Brain Injury Attorney in Big Pine Key

TBIs occur when a sudden external force causes damage to the brain. This kind of injury is the leading cause of disabilities and death in adults. TBI is a catch-all phrase that describes injuries to the brain that result in anything from concussions to coma and death. From a medical perspective, a serious brain injury can cause the victim to have a permanent disability. From a legal perspective, any brain injury caused by someone else's negligence is serious and should be treated as such.  

Motor vehicle accidents cause the majority of brain injuries. Although Florida is a no-fault insurance state, victims of accidents that lead to significant or permanent injury are able to step outside of the no-fault system and sue for compensation if the other driver was at fault. Other brain injuries may be the result of a fall or some type of violence, such as an assault or being shot. While violent offenders are handled through the criminal justice system, victims can also seek damages for injuries in civil court. People injured through negligence on someone’s property may be able to win compensation through a premises liability claim.

A brain injury can happen in one of two ways which are:

Closed brain injury - A closed brain injury happens when the brain is damaged with no break in the skull. For example, a rapid back-and-forth movement, such as a violent jolt from a car crash or sports tackle, can cause bruising, bleeding, and tearing of brain tissues.

Penetrating brain injury - A penetrating brain injury occurs when an object breaks through the skull causing damage to the brain. For example, if debris falls onto a worker at a construction site or a loose object pierces the skull from a car accident.  

Either scenario can cause primary and secondary brain injury. When an accident causes a brain injury, the injury may be complete after the incident. Secondary damage may occur afterward from changes in the brain related to the original injury, such as swelling and internal bleeding or chemical imbalances.

Many studies have shown that once brain cells are damaged or destroyed, by and large, they don't regenerate. Still, recovery after a brain injury is possible, and younger victims have a better chance. Every person recovers from brain injuries at their own unique pace. It may take months, years, or a lifetime. Recovery may require the skills of expensive medical professionals such as neurologists, physical therapists, speech pathologists, psychologists, and rehabilitation nurses. These medical professionals deal with a range of problems that can be brought on by a brain injury, such as:

Cognitive issues

• Confusion
• Attention span problems
• Issues with problem-solving, judgment, and understanding abstract concepts
• Decreased awareness

Motor skill issues

• Paralysis
• Lack of coordination
• Weakness
• Tremors
• Problems swallowing

Sensory issues

• Changes in smell, touch, hearing, vision, and taste
• Loss or increased sensation of body parts

Communication and language issues

• Problems speaking and understanding others' speech
• Problems reading and writing
• Decreased vocabulary
• Issues with the identification and use of objects

Day-to-day functional issues

• Problems with bathing, dressing, and eating
• Problems with operating appliances, devices, machinery, and driving
• Loss of organizational skills required to pay bills, shop, and tend to household chores

Personality changes

• A loss of inhibition may lead to anger, aggression, and inappropriate behavior
• Depression and anxiety
• Loss of motivation
• Uncontrollable emotional outbursts

Treatments for brain injuries can cost between $1,000 and $8,000 per day depending on if you receive outpatient therapy or hospital-based rehabilitation. All of these should be considered when asking for fair compensation. We understand that it is a stressful time, and you’re worried about the cost adding up. However, insurance companies know this and may prey on your vulnerability. We urge you not to settle until a meaningful and fair offer is made. Morgan and Morgan can help you determine what kind of offer will provide you with reasonable compensation.

Although motor vehicle accidents are a leading cause of brain injuries, falls and being struck by objects are other common causes. These kinds of accidents can result in the victim being burdened with unexpected expenses and lost income. Brain injuries that occur on someone's property due to dangerous conditions may make them liable to pay for the victim's medical costs, income loss from being unable to work, and other losses related to the accident. Our brain injury lawyers in Big Pine Key have extensive experience working with victims of TBIs caused by negligent property owners.

