Traumatic brain injury (TBI) is a leading cause of death and disability among children and older adults. Overall, it is the fourth leading cause of death in the United States. These injuries include a bump, jolt, or life-threatening wound to a victim’s head, which can result in temporary or permanent brain damage. In the sunshine state, traumatic brain injuries account for a majority of personal injury cases and emergency room visits. Due to the severity of these types of accidents, it is crucial to hire an experienced brain injury attorney in Delray Beach to seek compensation for the damages caused.
Our Delray Beach personal injury attorneys provide expert legal advice regarding the varying causes of brain injuries, including:
When a victim falls from the stairs, a ladder, bath, or any heightened surface, the likelihood of a brain injury increases. In fact, slip and fall accidents are the most common cause of brain injury in the U.S., specifically among elderly and young children.
Any collision involving a motor vehicle, bicycle, or pedestrian can lead to severe brain injury. Negligent driving or driving under the influence are key contributors to resulting brain injuries.
Any form of violence, such as gunshot wounds, child abuse, and physical assault, can lead to concussions or internal bleeding. This level of violence can cause long-term developmental effects on the brain.
Negligence resulting from medical malpractice can lead to traumatic brain injury and long-term cognitive harm following a surgical operation. Other causes include misdiagnosis, surgical errors, medication mistakes, anesthesia errors.
Players of soccer, football, baseball, hockey, and other high-impact sports are susceptible to traumatic brain injuries if protective gear fails to shield the player. Lack of education and training on proper techniques, rules, and safety protocols increase the occurrence of traumatic brain injuries.
In Florida, traumatic brain injuries (TBIs) can lead to wrongful death cases when the injury is severe enough to result in the untimely and preventable death of an individual. Wrongful death refers to a death caused by the negligence, wrongful act, or misconduct of another party.
When a TBI leads to wrongful death in Florida, certain legal principles and statutes come into effect. Here are some key points to understand:
Wrongful Death Statute: Florida has a specific statute (Florida Statutes, Chapter 768) that governs wrongful death claims. This statute allows certain surviving family members or the personal representative of the deceased’s estate to file a wrongful death lawsuit seeking compensation for the losses suffered due to the death.
Eligible Plaintiffs: Under Florida law, eligible plaintiffs who can file a wrongful death claim include the surviving spouse, children, parents, and, in certain cases, other dependent relatives. If there is no surviving spouse, children, or parents, the personal representative of the deceased’s estate may file the claim on behalf of other potential beneficiaries.
Burden of Proof: In a wrongful death case resulting from a TBI, the plaintiff (the party filing the claim) must prove that the death was caused by the negligence or wrongful act of another party. This typically requires demonstrating that the defendant (the party being sued) had a duty of care, breached that duty, and that the breach directly caused the TBI and subsequent death.
Damages: In wrongful death cases involving TBIs, eligible plaintiffs may seek various damages, including but not limited to:
Statute of Limitations: There is a specific time limit for filing a wrongful death claim in Florida. Generally, the statute of limitations for wrongful death cases is two years from the date of death. Failing to file within this timeframe may result in the loss of the right to seek compensation.
Navigating a wrongful death claim involving a TBI can be complex and emotionally challenging. It is crucial to consult with an experienced wrongful death attorney who can guide you through the legal process, gather necessary evidence, and advocate on behalf of the surviving family members to seek justice and fair compensation for the loss of their loved one due to a traumatic brain injury.
Traumatic Brain Injuries (TBIs) can have lasting effects on individuals of all ages, but they are particularly concerning when they occur in infants and children. As parents and caregivers, it is crucial to be aware of the causes, symptoms, and appropriate care for traumatic brain injuries in this vulnerable age group. As Delray Beach brain injury attorneys, we are well aware of the delicate nature of these cases. That’s why we emphasize the significance of raising awareness about the prevention and recognition of traumatic brain injuries (TBIs) in infants and children.
A brain injury is usually distinguished by two factors: open head injury or close head injury. Open head injuries, also known as penetrating head injuries, occur when an object or force breaks your scalp and skull. Closed head injuries, commonly known as blunt head trauma, involve external damage to the head from sudden impact or motion. The skull does not break as a result, but the internal damage can become life-threatening.
Hematomas, skull fractures, contusions, and concussions are common injuries sustained from the previously mentioned causes. While some symptoms may appear immediately after the accident, others could take days or weeks to show up. Seeking medical treatment and professional legal care is instrumental in documenting the brain injury and obtaining compensation if needed.
