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Head and brain injuries are among the most serious types of injuries a person can suffer. Victims of traumatic brain injuries (TBIs) are likely to require extensive medical care and may suffer damage that leads to long-lasting or even lifelong impairments.
At Zimmerman & Frachtman, P.A., we recognize the devastating impact brain injuries have on victims and their families. If you believe your or your loved one’s injury was caused by someone else’s negligence, you could be entitled to compensation for your medical expenses, lost income, future damages, and pain and suffering. Our attorneys can help you fight for the maximum recovery you are owed—to date, we’ve recovered over $300 million in compensation for our clients.
Call (954) 504-6577 or contact us onlinefor a FREE consultation with one of our Florida brain injury lawyers.
Types of Brain Injuries
Brain injuries are categorized in several ways. First, there are traumatic brain injuries (TBIs) and acquired brain injuries (ABIs).
- An ABI refers to any type of brain damage that happens after birth, including damage caused by infection, disease, oxygen deprivation, or a blow to the head. Non-traumatic brain injuries, like those caused by strokes or near-drowning, are types of ABIs.
- A TBI, which is a type of acquired brain injury, results from a traumatic event, such as a car accident or fall. TBIs may be closed-head injuries, where the brain is injured without an external blow, or open-head injuries, where the brain is injured due to a physical impact to the head.
In addition, there are brain injuries that are congenital / hereditary, meaning they are present at birth due to genetic defects or even because of toxic exposure and dangerous products or pharmaceuticals.
Common types of brain injuries include:
- Anoxic brain injuries
- Brain infections
- Diffuse axonal injuries
- Penetrating head injuries
- Skull fractures
While some brain injuries are milder than others, all brain injuries are considered serious. If you suspect you or someone else may have suffered a brain injury, seek immediate medical attention.
How Common Are Traumatic Brain Injuries?
TBIs are relatively common injuries, with an estimated 1.7 million people—including about 475,000 children—suffering serious brain injuries every year. The most common type of TBI is a concussion, which comprises roughly 75% of all TBIs annually.
Some key statistics on TBIs:
- More than 3 million people live with permanent disabilities due to TBIs
- Every year, about 52,000 people die after suffering a TBI
- TBI is a contributing factor to a third (30.5%) of all injury-related deaths in the U.S.
- Approximately 275,000 people are hospitalized with TBIs every year
- Nearly 1.4 people are treated and released from emergency departments for TBIs annually
What Are the Leading Causes of Brain Injuries in the U.S.?
Any serious accident or catastrophic event can lead to a severe head or brain injury. However, studies have found that TBIs are more likely to result from certain incidents.
The most common causes of traumatic brain injury in the U.S. include:
- Falls: Serious falls, including falls from heights and slip and fall accidents, are the leading cause of TBI, representing about 35% of all TBIs.
- Motor Vehicle Accidents: Passenger car, commercial truck, and motorcycle accidents account for about 17% of TBIs. This includes accidents between vehicles, as well as collisions with pedestrians and bicyclists.
- Workplace Accidents: On-the-job accidents and work-related injuries account for approximately 16% of all TBIs. This includes falls, explosions, and other serious incidents.
- Sports and Recreation Accidents: An estimated 10% of traumatic brain injuries result from sports (including youth sports) and recreation-related accidents, such as boating accidents, swimming pool accidents, or playground accidents.
- Violence: Criminal activity, such as assault/battery or domestic violence, is responsible for about 10% of traumatic brain injury cases.
When another person or entity is responsible for a serious injury, the victim (or their loved ones) can take legal action against the at-fault party.
Our Florida traumatic brain injury attorneys can evaluate your case and inform you of your rights and options. We recognize that no two cases are identical, which is why we follow a personalized approach to developing innovative legal strategies and building powerful, persuasive cases for our clients.
Brain Injury Symptoms
The signs and symptoms of a brain injury depend on both the type and severity of the injury. They can appear as physical, behavioral, or sensory symptoms and will likely range in severity depending on the degree of injury, victim’s health, and other individual and conditional factors.
Some of the most common signs that someone has suffered a brain injury include:
- Loss of consciousness (brief or prolonged)
- Disorientation and confusion
- Memory loss, especially of the accident
- Dizziness, nausea and/or vomiting
- Headache, especially one that persists or worsens
- Drowsiness or fatigue
- Issues with coordination and/or balance
- Difficulty speaking/slurred speech
- Blurred vision, ringing in the ears
- Bad taste in the mouth
- Sensitivity to light and/or sounds
- Difficulty concentrating
- Depressed mood/anxiety
- Mood swings and other behavioral changes
- Irritability and/or agitation
- Insomnia or excessive sleeping
- Seizures and coma
While severe injuries can certainly cause very serious symptoms, brain injuries are notorious for their unpredictable effects. Victims should also seek medical attention following a head injury, regardless of how mild the injury appears.
Proving Liability in a Brain Injury Case
Like other personal injury cases, the success of a brain injury claim depends on several factors. As the person bringing the claim (known as the “plaintiff”), you have the burden of proof. This means you must prove that the other person or party (known as the “defendant”) is liable for your damages.
In most cases, proving liability in a brain injury case involves proving the following:
- Duty of Care: You must first establish that the defendant owed you a duty of care. This means that they had some legal responsibility to reasonably avoid causing injury or harm.
- Breach: Next, you must prove that the defendant breached the duty of care. Typically, this involves demonstrating that they were negligent or acted wrongfully.
- Injury: To have a case, you must prove that you were, in fact, injured. Establishing medical proof of your brain injury is a critical element of your case.
- Causation: Lastly, you must prove that the defendant’s negligent or wrongful conduct was the proximate cause of your injuries and, therefore, your damages.
Our Florida brain injury attorneys are well-versed in the state’s personal injury laws, as well as statutes related to motor vehicle accidents, workplace accidents, premises liability, and more. We can help you determine if you have grounds for a case, as well as the potential value of your claim.
How a Brain Injury Attorney Can Help
Proving a brain injury claim can be very challenging without the help of an experienced attorney. These are highly complex injuries; proving that your TBI resulted from a catastrophic accident or event will likely require the testimony of expert witnesses and medical professionals with experience in this area.
At Zimmerman & Frachtman, P.A., we have access to a team of industry professionals, including accident reconstructionists, medical experts, and others. We can not only use these resources to build a powerful case on your behalf but also help ensure that you get the critical medical care you need.
When you work with a brain injury attorney at our firm, we can assist you with the following:
- Finding a doctor and obtaining medical care
- Communicating with the insurance company for the liable party
- Gathering applicable evidence in support of your claim
- Filling out and filing necessary paperwork
- Negotiating a fair settlement on your behalf
- Preparing your case for litigation
- Representing you at trial if necessary
We strive to provide every client with the personalized attention and support they need throughout the legal process. Whether you sustained a severe head injury or your loved one was diagnosed with a debilitating TBI, our firm is ready to help you fight for the justice you deserve.
Call us at (954) 504-6577 today to request your complimentary consultation.
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