Property owners have an obligation to ensure the safety of visitors and guests, whether it's a business or private residence. Premises liability is the failure to maintain a safe environment for invited visitors and guests. Property owners are negligent when they fail to take steps to correct or warn of dangerous conditions. For example, broken tiles, loose stair rails, or spilled liquids can cause someone to lose their balance and sustain a brain injury. Likewise, an unsecured object can fall on someone's head and cause an injury, like improperly stacked merchandise or even a poorly installed lighting fixture.

Property owners usually carry premises liability insurance to cover accidents. However, they or their insurance company may try to minimize injuries or place the blame on the victim to avoid costly payouts. To win fair compensation in the case of such an accident, you may need the help of one of the attorneys at Morgan and Morgan Law Firm.

Premises liability claims require the establishment of facts and the gathering of evidence. To be successful, we must demonstrate that the property owner knew or should have known about the dangerous condition yet didn't take the appropriate steps to address it, which ended up being the cause of your injury. The following elements are crucial to recovering compensation for an accident on someone's property:

• The owner had a duty of care to guests and visitors.
• The duty of care was breached because of their actions or inactions. For example, they created a dangerous condition and didn't warn others, or they knew or should have reasonably known of a hazardous condition and did not fix it, such as a loose handrail.
• The breach of duty of care was the reason for the victim's injuries. To be successful, we will need to show that the dangerous condition on the defendant's property presented an unreasonable risk to visitors that you could not have foreseen. For example, when you go skateboarding, you assume a risk that you may get injured in a fall. However, suppose the skateboard park owner has crumbling and broken cement patches that cause skaters to crash. In that case, that is not a danger that visitors would anticipate.
• The injuries resulted in damages. While a dangerous condition can exist on a property, you would not have a claim without some form of injury or other loss. Damages are requested of the court to make an injured victim whole after the event. For example, medical bills are usually considered part of damages in a civil case.

Evidence is crucial for any brain injury claim or lawsuit. Our brain injury lawyers in Big Pine Key recommend taking these steps after being involved in an accident:

Seek medical attention - Blows to the head can cause delayed symptoms. Any type of accident that involves head trauma should be taken very seriously, and the victim should go to a hospital to be evaluated. Delays can complicate injuries that don't seem severe at first. Besides being protective of your health, getting medical attention helps to build a liability case.

Gather evidence - Keep a tally of all expenses incurred due to the injury, including medical bills and receipts. Get copies of all medical records and other documents pertaining to the accident, such as witness contact information. Document any correspondence you have with parties involved in the accident, including their insurance representatives. Take care not to admit any fault when communicating with involved parties.

The amount of compensation you can expect to get from a brain injury will vary depending on the unique aspects of your case. Again, a critical component of any claim is the extent of the injury and how long it takes to recover. A mild brain injury may cost $100,000 in medical bills, while significant damage may require millions to treat. Getting the maximum compensation possible is essential for most victims of head injuries.

Brain injury claims can be complex, especially if you were injured in a motor vehicle accident under Florida's no-fault insurance law or on someone else's property. In the instance of catastrophic brain injury, the compensation figure can creep into the millions, which means the other party's insurance company is going to bring out the big guns to defeat you. With our brain injury lawyers in Big Pine Key on your side, you have a fighting chance to prevail.

Significant brain injuries may require ongoing medical care, perhaps even life-long, of which the costs need to be accounted for in your claim. We have extensive experience negotiating with insurance companies to ensure our clients get the kind of medical care they deserve and get compensation for other losses that are frequently tied to brain injuries, such as loss of enjoyment of life.

Although rare, when a lot of money is at stake, we may need to battle with the negligent party's insurance company in court if negotiations stagnate. In these instances, it's not uncommon to be awarded substantial sums. Obviously, the legal arguments and evidence presented are a huge part of any win. Still, we find juries see through the bluster of insurance company lawyers who simply want to preserve their company's bottom line rather than pay fairly on a legitimate claim.

Contact Morgan and Morgan today for a free case evaluation. We may be able to help you hold negligent individuals responsible. You deserve to have the best chance at recovery and have a right to make liable parties pay for the harm their actions or inactions brought about. We can work to ensure that happens.