Traumatic Brain Injury Lawyer in Fort Lauderdale

According to the Centers for Disease Control and Prevention (CDC), 138 people die each day from traumatic brain injuries (TBIs). TBI survivors and their families could be facing extremely high medical costs, much pain and suffering, and in some cases, the inability to work ever again.

While this may feel like a hopeless situation, you may be able to file a claim for compensation if the injury resulted from another party’s negligence. Determining liability and proving negligence can be difficult, but you are not alone. To discuss your case with a knowledgeable Fort Lauderdale traumatic brain injury lawyer, call Farmer, Jaffe, Weissing, Edwards, Fistos, & Lehrman, P.L.: 954-524-2820.

What causes a TBI?

TBIs result from various types of trauma to the head or neck. Head injuries typically fall under one of two categories: open and closed.

Open head injuries occur when an object penetrates the skull or the skull breaks or fractures after coming into contact with a hard surface.

Closed head injuries occur due to a forceful impact or jolt to the head. The head does not outwardly appear damaged, but there may be blood clots or brain swelling inside the skull.

Open and closed head injuries result from various types of accidents including:

  • Slip and falls
  • Motor vehicle crashes
  • Assaults
  • Unintentional blunt trauma or being hit by an object
  • Sports-related accidents

What are common symptoms I should look out for?

If you or a loved one has been involved in an accident, there may not be any immediate signs of a head injury. In the hours and days that follow the accident, you should watch for the following TBI symptoms:

  • Excessive fatigue
  • Confusion and dizziness
  • Memory loss
  • Irritability
  • Loss of consciousness
  • Severe headaches
  • Numbness
  • Nausea

What are the consequences of a TBI?

TBIs can range from mild to severe. Mild TBIs might lead to troublesome symptoms such as short-term confusion, severe headaches, and nausea, but severe TBIs are much worse.

Severe brain injuries can result in long-term consequences that significantly affect the lives of victims and their families. Some of these include:

  • Cognitive deficits
  • Paralysis
  • Communicative difficulties (e.g., slurred speech, difficulty speaking, problems writing)
  • Loss of vision and hearing
  • Seizures
  • Chronic pain
  • Depression

What kind of treatment will my TBI require?

Your treatment will depend on the severity of your TBI. Mild TBIs typically do not require treatment and will go away with rest and over-the-counter medication. If a mild TBI worsens however, that person will have to seek professional treatment.

Moderate and severe TBIs will require more intensive treatment. Some accident victims will have to undergo surgery to remove blood clots or repair skull fractures.

Many people will also have to endure grueling therapy and rehabilitation. The purpose of this is to help brain injury victims regain motor function and the ability to walk, talk and care for themselves.

Patients with TBIs will often have to undergo:

  • Psychiatric care
  • Occupational therapy
  • Physical therapy
  • Speech therapy
  • Cognitive therapy

The victim and the victim’s family may also have to meet with a vocational counselor, social worker and TBI nurse specialist to help manage all aspects of the victim’s day-to-day life.

Depending on the severity of your TBI, the lifetime costs can reach $3 million, according to the University of Alabama at Birmingham Traumatic Brain Injury Model System.

Paying for these costs can seem impossible, especially if you or your loved one is unable to return to work. However, all hope is not lost. If another party’s negligence caused the injury, you may be able to recover compensation.

How can I recover compensation for my TBI?

Florida law allows accident victims to recover compensation for their injuries if they can prove that another party caused the accident and their injuries. Whom you file with depends on how the accident occurred.

For example, if your injury resulted from a car accident, you can file an injury claim with the other driver’s insurer. If you were injured in a slip and fall at a grocery store, you would file a claim with the store’s liability insurance company.

Filing a Claim

Filing an insurance claim requires that you prove negligence. To prove negligence, you must establish the following:

  • Duty: The defendant (negligent party) owed you a duty of care. For example, in a grocery store slip and fall, the store owner owed you and other customers a duty to keep you safe on his property.
  • Breach: The defendant breached that duty. Using the example above: the defendant may have breached his duty if he neglected to clean up a spill in an aisle.
  • Causation: The breach of duty must have been the proximate cause of your injuries. You must be able to prove that your injury would not have occurred but for the defendant’s negligence.
  • Damages: You will need to prove that you suffered damages in the accident (e.g., medical bills, lost wages, pain and suffering, etc.)

Establishing these elements is difficult. Our attorneys have a combined 150 years of experience:

  • Determining liability
  • Gathering evidence
  • Working with experts to prove negligence
  • Negotiating with insurers
  • Litigating for our clients

We will manage your case from the get-go, ensuring that you have all the necessary evidence to prove your case while simultaneously preparing your case for court in case the insurer refuses to offer you the settlement you deserve.

What can I recover?

If you are successful in proving your negligence case, you may recover damages from the parties liable for your injury. Damages can cover the following:

  • Medical expenses: This can include costs for medication, treatment, rehabilitation, physical therapy, hospital stays, in-home care, etc.
  • Lost wages: You can recover compensation for all wages you have already lost due to the accident.
  • Loss of future earning capacity: Some TBI victims are unable to return to work full-time; some are unable to return at all. You can recover compensation for your loss of earning capacity, whether that is a partial or full loss.
  • Emotional damages: A TBI has huge emotional costs. Victims and their families can recover compensation for all the emotional damages sustained.

While nothing can erase the physical suffering and emotional turmoil you have experienced, financial support can make a world of difference to you and your family. You can and should hold the person responsible for your injury or your loved one’s injury held liable for the pain he or she has caused you. The attorneys at Farmer, Jaffe, Weissing, Edwards, Fistos & Lehrman, P.L. have years of experience representing traumatic brain injury victims in a variety of cases and would be honored to do the same for you.

Call us today at 954-524-2820 to schedule a free consultation to see how we can help you.