Traumatic brain injuries are some of the leading causes of disabilities and deaths in the country. According to the Centers for Diseases Control (CDC), about 170 U.S citizens die every day due to these accidents, and about 200,000 are hospitalized for the same. Unfortunately, the road to recovery can be tough, expensive, and disheartening especially if the injury was due to the actions or inactions of another party.
The good news is that in Florida, you are allowed to seek compensation if the injury was caused by the negligence of another party. Proving liability, however, is not always easy, but the right lawyer can help. At Steinberg Law, we have a team of seasoned, knowledgeable, and highly skilled lawyers. Our traumatic brain injury lawyer in Palm Beach Gardens will provide the best legal representation for traumatic brain injury victims. Call our personal injury lawyers at 877-783-4611 to learn more about your legal options.
How to Tell if You Have a Brain Injury
Following an accident, most people focus on external wounds and injuries. However, accidents can lead to severe internal injuries, which are not only hard to detect, but life-threatening when left unattended.
To identify a brain injury, you will need to check the sign and symptoms and also get a few tests at the hospital. Traumatic brain injury symptoms can range from mild to severe, depending on the extent of the accident. Some manifest after a few minutes or hours, while others take days or even weeks to become apparent.
What are the Common Causes of Traumatic Brain Injuries?
According to the CDC, the following are the common causes of traumatic brain injuries (TBIs):
The Common Types of Brain Injuries
There’s a wide array of brain injuries. The type determines the severity of the injury, the form of treatment as well as the time required to heal. The common types include:
- Open Injury- this occurs when an object penetrates the skull and makes its way to the brain. This usually happens when there’s a fast-traveling projectile
- Closed Injury- This happens when an object doesn’t penetrate the skull, but the brain sustains an injury. Closed brain injury is common in car accidents and slip and fall accidents.
- Deceleration Injury- this type of injury happens when your head is slammed against a hard surface. No penetration occurs, but the brain is slammed against the skull.
- Chemical or Toxic Injury- this occurs when the brain is exposed to toxins like carbon monoxide, lead, pesticides, etc. This is common in workplaces.
- Hypoxia- This is a type of brain injury that happens when your brain doesn’t get adequate oxygen. Hypoxia is usually caused by conditions like heart attack and stroke, but can also happen due to tumors, infection, and drowning.
What are the Symptoms of TBI?
Similar to all kinds of injuries, diseases and conditions, TBI has its share of unique symptoms. However, bear in mind that they can differ between individuals depending on the type of injury and its severity. Common TBI symptoms include
- Memory loss
- Trouble concentrating
- Emotional outburst
- Recurring headaches
- Balancing trouble
- Sensitive to noise or light
Why Should You See a Doctor After a TBI?
Detecting a TBI is not easy unless you have an open injury or the skull is affected. In addition, some brain injury symptoms may take weeks to become apparent, a period where the injury may have worsened. That’s why it is important to seek medical attention immediately after a head injury, even if you feel fine at the moment.
Reasons to Hire a Traumatic Brain Injury Lawyer in Florida
A TBI can have life-altering effects. That’s why it is advisable to seek compensation if the accident and injury were due to another party’s reckless, careless, or negligent acts. Unfortunately, the process of filing a personal injury claim is not easy, especially when it comes to matters like a traumatic brain injury.
In addition, the liable party’s lawyers and the insurance company will do everything possible to deny the claim and the compensation you deserve. Insurance companies are in business and therefore, they will aim to maximize profits and minimize expenditure, which includes liability claims.
With a TBI lawyer by your side, you can be certain that everything will become easier. Some of the reasons to work with the team at Steinberg Law include:
- Protecting your constitutional rights
- Fighting for your rights
- Help in gathering evidence
- Negotiating with the insurance company
- Representing your interests
- Ensuring you get the compensation you deserve
Can an Insurance Firm Get Your Past Medical Records?
Yes, the insurance firm has permission to get your past medical records. This is usually done to prove that you had no pre-existing condition, and search for anything that can help deny or reduce compensation.
What Happens if the Insurance Firm Doesn’t Cover Your Medical Bills?
When an insurance company fails to pay your medical bills, your best option is to take the case to court. This is another reason to have robust legal representation. Consider leveraging our initial free consultation to speak to an experienced TBI lawyer. We will assist you by guiding you through the entire process and making sure you have received the compensation you deserve.
What Compensation Can You Get for a TBI Claim?
It is difficult to determine the exact amount of settlement you can receive, as each case is different, usually due to the extent of the injury and the losses experienced. The only way to tell is by consulting a seasoned personal injury attorney. However, under Florida personal injury law, you are entitled to settlement for all losses sustained given the injuries experienced were due to the negligent acts of another party. Examples of compensation you can receive for a TBI include:
- Current and future lost income
- Past, current, and future medical expenses
- Non-economic damages for emotional anguish, trauma, pain and suffering, loss of consortium, and reduced quality of life.
- Funeral and burial expenses in case of wrongful death
The laws of Florida also stipulate that the judge can award punitive damages. These are designed to punish the party at fault when they are found to be extremely reckless or acted with malicious intent. They are also awarded to discourage other people from exercising similar acts.
What is the Deadline for Filing a Traumatic Brain Injury Claim?
In the state of Florida, all personal injury cases, including traumatic brain injury are assigned a 4-year limit from the date of the accident to file a claim. Failure to do so within this time window strips you of any legal grounds to make a claim. This is called the statute of limitations.
When it comes to wrongful death and medical malpractice, however, you have 2 years from the date of the incident to file a claim.
This might seem like adequate time, but given the complexity of these cases, and the potential hurdles during the filing process, it is wise to embark on the case as soon as possible. If you have been a TBI victim, hire a lawyer as soon as possible to ensure your case is within legal timelines.
Hire a Traumatic Brain Injury Lawyer In Palm Beach Gardens Today!
A severe brain injury can change your life or those of your loved ones forever. It not only has the potential to change the quality of your life but an effect on your financial status as well.
So, if the injury was due to the negligence of another party, seek legal representation as soon as possible in Palm Beach Gardens to get the compensation you deserve. Start by calling Steinberg Law offices at 877-783-4611 today!