Brain Injury Attorney in Naples

A traumatic brain injury (TBI) is a head injury that “disrupts the normal function of the brain,” according to the American Association of Neurological Surgeons. But what kind of impact can cause such a severe injury?

A powerful and direct impact to the victim’s head, such as an auto accident or by falling construction material, is what typically comes to mind. But the medical community is coming to understand just how sensitive the brain can be, and that significant injuries can be caused by moderate or even minor blows to the head.

The sensitivity of the brain also means that sometimes a brain injury can be caused by something other than a blow to the head. The brain has no attachment to the skull, and sits inside it cushioned only by fluid. That means too rapid an acceleration, deceleration, or even a change in direction can cause it to move around inside your skull. This is called a closed head injury, and shows just how easy it is to sustain a brain injury.

More severe forms of TBI can cause major cognitive issues, but even less severe forms can cause issues like:

• Seizures;
• Memory loss;
• Headaches;
• Difficulty with concentration;
• Personality changes; or
• Psychological symptoms.

One of the most troubling parts of TBI is that it can be exceedingly difficult to spot. CT scans may be able to spot more severe cases of TBI, but many others require extensive observation and testing, and may not be noticed immediately.

In order to receive compensation for your brain injury case, four different elements of the case need to be proven:

Duty of Care: The duty of care is a legal obligation requiring a person to act toward others with the watchfulness and prudence that a reasonable person would use in a similar situation. For instance, drivers have a duty of care to other people on the road to obey the rules of the highway and drive as a reasonably prudent person would under similar circumstances.

Breach of Duty: With a duty of care established, it now has to be proven that this duty was breached by the other party’s negligence. If a driver crashes into someone because they were distracted by texting, this could be seen as a breach of duty.

Causation: The breach of duty must be proven to be the direct cause of the brain injury.

Damages: It must be proven that the injury, caused by a breach of duty, was suffered in such a way that there are damages that must be compensated (medical expenses, lost wages, pain and suffering, etc.)

Proving any of the elements above can be exceptionally difficult, and you may need the assistance of a seasoned brain injury attorney.

Our knowledge of brain injuries and how they can be caused allows us to go to work immediately in investigating and researching your case. We can investigate your claim by examining your medical records, working with medical experts to explain the severity of your injury. In doing this, we can also determine and explain the damages you have endured and the necessities you will need in the present and future as a result, and what compensation you are owed for these.

TBI is one of the most traumatic injuries an individual can suffer. If you believe you’re a victim of another’s negligence and have suffered greatly due to the injury, don’t be afraid to reach out to our team of knowledgeable Morgan & Morgan attorneys.

Have you or someone you love in the Naples area suffered a traumatic brain injury? If so, fill out our free, no-obligation case review form to find out if one of our brain injury attorneys can help you.