TBI’s or a Traumatic Brain Injury is an incredibly serious injury that can forever alter the lives of those who receive them. The long-term effects of brain injuries can be drastic and can have long-lasting, life-altering effects on victims and their families. Traumatic Brain Injury is more often than not, a permanent injury. Florida law allows for victims to seek compensation for their injuries and any other losses they have incurred due to the injury when it was caused due to the fault or negligence of another person or business.
If you or a loved one has suffered TBI because another person or company was reckless, then contact The Law Place today for a free consultation with a Sarasota traumatic brain injury lawyer. Our personal injury lawyers in Sarasota will advise you whether we think you have a strong claim and if you choose to have representation from us then we will fight by your side every step of the way.
Contact us now on 941-444-4444.
What Is a Traumatic Brain Injury? How do they occur?
A traumatic brain injury is usually caused by a large impact or jolt to the head, neck, or spine. When this happens, the brain will hit the inner walls of the skull, bruising the soft tissue. In more extreme cases, a traumatic brain injury can happen as the result of penetration of the skull and brain tissue. The Center for Disease Control and Prevention, releases data every year on traumatic brain injuries and other accidents. They state that a whopping 1.7 million people receive a TBI every single year. And sadly, of that number, over 50,000 people lose their lives, and 275,00 are hospitalized.
Every Traumatic Brain Injury is different and comes in a range of severity. The most common form of TBI is a concussion, which causes the victim to display symptoms like headaches, dizziness, and confusion. In severe concussions, there can be memory loss and drowsiness.
In more extreme traumatic brain injury cases, the damage can cause long term problems, both mentally and physically. This can stop a victim from being able to live their lives to the same quality that they lived it beforehand. These more serious side effects range from loss of motor control to coma and vegetative states. In the absolute worst of cases, the victim may never wake up or regain full consciousness.
If you or a loved one has suffered a TBI then contact a Sarasota brain injury lawyer today, the sooner you do, the sooner we can take over the investigation of your case and hopefully relieve some of your stressors.
Treating Traumatic Brain Injuries
When it comes to diagnosing and treating a traumatic brain injury, there is usually a long and complex series of medication plans, therapy, and rehabilitation. With a serious brain injury, a victim could be looking at long periods inside a hospital in intensive care. They may also have to do extreme rehabilitation to regain motor function and speech in order to move towards regaining their usual life. Even after the patient leaves the hospital, there may be long term therapy and assisted living arrangements to consider.
Common Causes of a Sarasota Brain Injury
There are a number of common causes of brain injury. The most common cases we deal with are:
- Motoring accidents.
- Trucking accidents.
- Motorcycle crashes.
- Falling from height.
- Construction accidents.
- Sporting accidents.
- Boat crashes.
- Workplace falls and accidents.
- Bicycle crashes.
- Physical assault.
Can I Sue for Emotional Suffering After Receiving a Brain Injury?
Florida law is complex and tricky to navigate. The short answer here is yes, and you can sue for personal injury damages like pain and suffering if you meet the right criteria. Pain and suffering cover things like emotional anguish and loss of enjoyment if you are left unable to participate in activities that you did before the accident.
The longer answer is a little bit more complicated. When considering starting a pain and suffering claim for your brain injury, we highly recommend seeking the help of a reputable Sarasota personal injury lawyer. They know the intricacies of Sarasota County law and will be able to guide you through your claim. They will look at the severity of your injury, how long it has taken, or will take you to recover, the age of the claimant, and the impact the brain injury is going to have on the rest of the claimant’s life.
Pain and suffering claims are there to help those who have received a life-changing permanent injury. If your quality of life has changed or you will require long term treatment, and if you have permanent scarring, you have good grounds to seek a personal injury claim for your brain injury.
There is no limit to the damages that you can be awarded in Sarasota county for pain and suffering personal injury cases. The only limitations come when the accident was due to a car crash; in this scenario, you will be bound by Florida Personal Injury Protection PIP laws, as laid out in Florida Statute 627.736.
What Damages May I Be Entitled To Claim After a TBI Injury
Traumatic brain injuries (TBI) are among the most devastating and life-altering injuries one can endure. As a result, victims often face significant financial burdens, emotional distress, and a diminished quality of life. Understanding the range of damages one might be entitled to can make a significant difference in the recovery process. These damages can broadly be categorized into economic and non-economic damages.
Economic damages, often referred to as “special damages,” are tangible losses that can be calculated and documented. They represent the direct financial impact of the injury on the victim.
Undoubtedly, medical expenses form a major chunk of the economic damages after a TBI. These can include:
- Initial hospitalization and emergency care.
- Surgical procedures.
- Rehabilitation therapies like physical, occupational, or speech therapy.
- Medications to manage pain or other symptoms.
- Medical devices such as wheelchairs or prosthetics.
- Future medical care, especially if the TBI results in long-term or permanent disabilities.
Lost Wages and Earning Capacity
TBI victims might be unable to work for a period of time after the injury, leading to lost wages. Moreover, the severity of the injury may reduce the victim’s ability to return to their former employment or diminish their earning capacity in the future. This potential loss can be claimed as damages.
If the TBI was a result of an accident, like a car crash, victims could claim compensation for the repair or replacement of damaged property.
Unlike economic damages, non-economic damages, often termed “general damages,” compensate victims for intangible losses that don’t have a direct monetary value but significantly affect the victim’s quality of life.
Pain and Suffering
The physical pain and emotional anguish that follows a TBI are immeasurable. Victims might experience chronic headaches, sensitivity to light and sound, or even more debilitating pain. Beyond the physical discomfort, the emotional trauma of adjusting to a new way of life, potentially with diminished cognitive or motor skills, contributes to pain and suffering.
