The Legal Side of Florida Traumatic Brain Injury Cases?
Traumatic Brain Injury cases in America are on the rise. Approximately 1.7 million TBIs occur every year. Brain Injury hospitalizations, surgeries, and ER visits are some of the costliest medical expenses for those who sustain them. Brain injury care can bankrupt a family who comes to harm due to the negligence of another.
After sustaining a Traumatic Brain Injury, navigating a successful recovery medically and financially is a challenge. This Shaked Law Firm article thoroughly explains the process of Florida Traumatic Brain Injury cases.
Why is a Personal Injury lawyer with TBI 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 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.
Read more: Dangers of Brain Injuries After Accident
What are other common forms of brain injury?
Contusions (bruises) of the brain frequently occur as a result of auto accidents and sports 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.
Learn more: cerebral contusions
No matter what kind of trauma the brain encounters, swelling usually occurs. Swelling is the body’s natural way of beginning the healing process, however, it can cause problems. When the brain cannot swell past the point of the skull and has no room to migrate any further, damage such as stroke can occur. This occurrence is called “intra-cranial pressure”. It can severely impair bodily function and in extreme cases it can be fatal.
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.
Brain injury evaluation
There are several questions your Florida brain injury attorney must convince a jury of, if the TBI case proceeds to trial. The following questions are “the burden of proof”:
- Is the victim unable to work?
- Is the victim unable to live independently?
- Does the victim receive protection against discriminatory hiring practices if they attempt to work?
- What medical interventions may improve the prognosis of the victim?
The attorney looks at every piece of the puzzle. It’s important to provide every possible resource for a full recovery on both the legal and medical sides of the case. Evaluation a brain injury case includes: a thorough review of medical records and how much assistance is necessary to help a client recover financially. Another important aspect of the case is what the likely outcome is long term from a medical standpoint. Brain injuries are usually permanent.
Victims of Traumatic Brain Injury often require extensive care 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.
Read more: What is a TBI Life Care Plan?
What are your rights when pursuing a Florida brain 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.
Read more: What is Florida Medical Negligence?
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.