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A brain injury is a scary and serious matter. If you or someone you know has suffered a brain injury in the state of Florida, you should seek expert support from a Florida brain injury attorney to ensure you receive fair compensation.
Denmon Pearlman Law has the expertise and experience to get you the money you deserve and help you through this difficult time.
Understanding Brain Injuries in Florida
The State Definition of a Traumatic Brain Injury – An insult to the skull, brain, or its covering, resulting from external trauma, which produces an altered state of consciousness or anatomic, motor, sensory, cognitive, or behavioral deficit.
Potential Causes of Brain Injuries
While there can be many causes of brain injuries, they are usually the result of blunt force trauma to the head. The most common examples include:
A fall from a ladder, chair, or even just while walking has the potential to cause brain injury. If the head contacts the ground, floor, or another object or surface, an open or closed head injury can result. This can be common in workplace injuries or unsafe premises.
Even if the head doesn’t make contact or is protected, enough force or a jarring motion can still cause harm to the brain. These are common in sports injuries, especially in contact sports, and could even lead to a product liability case.
When motor vehicle accidents occur, there can be a lot of force, rapid changes in speed, and even flying objects. It is not uncommon for a head injury to occur if it contacts the headrest, steering wheel, window, or other object or surface. Even without direct impact to the head, sudden decelerations or being shunted abruptly can cause whiplash or even back injuries and brain damage.
Violence of any degree can directly or indirectly lead to brain injury. Strikes to the head, with or without a weapon, or even just being knocked down, can transfer force to the brain and skull, causing injury. A violent blow can cause open or closed head injuries.
Types of Brain Injuries
There are two major classifications for traumatic brain injuries (TBIs): open and closed.
Open brain injuries tend to be more severe, as they involve the skull being punctured or otherwise broken. This can cause direct injury, or the broken skull can damage the brain.
Closed brain injuries happen when an external force harms the brain without compromising the skull. Concussions are a common example. Closed brain injuries can still be severe and even life-threatening.
Florida Brain Injury Symptoms
Depending on the severity, brain injury symptoms can range from inconvenient to serious impairment, including hospitalization and even death. It is possible to experience all or only some of these symptoms.
Mild TBI Symptoms
- Speech impairment
- Blurred vision
- Light sensitivity
- Ringing of the ears
- Odd taste or smell
- Brief loss of consciousness
- Confusion or disorientation
- Memory loss
- Mood changes
- Loss of concentration
- Depression or anxiety
- Insomnia or oversleeping
Moderate to Severe TBI Symptoms
- Persistent headache or migraine
- Severe nausea
- Repeated vomiting
- Dilation one either or both pupils
- Clear fluids draining from nose or ears
- Extended loss of consciousness
- Seizures or convulsions
- Numbness in fingers or toes
- Loss of coordination
- Profound confusion
- Unusual aggression
- Slurring speech
- Trouble waking up
Treatment for Traumatic Brain Injuries in Florida
Treatment for traumatic brain injuries varies. For mild, closed brain injuries, there is often no treatment other than rest. However, treatment and even surgery may be necessary in more severe cases, especially for open brain injuries.
This can include hospitalization and medication or even follow-up from a medical professional such as rehabilitation.
Proving Traumatic Head Injuries After a Florida Accident
Proving a TBI will be straightforward in some cases but can be more complicated in others. For example, an open head injury will have apparent visual evidence, while a closed brain injury may not.
Imaging such as X-rays or CT scans can be instrumental evidence of a brain injury. Keep track of all relevant supporting documentation, such as the time and date of the scan.
What Is My Brain Injury Case Worth?
Because brain injuries can be very serious and have lasting effects, settlements can be very high. Some estimates have the low end in the six-figure range while the high end can easily reach millions of dollars.
Many factors can affect where a case falls in that range, such as pain and suffering, whether or not there are permanent consequences that affect the quality of life or ability to work and medical bills.
Elements of Head Injury Claim in Florida
The approach and result of a brain injury claim can depend on several factors. Below are the most critical elements that will decide the outcome.
Economic damages include expenses that are easy to measure with a dollar amount. Monetary damages include things like:
- Medical care
- Loss of wages
- Reduction in future earning potential
- Funeral costs
While things like medical costs and loss of wages while recovering from the injury can be straightforward, proving reduction of earning potential can be more challenging.
Noneconomic damages include things without a direct dollar amount attributed to them. These can include:
- Pain and suffering
- Emotional distress and mental anguish
- Loss of life’s enjoyment
- Punitive damages
- Loss of consortium
Non-economic damages can be more difficult to acquire, which is why having traumatic brain injury lawyers is important.
The cause of a TBI is the most important thing when it comes to a traumatic brain injury case. To be awarded a settlement, you will need to prove that the fault party was responsible either directly or indirectly.
Direct causation, such as violence or drunk driving, tends to be clearer. Negligence cases can be more complicated, as you have to prove that the defendant had an obligation that they failed to meet, which could have prevented the injury.
How Long Do I Have to File a Personal Injury Lawsuit for a Brain Injury in Florida?
Brain injuries fall under the personal injury umbrella. In Florida, you have four years to take legal action for a personal injury claim in most cases. In the event of a brain injury caused by medical malpractice, you have only two years. Injury-related deaths are also limited to two years from the time of death.
Contact Our Experienced Florida Brain Injury Attorneys Today
Denmon Pearlman Law specializes in personal injury cases. Don’t settle for a generic attorney for a serious case like a brain injury. Traumatic head injury attorneys know all the details to get you everything you deserve from a personal injury claim. You can receive a free and confidential consultation to help you understand the journey ahead.
Below are some common questions regarding brain injuries in Florida.
Is brain injury a permanent disability?
Brain injuries are commonly categorized as mild, moderate, or severe. In some cases, there can be permanent symptoms that would impair normal function and qualify as a disability for brain injury victims, especially in the case of severe brain injury.
Can brain injury cause mental disability?
Yes, brain injuries can directly cause or increase the chance of developing a mental disorder or disability.
How much do personal injury lawyers charge in Florida?
While the amount varies, and there may or may not be upfront costs, personal injury attorneys in Florida commonly collect 30-40% of the settlement.
What qualifies as a brain injury?
There are open and closed brain injuries. Open brain injuries happen when the skull is penetrated or fractured. Closed brain injuries occur when the skull remains intact, but the brain is damaged from a transfer of force (a concussion is a typical example). In either case, the harm done to the brain can be considered a brain injury. A Florida brain injury attorney can tell you whether or not your situation qualifies.
We have your back. Whatever you might be suffering from, accidents, injuries or medical malpractice, we have you covered throughout Florida
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