A moderate or severe TBI can cause life-threatening complications and require immediate medical intervention. By seeking treatment, you ensure that any urgent medical issues, such as bleeding in the brain or increased intracranial pressure, are promptly addressed to stabilize your condition.
Any untreated or improperly managed TBIs can lead to secondary injuries and complications as well. The brain is susceptible to further damage following the initial trauma, potentially resulting in increased swelling, neurological deficits, or long-term impairments. Timely treatment aims to minimize the risk of additional harm, causing a range of adverse effects, such as:
Moreover, if your TBI was caused by the negligence or misconduct of another party, seeking treatment and documenting your injuries are crucial for potential legal claims. Proper medical records and expert assessments can strengthen your case and increase your chances of obtaining fair compensation for medical expenses, lost wages, and other damages that result from the moderate or severe traumatic brain injury.
Selecting the right brain injury lawyer is a crucial decision that can greatly impact the outcome of your case. When choosing a brain injury attorney in Florida, look for a lawyer who specializes in brain injury cases and has extensive experience handling such complex matters. A specialized attorney will have the knowledge, expertise, and understanding of the medical and legal aspects specific to brain injuries as well as a proven track record and success rate in handling these cases.
When you hire a brain injury lawyer, they will guide you through the legal process and advocate on your behalf. The process will begin by conducting a thorough evaluation of your case followed by valuable legal advice tailored to your specific situation.
When hiring a traumatic brain injury lawyer, consider the following factors to ensure you choose the right attorney for your case:
A lawyer specializing in brain injury cases can provide invaluable assistance throughout your legal journey. From the initial free case review to negotiating with insurance companies to presenting your case before a judge and jury, having an expert by your side will make the process smoother, less overwhelming, and significantly increase your chances of achieving a favorable outcome.
Determining the value of a traumatic brain injury (TBI) case can be complex and depends on various factors specific to the case. For example, the severity of injury, number of medical expenses, lost wages, and extent of pain and suffering.
Every TBI case is unique, and the potential value can vary greatly depending on the specific circumstances and jurisdiction. Consulting with an experienced traumatic brain injury attorney will provide a more accurate assessment of the potential value of your case based on the details and evidence available.
Proving a traumatic brain injury (TBI) can present challenges due to the complex nature of these injuries and the need for medical evidence and documentation. However, with the right legal representation and supporting evidence, it is possible to establish a TBI case.
In Florida, a catastrophic injury refers to a severe and life-altering injury that results in long-term or permanent disabilities. These injuries have a significant and enduring impact on the individual’s physical, cognitive, or emotional functioning, often requiring extensive medical treatment, ongoing care, and support. Traumatic Brain Injuries (TBIs) are among the most common examples of catastrophic injuries.
There is no specific formula or set standard for calculating pain and suffering damages. Instead, they are typically determined on a case-by-case basis, taking into account various factors such as severity of injury, impact on quality of life, duration of pain and suffering, and similar cases and precedents.
Unlike economic damages that have a tangible monetary value, such as medical expenses or lost wages, pain and suffering damages are subjective and more challenging to quantify. You need an experienced brain injury attorney to help defend these claims.
A serious brain injury refers to a severe and significant injury to the brain that results in substantial impairment of neurological function. These injuries can have long-term or permanent effects on cognitive abilities, physical functioning, behavior, and overall quality of life. While the specific criteria may vary, here are some general indicators of a serious brain injury:
There are various types of brain injuries, each with its own characteristics and potential long-term effects. The most common types include traumatic brain injury (TBI), acquired brain injury (ABI), closed head injury from motor vehicle accidents, concussion, hypoxic-ischemic brain injury due to lack of oxygen and blood flow, and penetrating head injury.
Brain injuries are often dangerous and complex. It is imperative to obtain professional legal advice before pursuing a traumatic brain injury lawsuit. If you or a loved one has experienced the pain and debilitation of traumatic brain injuries, contact our Delray Beach brain injury attorneys today and we’ll discuss the options available.
We help injured victims in Delray Beach, Boca Raton, Boynton Beach, Deerfield Beach, West Palm Beach, Pompano Beach, Fort Lauderdale, Miami, and the South Florida area. For more information or to schedule your free consultation, please contact us today or give us a call at (561) 450-9355.