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What Exactly is a Traumatic Brain Injury?
A Traumatic Brain Injury (TBI) is a complex injury to the brain that occurs when an external force causes damage to the brain. The damage can occur due to a variety of factors such as a sudden blow, jolt, or bump to the head or penetrating head injury. TBI is a serious condition that can have long-lasting and sometimes life-altering effects on an individual’s physical, cognitive, and emotional health.
The symptoms of TBI can range from mild to severe, depending on the severity and location of the injury. Some common symptoms include headaches, dizziness, loss of consciousness, confusion, and memory problems. In severe cases, TBI can lead to coma or even death. It is essential to seek medical attention as soon as possible if you suspect you or someone else has suffered a TBI. Early intervention and proper medical care can improve the chances of recovery and minimize the long-term effects of TBI.
A TBI can result from a wide range of accidents. However, some of the most common include:
- Auto accidents
- Truck accidents
- Bicycle accidents
- Pedestrian accidents
- Workplace accidents
Acquired brain injuries are the common following:
- Births resulting in trauma
- Incidents of drowning or near-drowning
- Exposure to hazardous chemicals
- Cases of medical Malpractice
- Assault
Many victims of mild to moderate TBIs don’t realize the extent of their injuries directly after an accident. That’s why it’s crucial you see a doctor immediately following any type of head injury. If a TBI goes untreated, it can lead to permanent disabilities that could make it hard to function as you did before the accident.
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Common Brain Injury Symptoms may Include:
- Dizziness
- Migraines
- Vision problems
- Light sensitivity
- Fatigue
- Seizures
- Insomnia
- Depression
- Anxiety
- Mood swings
- Trouble concentrating
- Social isolation
- Higher risk of neurodegenerative diseases such as Alzheimer’s
In cases of severe traumatic brain injury, the victim may not be able to work, help out around the house, or even care for themselves. This can turn a family upside down. Traumatic Brain Injury Attorneys at Felice Trial Attorneys, Law understand the impact a TBI can have on your life and will fight hard to obtain fair compensation if an act of negligence caused the accident.
Florida Brain Injuries – The Law
In Florida, brain injury laws fall under the broader category of personal injury law. The state has statutes of limitations, which means that there are deadlines for filing a lawsuit after a brain injury. The statute of limitations for personal injury cases, including brain injury cases, is four years from the date of the injury.
Florida also follows a comparative negligence rule, which means that compensation may be reduced if the injured party is found to be partly responsible for the accident that caused their injury.
In addition, Florida law requires that drivers carry Personal Injury Protection (PIP) insurance, which provides medical benefits and lost wages coverage to individuals involved in a car accident, regardless of who is at fault. However, PIP coverage has limitations, and it may not fully cover the costs of treating a severe brain injury.
It’s important to note that brain injury laws in Florida can be complex and may depend on the specific facts and circumstances of each case. If you or someone you know has suffered a brain injury in Florida, it’s advisable to seek the guidance of a qualified personal injury attorney who can provide specific legal advice tailored to your situation.
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How a TBI Can Affect Your Life?
If you’ve sustained a mild TBI and have treated it right away, there’s a good chance you’ll make a full recovery. The brain is highly effective at repairing itself. However, moderate to severe TBIs can cause both short and long-term side effects. You may even experience degenerative issues that damage your emotional well-being.
Frequently Asked Questions
While each case may have unique circumstances, there are several legal options that may be available to pursue. In some instances, the victim may qualify for social security disability benefits, workers’ compensation, or a personal injury claim. Additionally, legal guardianship may also be necessary in some cases. It is crucial to seek the guidance of a qualified legal professional who can assess the individual circumstances of each case and provide expert advice on the best course of legal action.
When seeking compensation for a personal injury, economic damages may be awarded to cover various expenses related to the injury. Medical expenses are a significant factor in these types of cases, including the cost of emergency treatment, ambulance transport, diagnostic imaging tests, hospitalization, physician and surgical services, prescription medication, physical therapy, rehabilitation, and the provision of assistive devices such as a wheelchair. In addition to medical expenses, economic damages may also account for wage loss resulting from being too injured to work or missing work to attend injury-related medical appointments, as well as loss of future earning capacity. Property damage incurred in the accident, such as the cost to replace or repair a car or motorcycle that was being operated during the accident, may also be included in economic damages. It is important to consult with a qualified legal professional to ensure that all potential economic damages are considered and pursued in a personal injury case.
In order to establish liability in brain injury cases, it is necessary for plaintiffs to demonstrate that the at-fault party had a duty of care towards them, which refers to the reasonable actions that a person should take in specific circumstances to prevent causing harm to others. Additionally, it must be shown that there was a breach in this duty of care, in other words, that the at-fault party took actions that violated their duty of care.
If it can be proven that the breach in the duty of care caused an accident in which the plaintiff incurred a traumatic brain injury, resulting in financial expenses and psychological impacts, then the plaintiff may have grounds to pursue legal action. A personal injury attorney, such as those available at Shiner Law Group, can assist in developing a legal strategy to prove these factors and seek compensation for the plaintiff’s damages.
We understand that the cost of legal assistance can be a concern for many people, which is why we offer a free case evaluation to anyone seeking help. During this evaluation, we can answer any initial questions you have about the process of obtaining compensation, and you are under no obligation to work with us.
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