Traumatic Brain Injuries

 

What is a TBI?

Traumatic brain injury or TBI is a catchall term for injuries that physically damage the brain or affect the brain’s processes. TBIs range from minor concussions to penetrating wounds caused by a foreign object, like a piece of shrapnel or a bullet.

Signs and Symptoms of Brain Injury

There are numerous symptoms of traumatic brain injuries. The symptoms vary widely depending on the nature and severity of the injury.

Mild TBIs

A mild TBI may be accompanied by the following:

• Headaches
• Naseaua
• Fatigue
• Speech issues
• Dizziness
• Loss of balance
• Blurred vision
• Ringing in the ears
• Strange odors or tastes
• Short losses of conscience
• Lapses in memory or concentration
• Moodiness
• Anxiety
• Depression
• Issues with sleep

Moderate to Severe TBIs

All of the above symptoms can occur with moderate or severe TBIs. In addition to the above symptoms, TBI victims can experience the following:

• Longer loss of consciousness
• Chronic or severe headaches
• Seizures or short-term convulsions
• Pupil dilation
• Fluids leaking from the nose or ears
• Numbness of the extremities
• A decrease in fine motor skills
• Confusion
• Belligerent behavior
• Comas

If you’ve sustained an injury to the head, seek medical attention immediately and or therapy. Even if you don’t have any apparent symptoms, you could have sustained a concussion, which can have longer-term consequences like disabilities.

Common Causes of TBIs

The following types of accidents have all been known to cause traumatic brain injuries:

• Car Accidents or Truck Accidents – Drivers and passengers frequently sustain head injuries in car accidents. A head injury can result from airbag deployment; striking the head against a window, the dashboard, or the car seat; and being struck by a flying object.
• Motorcycle Accidents – Even with a helmet on, impacting the roadway at high speed can cause a severe impact to the head. This also occurs with bicycle accidents.
• Slip and Fall Accidents – Many people fall backward, striking their heads on the floor or a nearby object.
• Workplace Accidents – Falling items on construction sites are a frequent cause of traumatic brain injuries.
• Dog Attacks – Large dogs will often knock a person off of their feet, causing a head injury.
• Assaults – Many individuals sustain traumatic brain injuries when they’re punched or kicked in the head.
• Sports Injuries – Concussions are a common injury in football, but even non-contact sports like baseball and basketball have their fair share of TBIs.
• Gunshot Wounds –

If you’ve sustained a head injury due to someone else’s negligence, you may be entitled to damages. Contact Long, Jean & Wechsler, P.A. for a free consultation.

Damages in TBI Cases

The state of Florida recognizes three different types of damages. Economic and non-economic damages are often referred to as compensatory damages because they compensate the plaintiff for financial and intangible costs. Punitive damages are non-compensatory in nature. They are meant to punish the defendant for excessively negligent or intentional actions.

Economic Damages

These are the financial costs of an accident. They include medical expenses, lost wages, and property damage. In the case of an accident that leads to traumatic brain injuries, it may be difficult to calculate economic damage because there may be long-term damage. A personal injury lawyer from LJW can calculate your anticipated costs as well as the expenses you’ve already incurred.

Non-economic Damages

Not all expenses have a dollar price tag. Nowhere is that more apparent than with traumatic brain injuries. Depending on the severity of your injuries, you could experience years of physical pain, disabilities, loss of faculties, diminished quality of life, emotional trauma, and more. Non-economic damages are frequently referred to as “pain and suffering” because they attempt to compensate the plaintiff for the intangible costs of the accident.

Punitive Damages

As was previously mentioned, these damages penalize the defendant for egregious negligence or criminal harm. An example of this would be a victim who sustained a traumatic injury to the brain during a physical attack. While this may also involve a crime, the plaintiff can sue the attacker for injuries.

There are no damage caps in Florida for economic and non-economic damages. With punitive damages, Florida caps the amount the plaintiff can receive at $500,000 or three times the amount of compensatory damages, whichever is more.

Florida Laws Affecting TBI Claims

There are several Florida laws that can affect your financial recovery. These are some of the relevant Florida laws and legal concepts that can impact your TBI claim:

Statute of Limitations

For most traumatic brain injury cases, the statute of limitations is four years from the date of the accident. If the accident victim dies as a result of the TBI, then the statute of limitations resets to the date of death.

Pure Comparative Fault

The state of Florida utilizes the pure comparative negligence principle for accidents. That means that accident victims can recover damages in proportion to the liability of the other party. For example, if a drunk driver runs a red light and strikes your car, they will probably be liable for the accident. However, if the investigation concludes that you were speeding, the court may interpret that as contributing to the severity of your injuries. For the sake of this example, assume that the court decides that you’re 20% responsible for your damages. You could still collect 80% of the amount you’re owed.

This is different from the modified negligence principle that some other states employ. In those places, you can only collect damages if you’re less than 50% responsible.

Contingency Fee Representation

Personal injury lawyers in Florida work on a contingency basis. That means that you don’t have to pay for representation until your case is settled or you win in court. In other words, payment is contingent upon our law firm wins your case.

How a Lawyer Can Help

If you’ve sustained a TBI in an accident, our attorneys will represent you on a contingency basis. The services we provide include the following:

• Conducting a free evaluation to determine whether you have a viable case
• Scheduling you for your compulsory medical exam
• Collecting reports and records that document your case
• Subpoenaing and deposing witnesses and the at-fault party
• Calculating your damages
• Presenting a demand letter to the insurance company
• Negotiating with the insurance company
• Filing a lawsuit
• Representing you in court if necessary

Our objective is to get a full and fair settlement for our clients. If our traumatic brain injury lawyers can’t get the insurance company to come to terms, we are fully prepared to litigate our cases in court.

Traumatic Brain Injuries in Pompano Beach, Florida

No accident victim should have to pay for legal representation. At Long, Jean & Wechsler, P.A., our traumatic brain injury lawyers will represent you for free. Our law firm only accepts payment if we successfully litigate your case. Contact us for a free consultation!