A traumatic brain injury (TBI) occurs when an external force, such as a bump, blow, sudden jerk, penetration wound or other head injury, causes damage to the brain. TBIs can be physical, psychological, or both, often causing permanent or temporary impairment to the brain’s cognitive, physical, and psycho-social functions.
These among the most serious types of injuries a person can suffer. According to a report released by the United States Centers for Disease Control and Prevention, an estimated 1.5 million people across the nation sustain a traumatic brain injury each year. Of these, 50,000 will die as a result of their injuries, while 85,000 will receive long-term injuries that lead to disabilities. Across the U.S., there are over 5 million people who struggle with TBI-related disabilities.
Victims of TBIs May Be Able to Seek Compensation for Their Injuries
When a person suffers a traumatic brain injury as a result of the negligent or malicious acts of another, they have a right to seek compensation for the damages caused by their injuries by filing a lawsuit against the responsible party.
Since the outcome of a brain injury lawsuit determines how much, if any, compensation the victim receives, it is important to select a personal injury lawyer with the experience, know-how and commitment to negotiate a fair settlement with the responsible party’s insurance company.
Lutz brain injury lawyer Tania Rivas has successfully represented clients in a wide range of brain injury cases. Our clients know they can rely on our expertise and dedication to obtain the maximum compensation they are due for their pain, suffering and economic losses.
Causes of Traumatic Brain Injuries in Lutz
A traumatic brain injury, head injury or concussion can happen at any time. They can result from an accident, or even worse, an intentional act of violence.
Situations that can lead to traumatic brain injuries include:
- Vehicular accidents
- Workplace accidents
- Construction site accidents
- Firearms accidents
- Contact sports
- Slip, trips and falls
- Violent crime, such as assault & battery
- Medical errors
Types of Brain Injuries
There are several different types of TBIs. In a closed head TBI, the head sustains a blunt force trauma after striking or being struck by an object. These injuries most often happen after slip-and-falls or vehicular accidents, causing focused or diffuse damage across the brain.
In a penetration TBI, the head injury breaks through the skull and penetrates into the brain. Also known as an open head brain injury, these can be caused by bullets, knives or other hard, sharp objects.
Deceleration TBIs, technically known as a diffuse axonal injury, occur when the head strikes an object, causing brain swelling and contusions. Nerve damage caused by diffuse axonal shearing – which occurs when the brain is shaken back and forth inside the head – can damage nerves in the spinal cord as well.
Other types of TBI include metabolic disorders (damage to the brain’s neurons caused by exposure to certain types of chemicals or toxins), hypoxia (brain injuries caused by lack of oxygen), tumors, strokes and arterial hemorrhage or hematoma.
Symptoms of TBI
Symptoms of TBI can include fatigue, seizures, paralysis, coma, severe headaches, slurred speech, ringing in the ears, blurred vision, impaired motor skills, cognitive or learning difficulties and fluids draining from the nose, mouth or ears. These symptoms may develop immediately after the injury or may develop slowly over a period of hours or days.
If you suspect you or a loved one has sustained a TBI, it is important to seek medical attention immediately. A full neurological examination, including CT scans, MRIs, and x-rays, is critical in diagnosing the nature and severity of a head or brain injury. Delays in treating a TBI injury could make the condition worse, even fatal.
Frequently Asked Questions About Brain Injury Claims in Lutz
What Are Some Less Severe Common Symptoms of Traumatic Brain Injury (TBI)?
In addition to the more severe symptoms listed above, like seizures, paralysis, coma, severe headaches, slurred speech, and impaired motor skills, there are some symptoms of TBI that are more subtle. Here is a partial list of warning signs:
• Sensory Problems
• Mood Swings
• Memory and concentration problems
• Sleep Problems
• Dizziness
• Nausea
If I Sustain a Brain Injury in an Accident, Should I File a Personal Injury Claim or a Lawsuit?
The first step to getting an answer to this question is to speak to an experienced personal injury attorney like Tania Rivas.
In most cases, your lawyer will recommend filing a personal injury claim first. This entails investigating your accident and the negligent parties, and submitting a claim for an amount that would fairly compensate you for your injuries. Insurance companies will usually deny the first claim, so your lawyer will then negotiate with them to come up with a reasonable settlement. If negotiations fail, it may then be necessary to file a personal injury lawsuit. In many cases, the threat of going to court may force the insurance companies to negotiate a settlement.
How Much Can I Recover in a Personal Injury Claim?
Every case is a different, so there is no set dollar amount prescribed for lawsuits. Your lawyer will work with you to make sure you are getting what you deserve for your injury.
In order to work out what you may be entitled to in a personal injury claim, damages are broken down into three categories:
• Compensatory / Economic damages are generally the losses a plaintiff can put a dollar amount to. Things like loss of earnings, loss of future earnings, medical bills, and household expenses fall into this category.
• Non-Economic damages are things like pain and suffering, mental and emotional anguish, and loss of enjoyment of life. These are more difficult to calculate than compensatory / economic damages.
• Exemplary / Punitive damages are intended as a punishment for the negligent party.
You Have a Right to Seek Compensation for a Brain Injury and We Can Help
Selecting the best qualified lawyer to represent you may be the most important decision you make after your injury. To be successful in your claim you will need a lawyer who possesses the experience, knowledge and resources to:
- Investigate the causes of your injuries and uncover the proof that will be needed to establish the validity of your claim;
- Aggressively negotiate with the insurance companies to obtain the full settlement you deserve; and
- Effectively argue your case in court, should negotiations fail.
In Lutz, you need look no farther than the Rivas Law Group to provide the skilled representation you will need to win your brain injury case. Depending on the type and extent of your TBI, we may be able to secure compensation for pain and suffering, medical expenses, lost wages and other damages resulting from your head injury.
If the TBI is fatal, we are here to help surviving family members file a wrongful death lawsuit for financial damages, such as funeral costs or lost income, stemming from their loved one’s death.
The sooner you seek legal help after a brain injury, the sooner we can get to work getting you the money you need to help you after a TBI. Contact the Lutz traumatic brain injury lawyers at Rivas Law Group to schedule a free consultation. Most of our brain injury cases are handled on a contingency basis, which means there are no up-front costs for our services and you only pay if and when we win your case.
