There are many horrible injuries that can result from accidents caused by someone’s negligence, but one of the worst might be a traumatic brain injury because the consequences can be lifelong and catastrophic.
A Florida traumatic brain injury attorney with Lytal, Reiter, Smith, lvey & Fronrath may be able to help you recover compensation if you or a loved one was injured due to someone’s carelessness or recklessness. Please contact us online or call (561) 655-1990 to schedule your free case evaluation.
What to do after a traumatic brain injury accident (TBI)
Following any head injury, it’s extremely important that you take it easy and avoid any strenuous physicalactivities such as trying to clean your entire house, or working out aggressively. You may also want to avoid activities that require a great deal of concentration because it could cause undue strain on your brain. Obviously, you also don’t want to participate in any activity that could likely result in another head injury.
All of these precautions are necessary so that you don’t risk worsening your injury or symptoms, or delay recovery. After you’ve been cleared by your doctor to return to your regular routine, try to do it gradually and return to your doctor should any of your symptoms return.
Causes and symptoms of a traumatic brain injury
The most common cause of a TBI is a violent impact to the head. When a TBI is mild, it may only have a temporary effect on brain cells. A more serious TBI, such as one with torn tissue or nerve damage could have potentially debilitating or life-threatening complications.
TBIs cause changes in brain chemistry that affect many areas of your life, including mobility, concentration, memory, and personality. In the event of a head injury, seek medical care immediately, especially if the injured person is experiencing any of the following symptoms:
Loss of consciousness for any amount of time
Confusion or disorientation
Blurred vision or tired eyes
Fatigue or lethargy
Ringing in the ears
Nausea or vomiting
Change in sleep patterns
Weakness or numbness in limbs
Headache that won’t go away or continually worsens
Behavioral or mood changes
Concentration and memory problems.
When to file a claim
It’s very important that you take action as soon as practicable after sustaining your TBI–the faster you hire an attorney, the faster they can begin an in-depth investigation into your case to determine all liability parties and the amount of compensation you’re entitled to.
Your deadline to file a personal injury claim for your TBI is four years after you sustained the injury. Failure to file a timely claim will result in the forfeiture of your ability to seek damages for your injuries.
Potential damages you can claim
If you have a valid personal injury claim, you may be entitled to a broad range of damages to compensate you for your injuries and financial losses. However, the amount you can receive depends on the circumstances of your accident and the severity of your TBI and your other injuries. In order to collect those damages, you must prove that you’re entitled to the requested amount which can be difficult to do without an experienced attorney on your side.
Damages are broken down into economic and non-economic categories.
Economic damages are easily quantifiable based on costs incurred or those that are likely to occur. They include medical expenses related to the accident, anticipated future medical costs, lost wages, and anticipated lost future wages.
The short- and long-term medical expenses are part of the economic damages you can recover, which can quickly amount to thousands upon thousands of dollars. These expenses can include:
Emergency room treatment
Rehabilitation or therapy
If your TBI impacts your ability to work and hinders your ability to support yourself and your family, any wages you lost during recovery and your lost earnings potential will be included in your damages award. If you lost work benefits such as vacation and sick leave, you may be able to recover compensation for those benefits, too.
Non-economic damages are much less straightforward than economic damages because they aren’t tangible. Instead, they include pain and suffering, emotional distress, permanent disability or disfigurement, and loss of consortium or companionship (when a spouse or partner dies) as a result of the accident.
A TBI can cause the victim to experience a substantial amount of mental and emotional trauma. They might even experience a profound change in behavior which could cause them to lash out at their loved ones and caregivers out of frustration of their diminished ability to perform basic tasks.
Determining the appropriate amounts for psychological and emotional distress will require the input of additional medical experts such as psychiatrists and will rely upon the proper application of similar lawsuits within the jurisdiction of your case.
Diminished quality of life
As horrible as the physical and cognitive effects of a TBI can be, the loss or change in one’s quality of life can be just as devastating. A permanent disability or disfigurement can change the way a person looks, is viewed by the world, and experiences their life, all which may have a negative impact on their overall well-being and their ability to enjoy their life to the same level and extent as they did before the injury.
How to deal with insurance after a traumatic brain injury
The best way to deal with an insurance company after an accident that results in a TBI is to simply not deal with them at all and to let your attorney speak with them instead.
Insurance adjusters are notorious for trying to get accident injury victims to make a mistake or to trick them into saying something that could be construed as admitting fault. This could be even a higher risk when someone is cognitively compromised.
Cost of hiring a traumatic brain injury lawyer
Some accident victims are hesitant to hire a lawyer because they assume they can’t afford it. At Lytal, Reiter, Smith, lvey & Fronrath, we work on a contingency basis. This means that we won’t earn a dime unless you obtain the compensation you deserve. You won’t pay anything out of pocket.
Resources for brain injury survivors in Florida
Thankfully, Florida has several resources for victims of TBIs to get the help and support they need while recovering from their injury and the lifelong impacts it may have.
The attorneys with Lytal, Reiter, Smith, lvey & Fronrath are passionate about helping TBI sufferers in any way we can. We’ve compiled a list of support groups throughout Florida, all which provide invaluable assistance in a variety of ways.
Civil rights protection and advocacy
TBI victims might need access to assistive services and technology which is exactly what these and other groups provide.
Independent living centers help people with several different types of disabilities learn how to take care of themselves as much as they possibly can. They offer information on services and in many cases also offer peer counseling, skills training, and much more.
Parent Support Network
The Parent Support Network (PSN) mainly serves Central and Northeast Florida and helps the parents of children with TBI get the training they need to live the most productive lives possible.
How our Ft. Lauderdale brain injury lawyers can help
Please contact a Florida traumatic brain injury attorney with Lytal, Reiter, Smith, lvey & Fronrath for more information on how we may be able to help you obtain full and fair compensation for the terrible TBI you’ve suffered. Use our online form or call (561) 655-1990 to schedule your free consultation as soon as you can.
Discover your legal options today.
Lytal, Reiter, Smith, Ivey & Fronrath
515 N Flagler Dr, 10th floor
West Palm Beach, FL 33401
1860 SW Fountainview Blvd STE 100
Port St. Lucie, FL 34986
150 E Palmetto Park Road Suite 840
Boca Raton, FL 33432