Legal Options After a Traumatic Brain Injury in Florida

Traumatic Brain injury in florida.

Head injuries are always a cause for concern. An unexpected fall or an unprotected collision can result in brain damage with a lifelong impact. If you or a loved one have suffered a traumatic brain injury (TBI) in Florida due to the negligence or intentional actions of someone else, it’s important to understand your legal options to aid in your recovery.

What is a Traumatic Brain Injury?

A TBI occurs when an external force injures the brain, potentially leading to temporary or permanent impairment. The consequences of this injury may affect the victim’s cognitive, physical, and psychological abilities. TBIs can range from mild concussions to severe brain damage, significantly impacting quality of life and the ability to perform everyday activities.

Types of Traumatic Brain Injuries

Medical professionals define several types of TBIs. These categories are determined by the type of impact and resulting damage.

Concussions

Concussions are the most common type of TBI. A strong blow to the head causes the brain to hit the skull. Concussions are typically minor injuries but can result in more serious damage with repetition. Growing concerns about the long-term effects of concussions have led to updated protocols in sports.

Contusions

A contusion may develop after a concussion. Damaged blood vessels lead to bruising and swelling around the area of impact. Minor contusions can resolve themselves in time. However, major swelling can lead to increased pressure between the skull and brain that requires medical attention.

Brain Hemorrhages

Uncontrolled bleeding on the brain surface or within the brain tissue can create excess pressure quickly. Without prompt medical attention, a brain hemorrhage will damage brain tissue and can become life-threatening

Hematomas

After any bleeding in the brain, blood clots may form within the brain or between the brain and the skull. Hematomas can develop several days after an initial head injury and may require surgery to resolve.

Penetrating Injuries

Penetrating injuries occur when an object pierces the skull and enters the brain tissue, causing immediate localized damage. This type of injury breaks neurological connections, often causing a sudden loss of motor function.

Diffuse Axonal Injury

A diffuse axonal injury (DAI) is a form of traumatic brain injury caused by rapid acceleration or deceleration forces, such as those experienced in car accidents or falls. This injury results in widespread damage to the brain's white matter, disrupting communication between brain cells and often leading to prolonged unconsciousness or coma.

Common Causes of TBIs in Florida

A variety of accidents can result in TBIs. Some of the most common causes in Florida include:

• Motor Vehicle Accidents: High-speed collisions and lack of seatbelt use can lead to severe head injuries.

• Slip and Fall Accidents: With the large senior population in Florida, slips, trips, and falls are frequent causes of head injuries. The Florida Department of Health reports that 84% of TBI hospitalizations in residents 65 and older result from falls.

• Sports Injuries: Contact sports like football or soccer pose a high risk for concussions and other TBIs.

• Workplace Accidents: Falls from heights, heavy machinery accidents, and lack of proper safety measures such as not wearing a hard hat at a construction site can lead to TBIs.

• Assaults: Violent acts, including domestic violence, fights, and gun violence, can cause severe head injuries.
  

When Should You Consider Legal Action After a TBI?

A TBI becomes a legal matter when it stems from the negligence or intentional actions of another party. Victims may seek compensation for medical expenses, lost wages, pain and suffering, and other damages. Legal action may be warranted if the injury affects the victim's ability to work, necessitates long-term care, or results in significant lifestyle changes.

TBIs Caused Through Negligence

Negligence occurs when an individual or entity fails to exercise reasonable care, leading to an injury. Examples include:

• Car Accidents: Drivers who operate vehicles under the influence of alcohol, speed, or fail to obey traffic laws can be held liable for injuries they cause.

• Premises Liability: Property owners who neglect to maintain safe environments, leading to slip and fall accidents, can be held responsible.

• Medical Malpractice: Healthcare providers who fail to diagnose or properly treat head injuries can be sued for malpractice.
  

TBIs Caused by Intentional Actions

TBIs caused by intentional actions are particularly distressing, as they result from deliberate harm inflicted by another person. Intentional actions leading to TBIs may involve:

• Assault and Battery: Victims of violent crimes may pursue legal action against their attackers.

• Domestic Violence: Head injuries from domestic violence can range from mild concussions to severe brain damage. Abuse such as shaking or hitting may lead to DAIs in young victims.
  

Legal Options for Florida TBI Victims

TBIs often have long recovery periods and lifelong consequences. When negligence or the intentional actions of another cause a brain injury, victims in Florida have several legal options.

Personal Injury Lawsuits

Victims can file lawsuits against negligent parties to seek compensation for their injuries. Common types of compensation include medical expenses, lost wages, pain and suffering, loss of consortium, and punitive damages.

Workers' Compensation Claims

Workers' compensation claims provide benefits to employees who suffer TBIs on the job, covering medical expenses and a portion of lost wages without the need to prove employer negligence. These claims ensure injured workers receive prompt financial support and access to necessary medical treatment, helping them recover and return to work as quickly as possible.

Product Liability Claims

If a defective or unsafe product caused the injury, victims may pursue claims against the manufacturer, distributor, or retailer. Product liability claims help victims receive compensation for their injuries while providing legal accountability.

How a Personal Injury Attorney Can Help TBI Victims

A personal injury attorney can be instrumental in navigating the complexities of TBI cases. An experienced lawyer will learn the specifics of the case, including the extent of any injuries and their long-term effects. After investigation, they will seek to demonstrate negligence and establish liability in the case. From there, they will support the victim in seeking adequate compensation through the legal system.

If you or a loved one has suffered a TBI due to someone else's negligence or intentional actions, seeking legal assistance is an important step in moving forward. While your life may never be the same, adequate compensation can remove some of the stress and worry about your injuries. Contact Loutos Law today to discuss your case and explore your options for obtaining the compensation you deserve. You can reach us at 772-617-0811

Resource:

https://www.floridahealth.gov/statistics-and-data/florida-injury-surveillance-system/_documents/older-adult-falls-emphasis-report-2014