Traumatic brain injuries (TBIs) can be insidious because after even a mild blow to the head, you might believe you are fine even as your brain continues to swell. Symptoms can include pain and disorientation, and possibly even death in certain cases. Seek emergency medical help immediately after any head trauma.
After your medical condition is stabilized and you are out of immediate danger, call a skilled catastrophic injury attorney for legal advice. Often, TBIs are caused because someone else acts recklessly or negligently, harming someone in their orbit. Our client-focused attorneys understand how a TBI can affect your life forever, with recurring medical care and the possibility that you cannot work in your chosen profession. A Lake Mary traumatic brain injury lawyer fights for exceptional insurance settlements or damages awards to secure your future.
According to the National Institute of Neurological Disorders and Stroke, a traumatic brain injury is caused by a forceful blow, jolt, or bump from an outside source to a person’s head or body or from a hard substance entering the brain. Not all blows are considered TBIs. The least dangerous TBIs cause short-term issues with cognitive function, motor skills, communication, and thought processes while the more severe forms cause permanent disability or death in extreme cases.
TBIs are primary when immediate damage is evident and secondary when the damage develops over time as the body reacts to the initial trauma.
Penetrating or “open” TBIs occur when the skull is pierced by solid matter that lodges or passes through brain tissue, such as a skull fragment or bullet. Non-penetrating or blunt TBIs are caused by a force that does not penetrate the brain but causes it to move inside the skull. Some people suffer both in one accident. Common situations resulting in TBIs include:
Any of these injuries can be caused by someone else acting below the threshold for acceptable behavior, which is a breach of the duty all people have to others with whom they interact. If bad behavior is the direct cause of an accident that causes a TBI, negligence is established, and a Lake Mary traumatic brain injury attorney can intercede to negotiate with insurance companies or file a lawsuit for compensation.
The Florida Legislature in 2023 made dramatic changes to the state’s tort laws, amending among other statutes what happens if an injured plaintiff is partially responsible for an accident and how much time they have to file a civil lawsuit to recover damages. The Florida Supreme Court decision in Hoffman v. Jones, 280 So. 2d 431 (Fla. 1973) permitted plaintiffs to file negligence lawsuits even if they were 99 percent responsible for the accident that caused them.
This pure comparative negligence doctrine changed when lawmakers adopted a moderate comparative fault doctrine in which a plaintiff cannot be more than 50 percent responsible for the accident that causes injuries to collect an award. In both cases, the resulting damages award is reduced by the percentage the plaintiff is found responsible. For example, if the defendant was speeding down Lake Mary Boulevard and smashes into the plaintiff who runs a yellow light at 17-92 but sustains a TBI, the jury will apportion responsibility and reduce the award accordingly.
Prior to tort reform, plaintiffs had four years to file injury lawsuits. Now, under Florida Statutes § 95.11 plaintiffs have two years from the date of the accident or if a TBI does not manifest itself immediately, from the date it is discovered. A Lake Mary brain injury attorney knows that nobody is infallible, and lawsuits have a filing deadline. We work hard to get you the highest damages award possible.
Suffering from a traumatic brain injury is frustrating, potentially life-threatening, and can affect your daily life well into the future, perhaps forever. You need adequate compensation for your medical care, lost wages, emotional trauma, and for what you have lost subjectively, the enjoyment of your life. It is only fair for someone else who caused your TBI to pay for your losses.
We thoroughly review evidence, talk to witnesses, study police and medical reports, and build the strongest case possible to win you the money you deserve. If you are injured in an accident caused by a negligent party, call a Lake Mary traumatic brain injury attorney to talk about it.
The Umansky Law Firm Criminal Defense & Injury Attorneys