Brain injuries are particularly devastating. They can destroy your life. You can recover from a mild brain injury (concussion). Usually, quite quickly. If, on the other hand, you sustain a serious brain injury it is a different story altogether.
You can still recover, but there is a fair chance that your life will never be the same again. Even if you make a fairly good recovery, there is always a chance that complications will arise years down the road. When you suffer from a serious brain injury, in all likelihood, those that you love will also be negatively affected.
That is why if you or your loved one has suffered a traumatic brain injury; it is important to know your rights — consult with a Florida brain injury attorney now
Types of Brain Injuries
There are several types of brain injuries that you can sustain. These are the most common ones, with a brief explanation of what the injury is and the impact it is likely to have on your life.
- Concussion – This is the mildest form of brain injury. It tends to be caused by a short, sharp blow or when the head is snapped back sharply. Usually, you will lose consciousness, but not for long. Recovery tends to be fairly swift with no long-term negative impacts. However, if you repeatedly suffer concussions, the damage done accumulates and can lead to severe disability.
- Anoxic brain injury – This occurs when the brain is starved of oxygen. It can be caused by stroke, drowning, suffocation, or a drug overdose. If a baby is deprived of oxygen for a long period during their birth they may suffer an anoxic brain injury.
- Diffuse axonal injury – If the brain suddenly shifts inside the skull the long nerve fibers, which are called axons can be torn. This causes a huge amount of damage and usually results in a coma, even death. You rarely recover fully after such an injury and the brain remains very fragile.
- Edema – This is when the brain swells inside the skull. This causes pressure, which bruises and injures the brain matter. If it is not treated quickly enough you can die. Many people are left with long term cognitive issues after an injury like this.
- Intracranial hematoma – This is when blood from ruptured blood vessels build up in the brain or the gap between the brain and the skull. It is not uncommon for people to suffer this kind of injury after hitting their head. But, these blood vessels can rupture due to medical reasons.
- Skull fractures – This is when the skull is so severely damaged that it loses structural integrity.
We have represented clients who have suffered from all of these brain injuries. So, you can be assured that we have the necessary expertise to be able to help should you or a loved one get hurt like this.
Causes of Brain Injuries
Sadly, every year, around 1.5 million Americans sustain a Traumatic Brain Injury (TBI). Usually due to one of the following:
Road traffic accidents:
- Car accidents – Airbags have helped to greatly reduce the number of head injuries suffered by those involved in frontal crashes, but heavy impact car crashes are still a significant cause of TBIs
- Bicycle accidents – Those involved in bicycle accidents are particularly vulnerable to head injuries. Wearing a helmet helps, but if the impact is big enough a rider can still suffer severe head and brain injuries.
- Mistakes made during a child´s birth – Sadly, many of the brain injuries suffered as a result of medical malpractice affect babies. The majority of them occur when mistakes are made during the birthing process.
- Mistakes in administering anesthesia – If too much anesthesia, or the wrong type, is used the brain can be damaged.
- Medication errors – When the wrong meds are prescribed, or the wrong dose given brain injuries can occur.
Slip and fall accidents:
- Slippery floors – Wet or shiny floors are a hazard few people recognize. Yet, 85% of all workers comp cases involve slipping on a slick surface.
- Uneven ground – It is all too easy to fall over on an uneven sidewalk and hit your head on the curb.
- Falls from ladders – Even when you are trained to use a ladder properly, you can still easily fall off of one. When you do, the likelihood of your hitting your head is high and the impact is usually severe.
- Tripping up or down the stairs – Every year, around 1 million Americans injure themselves on the stairs. Most of those that fall down several steps at once end up sustaining a head injury.
Less common causes of head injuries:
- Falling objects – Surprisingly, around 46,000 people are struck by falling objects in America, every year. Often these people sustain head injuries.
- Collapsing furniture – If a chair collapses from under you the chances of your hitting or jolting your head are quite high.
- Construction area accidents – A significant percentage of the accidents that occur on construction sites involve head injuries. The wearing of hard hats has helped to reduce the severity of many of them, but it is still possible to end up with a brain injury while wearing one.
