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Brain injuries can result in life-changing consequences. In addition to an extensive rehabilitation process, brain injury victims may also be left dealing with seemingly insurmountable medical bills. Help in the form of monetary compensation may be available if the accident was caused by another person’s negligent, reckless, or intentional actions.
If you or a loved one has suffered a brain injury and are interested in filing a claim, or to learn more about possible remedies that may be available to you, call Zinda Law Group at (800) 863-5312 to receive a free case evaluation with one of our experienced Miami brain injury lawyers today.
For a free legal consultation with a brain injury lawyer serving Miami, call 800-863-5312
WHAT CONSTITUTES A BRAIN INJURY?
At the most general level, a brain injury is any type of damage to a person’s brain. A brain injury can be a consequence of physical trauma, such as a blow or jolt to the head. This form of brain damage is referred to as traumatic brain injury or “TBI.” A brain injury may also occur in the absence of physical trauma, such as when a person is exposed to toxic fumes or is deprived of oxygen. This form of brain damage is referred to as acquired brain injury or “ABI.”
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COMMON CAUSES OF BRAIN INJURIES
Causes of TBI
- Car accidents
- Truck accidents
- 18-wheeler accidents
- Sports-related injuries
- Military injuries
- Workplace injuries
- Intentional violence (e.g., fistfights or gunshot wounds)
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Causes of ABI
- Blood clots
- Infectious disease (e.g., meningitis)
- Toxic exposure
- Oxygen deprivation (e.g., drowning)
BRAIN INJURY STATISTICS
- An estimated 5 million individuals live with a disability due to traumatic brain injury in the U.S. alone.
- In 2014, an average of 155 people in the United States died each day from injuries that involved a TBI.
- The leading cause of TBI-related death generally varies by age: Falls are commonly the leading cause of death for persons 65 years of age or older; intentional self-harm is commonly the leading cause of death for persons 45-64 years of age; motor vehicle crashes are commonly the leading cause of death for persons 15-24, 25-34, and older adults older than 75; and homicide is commonly the leading cause of death for children ages 0-4 years.
- Males represent 78.8% of all reported TBI accidents and females represent 21.2%, with higher rates of TBI amongst males (959 per 100,000) than females (811 per 100,000).
- Estimated annual direct and indirect TBI costs are $76.5 billion.
HOW TO TELL IF A BRAIN INJURY HAS OCCURRED
Unlike many other injuries, a brain injury is not easily or readily detectable. This is because special equipment is typically needed to confirm whether a brain injury has occurred. However, there are certain signs and behavior symptoms that a person who has suffered a brain injury may exhibit. The presence of one or several of the following symptoms may indicate that a brain injury has occurred.
- Momentary loss of consciousness
- Temporary loss of vision
- Slurred speech
- Ringing in the ears
- Hypersensitivity to light
- Difficulty concentrating
- Prolonged or extended loss of consciousness
- Loss of speech
- Constant vomiting
- Extreme confusion or loss of memory
- Aggressive or agitated behavior
- Fluids draining from the nose or ears
- Dilation of pupils
WHAT TO DO IF A BRAIN INJURY HAS OCCURRED
1. Seek Immediate Medical Attention
When it comes to brain and head injuries, time is of the essence. Even if you only suspect that a brain injury may have occurred, it is nevertheless imperative that you seek immediate medical attention. If you suspect that you have suffered a brain injury, do not drive to the hospital or doctor. Instead, call 911 and inform the operator or dispatcher of the circumstances that led to your injury. Remember, every second counts. Seeking prompt medical attention may be the difference between life or death.
2. Document the Accident
After seeking medical attention and following your recovery, do the best you can to “document the accident.” This means creating an organized record of documents or other items that relate to your injury. For instance, if you sustained a brain injury in a car crash, create a personal file that contains documents such as photographs of the accident, photographs of your injuries, witness statements, an accident report, medical bills, pharmacy bills, and car repair estimates. Documenting the accident will make it easier for you to keep track of events relating to your accident and the costs you incurred as a result of your injuries. Documenting the accident may also be helpful in substantiating the merits of any claim that you may have.
