Traumatic Brain Injuries (TBI) are some of the most serious types of injuries that a person can suffer. They can occur in car accidents, sports-related accidents, slip and falls, and many other circumstances. While many brain injuries are not permanent and will heal with time, some may cause long-term side effects or even death. If you or a loved one has experienced a TBI as a result of someone else’s negligence, you should speak with a personal injury lawyer as soon as possible. Contact the West Palm Beach personal injury attorneys at GOLDLAW today to schedule a free consultation.
West Palm Beach Traumatic Brain Injury FAQs
- What Is a Traumatic Brain Injury?
- What Are The Common Causes of a TBI?
- How Does Comparative Fault Work in Florida?
- What Types of Traumatic Brain Injury Cases Do We Handle?
What is a Traumatic Brain Injury?
A traumatic brain injury (TBI) is a blow or jolt to the head that disrupts the function of the brain. This doesn’t always result in a TBI, but they are quite common. The severity of a TBI varies and can be mild, causing a quick change in mental status or consciousness, or quite severe, causing a person to lose consciousness following the injury. Severe TBIs can also result in amnesia. A TBI can have short-term effects or be permanent.
Symptoms of TBIs
The symptoms of TBIs vary depending on severity. Some of the most common symptoms include:
- Headaches
- Dizziness
- Nausea
- Fatigue
- Problems with vision
- Problems with hearing
- Problems with memory and concentration
- Mood swings and personality changes
- Depression and anxiety
These symptoms can have a profound effect on every aspect of your life, including your career, relationships, and overall quality of life. If you have suffered a TBI, it is important to seek medical attention as soon as possible so that your injuries can be properly diagnosed and treated. In some cases, TBIs can result in long-term disabilities that will require extensive medical care and/or rehabilitative services.
Most Common Causes of Traumatic Brain Injuries
TBIs can be caused in several ways. Some of the most common causes of TBIs that lead to personal injury claims include the following:
Car and Truck Accidents
One of the most common causes of traumatic brain injuries is car and truck accidents. When two vehicles collide, the impact can cause the driver or passenger’s head to hit the steering wheel, dashboard, or window, resulting in a concussion or other TBI. In some cases, the victim may be ejected from the vehicle, which can also cause a serious brain injury.
Falls
Falls are another common cause of TBIs, especially for young children and older adults. When a person falls, their head can hit the ground or an object, resulting in a concussion or other brain injury, leading to a serious brain injury.
Being Struck By An Object
Being struck by an object is another common cause of TBIs. This can happen when a person is hit by a flying object, such as a baseball, or a falling object from a construction site. It can also happen when a person is involved in a violent attack.
Sports-Related Injuries
Sports-related injuries often lead to TBIs. A concussion is the most common type of sports-related TBI. Concussions can occur when a player is hit in the head with a ball or collides with another player. Repeated blows to the head can also lead to chronic traumatic encephalopathy (CTE), which is a degenerative brain disease that can only be diagnosed after death.
Statute of Limitations for TBI Cases in Florida
In Florida, the statute of limitations for most personal injury cases, including TBI cases, is two years from the date of the injury. However, there are some exceptions to this rule.
One exception to the general statute of limitations is if the plaintiff is a minor. In Florida, if the victim of an accident is a minor, the statute of limitations is extended to seven years.
Additionally, claims for medical malpractice typically have a two-year deadline.
Recovering Compensation for a TBI When You’re Partially at Fault
At GOLDLAW, our goal is to help clients recover the compensation needed to get through this difficult injury and the recovery process. Our team works diligently to recover both economic and non-economic damages on behalf of all West Palm Beach traumatic brain injury victims that we assist.
- Economic damages. These types of losses are also referred to as special damages, and they revolve around the more obvious and calculable expenses a traumatic brain injury victim will likely incur as a result of the incident and the recovery process. By using medical bills, invoices, receipts, and various estimates that may come in after the incident, we can see that the most common types of economic damages in these cases include:
- All emergency medical expenses
- Follow-up doctor or hospital visits
- Rehabilitation, physical therapy, and chiropractic care
- Surgical expenses
- Medical equipment or devices
- Prescription and over-the-counter medications
- Lost income or loss of future earnings
- Out-of-pocket household expenses
- Property damage expenses
- Non-economic damages. These types of damages revolve around less obvious expenses, losses that most certainly affect a brain injury victim’s life. Non-economic damages are also referred to as general damages, and they typically will not have direct receipts or bills to examine. Using various other calculation methods, our team will work to recover compensation for a victim’s:
- Physical pain and suffering
- Emotional and psychological pain and suffering
- Loss of enjoyment or loss of quality of life
There is no set amount of compensation paid to brain injury victims in West Palm Beach if their claim is successful. However, there are various factors that can influence the total settlement or jury verdict amount. These factors include the severity of the injury, how long it takes an individual to recover, whether or not there was any disability caused by the brain injury, and shared fault factors.
How Comparative Fault Works in Florida TBI Claims
Recently, Florida passed major tort reform laws that affected how shared fault works in Florida. Previously, Florida was a “pure comparative negligence” state, which meant individuals could recover compensation regardless of how much fault they had for an incident, even up to 99% fault. However, Florida is now a “modified comparative negligence” system.
Under this new system, individuals will not be able to recover compensation for their losses if they are found to be more than 50% responsible for the incident. However, individuals will still be able to recover compensation up until that percentage point, though at a reduced level. Injury victims will receive reduced compensation at a level equal to how much fault they had for the incident.
For example, suppose a person sustains $1 million in losses as a result of the brain injury they sustained. However, if the individual was found to be 25% responsible for the incident, they would receive $750,000 as opposed to the total of $1 million.
Shared fault can certainly adjust how much compensation a person receives. If the insurance carrier or another party involved has tried to place some or all of the blame onto you for your traumatic brain injury, you need to reach out to an attorney as soon as possible. Your lawyer can help push back against any allegations of fault.
One thing to keep in mind is that the burden of proof is on the plaintiff to prove that the defendant is responsible for their injuries. This can be difficult to do if you are also partially at fault for your own injuries. Fortunately, a GOLDLAW personal injury lawyer can help you with this.
What Types of TBI Cases Do We Handle at GOLDLAW?
At GOLDLAW, we handle all types of TBI cases, including those caused by:
- Car accidents
- Slip and fall accidents
- Work-related accidents
- Defective product injuries
- Medical malpractice
No matter how your TBI occurred, we can help you get the compensation you deserve. We have experience handling all types of personal injury cases, and we know how to build a strong case for you.
Why You Should Choose GOLDLAW
- We understand TBIs. TBI cases often take longer to settle than other types of personal injury cases because the full extent of the injuries may not be known for months or even years after the accident occurs. We will be patient and make sure that you are getting the treatment you need before pushing for a settlement.
- We always offer a free consultation where you can get to know us and ask questions before deciding to move forward with our firm.
If you or a loved one suffered a traumatic brain injury and believe someone else’s negligence was the cause, contact us today to discuss your options.