The Center for Disease Control estimates that there are 64,000 deaths in the United States each year that are related to traumatic brain injury. Countless more people suffer life-changing injuries. (CDC, Get the Facts About TBI).
Doctors and scientists still have a lot to learn about traumatic brain injuries. What we know is that they can be hard to detect. It can be difficult to understand the long-term effects and the victim’s prognosis for recovery.
As Coral Gables personal injury lawyers, we help people whose lives are changed by traumatic brain injury. Talk to us to learn more about your legal rights following a brain injury.
What Is a Traumatic Brain Injury?
A traumatic brain injury is an acute injury to the brain that affects brain function.
How does traumatic brain injury occur?
Traumatic brain injury occurs in several ways:
- Striking the head and skull
- Shaking the brain
- Piercing
- Skull fracture
It’s a myth that a brain injury requires a visible injury. A person may have a serious injury and look completely normal. Similarly, loss of consciousness is not required – a person may have a severe brain injury without losing consciousness.
What are some causes of traumatic brain injury?
Common causes of traumatic brain injury include:
- Car accidents
- Truck accidents
- Pedestrian and bicycle accidents
- Assault and battery
- Gunshot wounds
- Construction and workplace incidents
- Slip and fall
- Falling/flying objects
- Boating and aviation incidents
- Sports and recreation injuries
- Amusement park malfunctions
- Other causes
Effects of a Brain Injury
Brain injury can impact a person physically, mentally, and emotionally.
Physical impacts
- Loss of consciousness
- Seizures, convulsions
- Headache, nausea, and vomiting
- Sleep disruption
- Abnormalities in the eyes, nose, and ears
- Sensory and feeling problems
- Poor coordination
- Inability to undertake normal life activities and self-care
Mental impacts
- Speech and communication difficulties
- Cognitive performance changes
- Confusion
Emotional impacts
- Increased risk of anxiety and depression
- Impulsivity, lack of empathy for others
A brain injury may impact a person’s ability to live a normal life. Their body, thoughts, and emotions simply no longer function the way they did before.
Traumatic Brain Injury Diagnoses
Medical professionals will conduct a series of tests to diagnose brain injury, including physical evaluation, cognitive tests, and imaging tests. They will gather a personal history and consider all the relevant factors.
Legal Rights for Brain Injury Victims
When a person suffers from a traumatic brain injury, the future may seem uncertain. A person’s legal right to compensation may be extremely important for their future and the welfare of their family.
It’s important to understand that brain trauma may occur following an accident or incident. It’s very easy – even for medical professionals – to overlook the symptoms of brain injury. A person may have a brain injury even if they have escaped other serious harm. To receive compensation for traumatic brain injury, it must be diagnosed, and the effects must be determined.
Can you receive financial compensation for brain injury?
Yes. Brain injury is a type of personal injury. A victim who suffers a brain injury because of the legal fault of another person or entity may seek financial compensation.
In general, a brain injury is a qualifying personal injury that may be the basis of damages if another party has legal fault for what occurred. For example, if you’re in a car accident and someone else caused it, you may claim financial compensation. (It’s important to note that Florida uses a no-fault system for car accidents, and we can help you understand how that may impact your situation.)
How much can you get for brain injury?
Brain injuries range from mild to severe. How much you can get for brain injury depends on the financial and personal impact on the victim’s life. When an injury is moderate or severe, the victim may have a range of likely future expenses – medical expenses and personal care needs. These expenses may be expected long past the resolution of any legal claim.
These long-term damages may be claimed. It’s critical to present medical evidence to explain the victim’s injuries, prognosis, and the cost of the care needed in the future. These future needs may be claimed in damages. It’s important not to underestimate the detailed legal work and presentation of evidence that must be done to fully prove the right to compensation.
Child victims of traumatic brain injury
A child who suffers from a traumatic brain injury faces special challenges. Brain damage may impact a child’s ability to self-regulate, including judgment and emotional regulation. It may impact their ability to self-care. When a child is a victim, it’s important to fully explore their long-term prognosis to claim the appropriate amount of compensation.
Contact Our Traumatic Brain Injury Lawyers in Coral Gables
At Maderal Byrne & Furst PLLC, we are experienced injury lawyers representing victims. Our team handles cases where victims have suffered from traumatic brain injury and other harms. Contact us today to talk about your situation.