3. Contact a Brain Injury Attorney
If your accident and injuries were caused by the negligent, reckless, or intentional acts of someone else, you may be able to seek compensation for the costs you incurred as a result of your injury by filing a lawsuit against the at-fault party. Before speaking with any insurance companies or agreeing to a settlement agreement, contact a personal injury attorney who handles brain injury lawsuits. A quick consultation with a Miami brain injury attorney may provide you with more insight as to the rights and remedies that may be available to you. Speaking with an attorney before agreeing to a settlement may also help ensure that you do not forfeit any of your legal rights.
TYPES OF BRAIN INJURY COMPENSATION
A brain injury victim may be able to pursue compensation by filing a claim against the person or entity responsible for causing the accident and resulting injuries. This compensation is referred to as “damages.” The damages that may be awarded to a brain injury victim vary depending on the facts and circumstances of the case. In general, the damages can be separated into two categories: economic damages and non-economic damages.
Economic damages are the quantifiable, objective costs incurred by a brain injury victim following an accident. In brain injury lawsuits, the primary forms of economic damages may include:
- Medical bills
- Pharmacy bills
- Rehabilitation bills
- Lost wages
- Loss of earning capacity
- Property repair costs
Non-economic damages refer to the intangible costs incurred by a brain injury victim following an accident. In contrast to economic damages, non-economic damages cannot be easily tracked or quantified. Rather, it is typically the jury’s responsibility to evaluate the extent and amount of a brain injury victim’s non-economic damages. Types of non-economic damages in a brain injury lawsuit may include:
- Physical pain and suffering
- Emotional distress
- Disfigurement and disability
- Loss of companionship
- Loss of consortium
Given the severe nature of most brain injury cases, it is not uncommon for the damages in a brain injury lawsuit to be hundreds of thousands of dollars. These costs reflect the lifelong impairments that a brain injury victim faces. Consulting with an experienced Miami brain injury attorney may help a brain injury victim better understand the nature of the case, the merits of any claims that may exist, and the types and amounts of damages that may be available. Consulting with an attorney may also ensure that the victim’s rights and long-term interests are protected to the fullest extent possible.
VICTIMS FILE A CLAIM WITHIN THE STATUTE OF LIMITATIONS
As with most other personal injury cases, there are legal time limits with which a brain injury victim must be familiar. These time limits, known as a “statute of limitations,” require a brain injury victim to file a lawsuit within a certain amount of time following an accident. If a brain injury victim fails to file a lawsuit within the applicable statute of limitations, the victim may forfeit some or all of his or her legal remedies.
Florida has a four-year statute of limitations for personal injury cases. This means that a brain injury victim has four years from the date of the injury to file a lawsuit. For example, if you sustained a brain injury in a car crash on February 1, 2020, you would have until February 1, 2024 to file a lawsuit.
Because filing a timely lawsuit is critical to the outcome or viability of a case, and because certain circumstances may extend or “toll” a statute of limitations, it is often in a brain injury victim’s best interests to consider discussing his or her case with a personal injury attorney. Doing so may help ensure that a lawsuit is timely and properly filed.
LET ZINDA LAW GROUP FIGHT FOR YOU
The at Zinda Law Group have years of experience navigating, settling, and litigating brain injury claims. We understand the obstacles a brain injury victim faces following an accident. That’s why we insist that you let us handle your claim and focus on protecting your rights while you devote your time and energy to getting well as soon as possible.
If you would like to discuss the details of your case with an experienced Miami brain injury attorney, or to learn more about the claim filing process, call Zinda Law Group at (800) 863-5312 to receive your free case evaluation. You do not owe us anything unless we win your case. That’s our No Win, No Fee Guarantee.