Practice Areas Serious & Catastrophic Injuries Brain Injury

Traumatic Brain Injuries Explained by Our Boca Raton Brain Injury Lawyers

Brain injuries are more prevalent than many people realize. According to the CDC, a traumatic brain injury (TBI) is any injury that disrupts the normal functioning of the brain. They can be caused by a penetrating injury or any blow, bump, or jolt to the head. Force to the head can cause the following: 

• Rattling, shaking, or twisting of the brain within the skull
• Chemical changes in the brain
• Damaged and stretched brain cells

Brain injuries can range from mild to severe, and as medical science advances, we have come to understand that even mild brain injuries can cause significant health issues. While you should seek medical attention no matter your symptoms, one way to classify these injuries are as follows: 

• Mild brain injuries are typically marked by a loss of consciousness for up to 30 minutes. Other symptoms that the victim may experience are nausea, a persistent headache, dizziness, clouded thinking, and sensitivity to light and noise. 
• Moderate brain injuries involve a loss of consciousness anywhere from 30 minutes up to 24 hours. Other symptoms include slurred speech, seizures, memory loss, and possibly fluid draining from the nose or ears. Moderate brain injuries often require hospitalization. 
• Severe brain injuries are those where the victim is unconscious for 24 hours or more. Victims may also experience loss of bladder and bowel control, difficulty speaking, and significant mobility issues. Severe brain injuries require extensive medical treatment and often result in long-term or permanent disabilities. 

Whatever your symptoms may be, listen to your body and schedule a thorough medical exam. Whether you have suffered a mild, moderate, or severe brain injury, a traumatic brain injury lawyer can help you start moving forward. 

A Boca Raton Brain Injury Lawyer Can Help You Get Fair Compensation

Depending on the severity of your brain injury, you could be facing severe challenges in the months and years to come. As a result, you may be entitled to compensation for the following: 

• Your current and future medical expenses
• Your lost income
• Your pain and suffering

One of the biggest challenges that TBI victims face is the impact that their injury will have on their ability to work. Serious brain injuries can make it difficult for just about anyone to do their job, meaning that many victims face long-term unemployment. As a result, calculating lost income – both your current lost wages as well as your future earning potential – is critical for TBI victims to get the compensation they need to move forward. A Boca Raton traumatic brain injury lawyer will know 

Brain Injury Cases Pose Unique Challenges for Patients

In addition to the high likelihood of long-term disability, one of the biggest challenges can be proving the injury itself. Many brain injury symptoms are subjective, unlike, for example, a broken arm. The fact that the symptoms are subjective, however, does not make them any less real. The insurance company will unfortunately attempt to downplay your injuries in an attempt to pay as little as possible on your claim. 

We are also learning more about how brain injuries can affect brain function as it pertains to the victim’s mental and emotional health. Many brain injury victims experience severe depression, anxiety, and other mental illnesses that researchers believe are caused by damage to the brain sustained in the injury.  

People who have suffered brain injuries as a result of someone else’s negligence need a knowledgeable and aggressive advocate on their side. Even if you don’t go to court, a Boca Raton brain injury lawyer can handle the entire claim process so that you can focus on rebuilding your life. 

FAQs About Traumatic Brain Injuries

Should I wait to pursue a claim until the full extent of my brain injury is known?

You do not need to wait until the full extent of your brain injury is known to begin the claim process. The timing can be an important consideration. A Boca Raton, traumatic brain injury lawyer, can discuss with you when is the right time to pursue your claim. 

How long do I have to pursue a claim for a traumatic brain injury?

Traumatic brain injury cases are subject to the same statute of limitations as any other personal injury case. Under Florida law, you have four years from the date of your injury in order to file a lawsuit. If you do not file before that time, you will lose all of your rights to compensation. 

Brain injury cases can benefit from this comparatively lengthy statute of limitations (many states impose a two-year deadline). It allows time for your injury to be fully diagnosed and for you to get some sense of whether a full recovery is possible and what it will entail. In turn, this allows you to confidently estimate the value of your claim. 

Unfortunately, most people cannot wait four years to pursue their claim. They need medical treatment, they can’t work, they can’t pay their bills, and they can’t take care of their families. They need help as soon as possible. A Boca Raton traumatic brain injury lawyer can help you with every aspect of your claim from coordinating your treatment to handling the legal issues. 

Should I accept the insurance company’s settlement offer? 

You may be surprised at how quickly the insurance company attempts to settle your claim. While many of these offers are unfair and do not cover the full value of the claim, the decision to settle is ultimately yours. Once you accept the offer, however, you have surrendered any rights you may have to additional compensation, even if your injury turns out to be more serious than initially thought. The best thing you can do is discuss your offer with a Boca Raton brain injury lawyer before accepting or rejecting it. They can evaluate the offer and explain what they think your claim may be worth.