Loss of Enjoyment of Life
TBI can rob victims of the simple pleasures of life. Activities they once enjoyed, hobbies, sports, or even everyday routines might become challenging or impossible to pursue. This loss of enjoyment or life’s pleasures can be claimed as damages.
The emotional toll of a TBI can be profound. Victims might experience anxiety, depression, mood swings, or even more severe psychological conditions. The emotional distress damages recognize and compensate for this mental and emotional pain.
Loss of Consortium
TBI can strain familial relationships. The term “loss of consortium” refers to the deprivation of the benefits of a family relationship due to injuries, including the loss of companionship, affection, comfort, and sexual relations.
Diminished Quality of Life
Beyond the specific categories mentioned, TBI can diminish a victim’s overall quality of life. This broad category recognizes the sum total of the negative ways the injury has affected the victim’s daily existence.
Time Is Critical – What you Need to Prove
Brain injuries are treated the same as any other personal injury case in Sarasota. You will have to prove that the injury came about due to the negligence of somebody else. In Sarasota and across Florida, this usually means you need to prove that somebody broke their duty of care to you. If the accident would not have happened in a similar situation if the other person had acted differently, this is grounds for a negligence lawsuit.
Sarasota is ruled by the Florida State Statutes, which layout a time limit on personal injury claims. In accordance with Florida Statue 95.11, this time limit is set at four years for personal injury and two years for medical malpractice. This means you have a set time limit from the date of your accident to make a claim, or you will be barred from making a claim regarding that case forever. This is final, and only in extreme circumstances can this rule be bent, for example, when somebody is in a long-term coma.
It is worth remembering, however, that in Sarasota FL, even though you have four years to make a claim for your brain injuries, you will have a much higher chance at receiving agreeable compensation if you get in touch with a personal injury law firm as quickly as you are able. Injury lawyers will need to build your case, and the longer you leave it, the harder it is to find the evidence needed.
FAQ – Sarasota TBI Lawyer
What is a traumatic brain injury (TBI)?
A traumatic brain injury, often referred to as TBI, occurs when an external force, such as a blow to the head, results in a change in brain function. In many cases, this can be the outcome of car accidents or motor vehicle accidents where a violent shaking or direct impact leads to injury.
How does a traumatic brain injury case differ from other injury cases?
A traumatic brain injury case deals specifically with injuries to the brain, which can be complex and varied in nature. Unlike more visible injuries, the effects of a TBI can sometimes take time to manifest, impacting everything from cognitive abilities to routine tasks.
I was involved in a car accident and suffered a blow to the head. Do I need a traumatic brain injury attorney?
Absolutely. While many law offices handle personal injury cases, a brain injury attorney has specific experience in representing clients with TBI claims and severe brain injuries. They understand the intricate details of brain function, the causes of brain injuries, and how to pursue maximum compensation for the damages suffered.
What are common causes of TBI?
Apart from car accidents, other causes include falls, sports injuries, and violent shaking. Diffuse axonal injury, for instance, can be a result of the brain moving violently within the skull, damaging nerve fibers.
How can a Sarasota TBI lawyer help me if I believe someone else’s carelessness caused my injury?
An experienced attorney will guide you in taking legal action against those responsible. They can help establish negligence, collect evidence, and ensure your legal rights are protected throughout the process. Moreover, they are well-versed in TBI specifics, such as understanding medical bills and expenses related to the injury and how a brain injury occurs. This means they can help you recover compensation such as lost wages.
Are there specific symptoms that indicate I’ve suffered a TBI?
Symptoms can range from mild to severe, and in some cases, they may not appear immediately after the injury. Common symptoms include headaches, dizziness, difficulty in concentration, and problems with memory or routine tasks. It’s crucial to seek medical attention if you suspect a TBI.
How can brain injury lawyers help maximize my compensation?
Brain injury lawyers have a deep understanding of the long-term impacts of TBI, from loss of income to ongoing medical expenses and changes in quality of life. They can advocate for maximum compensation, ensuring you recover money needed for treatments and therapies.
What are the legal grounds for filing a brain injury lawsuit?
If your TBI was the result of someone else’s negligence, such as a car driver’s carelessness in a car accident, or a property owner’s failure to prevent a fall, you have the grounds to file a lawsuit. Your attorney will help establish the link between the accident and the injury, and prove the negligence of the other party.
On what basis do Sarasota TBI lawyers charge their fees?
Most TBI attorneys, including those in Sarasota, operate on a contingency fee basis. This means you don’t pay any legal fees upfront. Instead, the attorney will take a percentage of any settlement or award you receive. If you don’t win your case, you owe nothing.
Why choose our law offices for your traumatic brain injury case?
Our team of brain injury lawyers is dedicated to representing clients with compassion and knowledge. With a deep understanding of TBI cases and extensive experience in the field, we aim to provide top-notch legal assistance, ensuring you get the justice and compensation you deserve.
Remember, after any accident resulting in a possible TBI, it’s crucial to get medical attention and then consult with an attorney to understand your legal options. Every individual’s situation is unique, so personalized guidance is essential.
Contact The Law Place Today!
At The Law Place, we have a collective experience of 75 years in dealing with brain injuries in Sarasota and across Florida. After a free consultation, we will allocate you a skilled lawyer who has dealt with brain injury cases just like yours before.
Our law firm will help you seek the compensation you deserve, and our injury lawyers will not rest until you are happy with the outcome.
We are contactable 24 hours a day, seven days a week, so get in touch today so we can start fighting for your rights! Call us on 941-444-4444.