There are few personal injuries more serious and life-threatening than a severe Traumatic Brain Injury (TBI). If you suffered a TBI as a result of someone else’s negligence or malice, you may be able to get compensation for the damages you’ve suffered as a result of your injury. Winter Haven brain injury lawyer Tania Rivas at the Rivas Law Group is here to help you get the settlement you deserve for the damages caused by a TBI.
What is a TBI?
A traumatic brain injury (TBI) happens when an external force, such as a bump, blow, sudden jerk or other head injury, causes damage to the brain. The effects of a TBI on the victim can be physical, psychological, or both and can result in permanent or temporary impairment of the brain’s cognitive, physical, and psycho-social functions.
Traumatic brain injuries are a serious health problem across the United States. Here are some TBI statistics:
- 5.3 million people struggle with TBI-related disabilities in the U.S.
- 1.5 million people across the nation sustain a traumatic brain injury (TBI) each year.
- 50,000 of these people will die as a result of TBIs.
- 85,000 will receive TBIs that result in long-term disabilities.
Types and causes of TBIs
There are several different types of TBI. Different injuries cause different types of traumatic brain injuries. The most common types of TBI include:
Open Head Injury
Also known as “penetration” injuries, open head injuries happen when a sharp object punctures the skull and penetrates into the brain. Usually, the damage is restricted to only one part of the brain. These are often quite serious and can result in death.
Causes: gunshots (one of the most common causes of TBI), stab wounds and accidental collisions with sharp objects
Closed Head Injury
In a closed head injury, the cause of the injury did not puncture the skull, but the force was still enough to cause damage to the brain. These injuries tend to affect a greater area of the brain than open-head injuries.
Causes: vehicular accidents (another common cause of TBIs), blunt force trauma, slips and falls (again, one of the most common causes of TBIs)
Diffuse Axonal Injury
Also called deceleration injuries, these types of brain injuries are caused when a sudden, rapid rotational movement to the head results in the connections between the nerve cells in the brain becoming damaged. They are a major cause of unconsciousness and persistent vegetative state in patients.
Causes: sudden deceleration, such as during a car accident, shaking.
Chemical/Toxic Injury
These are metabolic disorders caused by exposure to chemicals or toxins.
Causes: workplace and construction site accidents, accidental ingestion
Hypoxia/Anoxia (lack of oxygen)
The brain is starved of oxygen for a prolonged amount of time.
Causes: drowning, choking, heart attack
Other examples of brain and head injuries include contusions, concussions, skull fractures and hematoma.
Symptoms of TBIs
The immediate or delayed symptoms of a TBI may include:
- Headaches
- Confusion
- Blurred or double vision
- Ringing in the ears
- Problems with balance and motor skills
- Memory loss
- Personality changes/mood swings
- Slurred speech
- Unconsciousness
- Convulsions
- Blood and other fluids draining out of ears, nose or mouth
Compensation for a Brain Injury in Winter Haven
The Winter Haven brain injury attorneys at the Rivas Law Group have successfully represented clients in a wide variety of traumatic brain injury cases. We possess the skills and expertise to thoroughly investigate the causes of your injury and gather the proof that will be necessary to prove your claim. This proof will provide the ammunition we need to battle the liable party for the full compensation you deserve for your injuries.
Depending on the circumstances in your case, we may be able to recover compensation for:
- Expenses for medical care
- Costs of future medical care and treatments
- Emotional pain and suffering
- Missed time from work
- Lost wages and earnings
- Loss of consortium
- Wrongful Death
Frequently Asked Questions About Personal Injury Claims
Is it Best to File a Personal Injury Claim or a Lawsuit if I Sustain a Brain Injury in an Accident?
If you sustain a brain injury in an accident, the first thing you should do is speak to an experienced personal injury attorney like Tania Rivas.
In most cases lawyers will recommend filing a personal injury claim first. This means your attorney will investigate your accident and the parties involved and submit 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 these 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 better settlement.
Do I Need a Personal Injury Attorney if the Insurance Company Wants to Settle?
You probably do not need an attorney if the accident was minor and no one was hurt. But you should absolutely speak with a lawyer if you find yourself having to deal with the following:
• Serious injuries
• Long-term disabilities
• Accidents involving a commercial vehicle
• Recovering lost wages
• Long-term medical treatment
The temptation to take a short term settlement can be very strong. Your bills may be piling up, and a quick payment may seem like it will fix many of your problems. The insurance company is counting on you thinking this way. Our advice is to never agree to a settlement amount unless you are sure that it will cover the entire cost of your injuries, both past and future.
How Much is My Personal Injury Claim Worth?
There is no set dollar amount prescribed for personal injury lawsuits, and every case is a bit different. Your best course of action is to speak to a lawyer who will work with you to make sure you are getting what you deserve for your injury.
In order to calculate the amount of your personal injury claim, damages are broken down into three categories:
• Compensatory / Economic damages are losses that are easiest to 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 because they are more subjective.
• Exemplary / Punitive damages are intended as a punishment for the negligent party, either for recklessness or intentional infliction of harm.
Contact a Winter Haven Brain Injury Lawyer Today
Selecting a Winter Haven brain injury lawyer may be the most important decision you make after your injury. Recovering from a brain injury can be a lengthy, painful process. The outcome of your lawsuit will have a long-term impact on the quality of life for you and your family. It’s vital to choose a lawyer who is well qualified in this area of the law and possesses the knowledge, education, dedication and experience to get the results you desire.
The Winter Haven TBI attorneys at the Rivas Law Group possess all these qualities and more: compassion for the suffering of the injured and their families, and a passionate desire to see justice served. Please don’t delay seeking legal help and risk losing the compensation you deserve for your injuries. Call the Rivas Law Group at (863) 299-5539 to schedule a free consultation with an experienced personal injury attorney.