- Assault – The victims of violence often suffer brain injuries when hit on the head or being punched hard.
Brain Injury Claims in Florida
In many of the above situations, you will be able to make a personal injury claim. According to Florida law, many elements could make up a brain injury claim. Your attorney will need to take the following into account when preparing your case:
- Negligence /Liability – When someone fails to do something and that leads to your accident this is called negligence. Their failure to act as they should have done makes them liable. Your attorney will need to prove that this has happened in your case.
- Premises liability – The owners of premises are required by law to maintain their premises in a way that ensures everyone entering them is kept safe. If your attorney can prove that this responsibility was not properly discharged it can greatly improve the strength of your case.
- Product liability – Similarly, the people who design, manufacture, and distribute products have a duty of care for the end consumer. If they fail in this duty and you suffer a head injury as a result, your attorney will be able to use this fact to help you to make a personal injury claim.
- Medical malpractice – All of the staff who work in medical settings are responsible for taking care of their patients and keeping them safe. So, if you are hurt because one or several of them do not carry out their duties properly, you can potentially sue them.
- Causation – Your attorney will have to work out who caused the accident that led to the brain injury to determine who to sue and which laws to use to build a strong case.
- Third party’s fault – Occasionally, the accident or mistake that lead to your brain injury will involve a third party. In which case, you may need to sue more than one person, organization, or group of people.
- The victim is partially at-fault – It is also possible that you are partially at-fault. Whether this is the case will have to be established and considered when building your case.
You can seek damages if you suffered a brain injury because of someone else’s negligence. Consult with Thomas C. Grajek now about your rights to compensation.
Call Thomas C. Grajek Now to Consult About Brain Injury Claims in Florida
Thomas C. Grajek also handles personal injury claims in the state of Florida, including brain injury claims.
As you can see here, Thomas C. Grajek and his team have extensive experience in handling these types of claims.
If you or someone you love has suffered a brain injury, please give us a ring, or use our online contact form to get in touch. When you do, we will schedule a free consultation for you.
Or, if you prefer, you can visit any of our offices. We have several locations across Florida.
PRO TIP :
“Not all brain injury cases go to trial, but if that happens, make sure to get a personal injury attorney with actual trial experience.”
FAQs on Brain Injury Attorney
What damages are available in brain injury cases in Florida?
In Florida, a claim for damages after a brain injury can include lost earnings, pain and suffering, the cost of your medical bills and drugs. If the injury has long term negative consequences your claim can include compensation for those. For example, you can claim for future loss of earnings and the cost of any specialist treatment, equipment, or support you may need to live your life.
Can a brain injury lead to depression?
Some brain injuries can lead to depression. This can be because of long-term damage to the physical structure of the brain, which can cause it to malfunction. Or because of the negative impact that such an injury can have on the life of the person suffering it.
Does a person need to lose consciousness in order to sustain a brain injury?
You do not need to lose consciousness to sustain a serious brain injury. It is even possible to be badly hurt, but not realize it for many hours. For example, if a sharp blow were to rupture a blood vessel it could take a while before enough blood builds up to cause pressure on your brain to cause pain.
What is undiagnosed traumatic brain injury?
An undiagnosed traumatic brain injury is a traumatic brain injury that a medical professional has not subjected to any diagnoses. The long-term effects of traumatic brain injuries can impact your quality of life and should not be ignored.
What questions should I ask a birth injury lawyer?
Some of the questions you should ask a birth injury attorney include those about their legal focus, expertise, and client history. It would also be beneficial for you to ask personality-related questions to gauge if you’re fit to work with each other. You should also ask about their payment mechanisms as if you need to pay for their services upfront.
Can mental illness cause brain injury?
A mental illness does not necessarily cause brain injury, but it increases the risk associated with a brain injury, including aggression, social isolation, and the risk of exploitation. It would help if you worked on a treatment for your mental illness, if you have, to decrease your risk for brain injury.