What is the Legal Side of Florida Traumatic Brain Injury Cases?
Traumatic Brain Injury cases in America are rising. Approximately 1.7 million TBIs occur every year. Traumatic Brain Injury hospitalizations, surgeries, and ER visits are some of the costliest medical expenses for a family.
After sustaining a Traumatic Brain Injury, navigating the legal side is complex. This Shaked Law Firm article thoroughly explains the process of Florida Traumatic Brain Injury cases.
Why is a Personal Injury lawyer with Traumatic Brain Injury experience necessary?
Retaining an attorney with Board Certification, and with experience in Florida TBI cases is important after a victim sustains injuries as the result of someone else’s negligence. A lawyer with experience takes the burden from the family, so they’re able to help the victim heal. That is the only thing a family should have to worry about
Hospital bills, lost wages, and childcare expenses can add up quickly. An attorney with experience in Florida TBI cases can passionately pursue the right to compensation. These lawyers are better able to provide sound legal advice for you and your family.
What are the two main types of TBI?
In short, there are two different types of TBI that occur most frequently: Open and Closed Traumatic Brain Injury. What are the differences between these injuries? Are there different prognoses for each type?
- Open TBI: This type of Traumatic Brain Injury means that the skull has suffered a fracture. This injury comes as a result of a fall or other serious injury where the skull has direct contact with the hard surface of an object. This type of injury has less chance of cerebral edema or swelling of the brain, due to the skull being fractured. However, that doesn’t reduce the seriousness of the injury, and serious cognitive disruption, strokes, coma, and death can occur.
- Closed TBI: While a closed head injury doesn’t involve fracture of the skull, it is considered more serious than an open TBI. This is due to the fact that cerebral edema is more likely to occur and thusly, blood clots within the brain can form. This type of TBI as well as an Open TBI can both cause paralysis, loss of consciousness and fatalities if not treated quickly and by experienced medical professionals.
What are other common forms of brain injury?
Contusions (bruises) of the brain frequently occur as a result of auto vehicle accidents and sports-related injuries such as football. These injuries force the brain back and forth and the force itself can cause bleeding. Bleeding on the brain can result in stroke, paralysis, and even in death.
Another aspect of of Traumatic Brain Injury is “tearing”. The force of the brain and skull colliding with a surface can cause small cracks, causing damage to the nervous system and dependent upon where in the brain this damage occurs, can seriously impair use of bodily functions ranging from speech to use of arms and legs.
No matter what kind of trauma the brain encounters, swelling usually occurs. It’s the body’s natural way of beginning the healing process, but it can cause problems when the brain cannot swell past the point of the skull and has no room to migrate any further. This occurrence is called “intra-cranial pressure”. It can severely impair bodily function and in extreme cases it can cause death.
How does a lawyer evaluate Florida Traumatic Brain Injury cases?
After suffering a traumatic brain injury, victims and their families often struggle with medical bills and lost wages. An attorney representing the family will be able to present a medical evaluation pertaining the extent of the victim’s impairments. This evaluation is necessary in order to recover compensation that can ease the financial burden on the family.
A brain injury evaluation on the medical side asks the following questions:
- Can the victim work?
- Can the victim live independently?
- Is the victim protected against discriminatory hiring practices if they attempt to work?
- What medical interventions may improve the prognosis of the victim?
The attorney will look at everything that could possibly assist the family when they or a family members suffers a Traumatic Brain Injury as the result of someone else’s negligence. The evaluation will most likely include multiple parts. This includes: records of hospitalization and how much assistance is necessary to help the victim reintegrate. Another important aspect of the case is what the likely outcome is long term from a medical standpoint.
Victims of Traumatic Brain Injury often require extensive care upon returning home. The following necessities can be found within a Life Care Plan:
- Round-the-clock home health care aides (nurses, attendants, physical therapists, occupational therapists).
- Disabled access at home (ramps, lowered sinks and toilets, safety bars and wheelchair access in bathtubs/showers).
- Hospital bed in a home care setting (this occurs when the victim cannot ascend and descend the stairs in their own home upon returning).
- Assistance with cooking, bathing, dressing, and taking medications
- Accessible vehicles and an aide to drive the victim to doctor’s appointments, errands, etc.
What are your rights when pursuing a Florida Personal Injury lawsuit?
When a Florida TBI case moves to court or trial, the attorney uses a specific principle of liability. The “negligence” principle of liability is always necessary to provide proof that a doctor owes a reasonable duty of care.
Traumatic Brain Injury victims are entitled to pursue a lawsuit against a doctor who causes them harm in attempt to recover compensation. Compensation can ease the financial burden of pain and suffering.