaintiff’s account of the incident leading to the TBI.
• Testimony from Expert Witnesses: Expert opinions from neurologists or accident reconstruction specialists can offer supporting evidence for the claim.

Strategically Work with a Florida TBI Attorney From The Start To Prove Fault

Given the intricacies involved in proving fault for a TBI, it’s advisable to seek the guidance of an experienced Florida TBI attorney. They can guide you through each step of the process, ensuring all necessary evidence is collected, deadlines are met, and your rights are protected.

Statute of Limitations for Traumatic Brain Injury Claims in Florida

The statute of limitations for a traumatic brain injury (TBI) case in Florida generally depends on the nature of the claim.

• Personal Injury Claims — For personal injury claims, which typically encompass TBIs caused by accidents like car crashes or slips and falls, the victim generally has four years from the date of the accident to file a lawsuit.
• Medical Malpractice Claims — If the TBI is due to medical malpractice, the statute of limitations is typically two years from when the patient either knew, or should have known with reasonable diligence, about the injury.
• Claims Against the State — In cases where the claim is against the state of Florida, an individual has three years to file a claim, but a lawsuit cannot be filed until a 180-day investigation period is over.

Note that as of March 2023, Florida enacted a new statute of limitations law for personal injury cases, including TBIs. Therefore, consult an experienced Florida TBI attorney to understand the current laws and ensure your rights are protected.

Damages for TBI in Florida

In Florida, a person who has suffered a traumatic brain injury (TBI) due to someone else’s negligence may be entitled to various types of damages. These damages can be categorized into economic or non-economic damages.

Economic Damages for a TBI in Florida

Economic damages are quantifiable monetary losses directly caused by the TBI. These may include:

• Medical Expenses: This includes costs for hospital stays, surgeries, medications, rehabilitation, therapy, and any future medical expenses related to the TBI.
• Lost Wages: If the TBI prevents the victim from working, they can be compensated for lost income. This also covers reduced earning capacity if the victim can no longer perform the same work as before the injury.
• Future Damages: These cover any future financial losses caused by the TBI, such as ongoing medical treatment or long-term care.

Non-Economic Damages for Traumatic Brain Injuries in Florida

Non-economic damages refer to intangible losses that don’t have a direct monetary value. These may include:

• Pain and Suffering: This encompasses physical pain, mental anguish, and emotional distress caused by the TBI.
• Loss of Enjoyment of Life: This represents the diminished ability to enjoy the day-to-day activities, hobbies, and experiences due to the TBI.
• Loss of Consortium: This refers to the negative effects the TBI has on the victim’s relationship with their spouse.

In some cases, punitive damages may also be awarded. Florida law caps punitive damages at three times the amount of compensatory damages or $500,000, whichever is greater. Punitive damages are not meant to compensate the victim, but to punish the defendant and deter similar negligent behavior.

Schedule a Free Consultation with Britto & Herman Injury Lawyers in Jupiter To Discuss Your Florida Traumatic Brain Injury Case

At Britto & Herman Injury Lawyers, we prioritize seeking justice for accident victims and their families throughout Florida. Our firm has a proven record of success in representing clients involved in brain injury claims, guiding individuals and families from start to finish while seeking compensation that accounts for both current and future needs. We serve residents in all Florida counties.

We want to understand how we can help you. Schedule a complimentary case evaluation today by calling us at (561) 835-5555(561) 835-5555 or completing our online form. We fight passionately on behalf of our clients. Let us help you determine the right next steps for your TBI case.

Time is of the essence in traumatic brain injury cases, so it’s essential to act swiftly. Britto & Herman Injury Lawyers is here to provide unwavering support and assist you through the legal process, ensuring the protection of your rights following a TBI accident in Florida.

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