When you suffer trauma to the head, many aspects of your life can become more difficult or unmanageable. You and your family could be experiencing mounting medical bills and loss of quality of life. If you suffered a catastrophic injury to your brain due to the negligence of another, you might be entitled to compensation.
A Boca Raton traumatic brain injury attorney could walk you through your case and help you hold the negligent party responsible for your injuries. Reach out to a seasoned catastrophic injury attorney from Kogan & DiSalvo today.
Preparing Traumatic Brain Injury Cases
Experienced lawyers understand that traumatic brain injury (TBI) cases are treated differently than “orthopedic” injury cases. Orthopedic injuries are wounds that a person can see, whereas traumatic brain injuries often are not visible on diagnostic tests such as CT scans or MRIs.
Lawyers who are seasoned in traumatic brain injury cases may prepare by getting experienced doctors to serve as expert witnesses. Expert witnesses are crucial in TBI cases as they can clearly explain to a jury the injuries they may not be able to see on MRI film.
Often, someone suffering from a TBI will outwardly appear fine but could be suffering from severe head injuries, including frequent and severe headaches, dizziness, trouble concentrating, loss of hearing, and memory loss. Traumatic brain injury lawyers in Boca Raton may use this fact as a part of their strategy when fighting for damages for the victim.
Common Causes of TBIs
A TBI is caused by a blow or other traumatic injury to the head or body that causes the brain to compress, shift, or slam against the skull. The list of possible accidents which can lead to a TBI is nearly endless, but the following are some of the more common examples:
- Falls: This may be a fall from a high object, such as a bed, ladder, scaffold, or down the stairs. It could also result from slipping on a slippery surface.
- Motor vehicle collisions, where the victim’s head may strike a stationary object, a moving object may strike the victim’s head, or the victim’s head may be violently jerked upon impact.
- Sports injuries, which could occur in sports such as soccer, hockey, football, baseball, lacrosse, skateboarding, or other contact or extreme sports.
- Assault and violence.
- Being struck by moving or falling objects, which is common in workplace and construction accidents.
- Medical malpractice, such as a surgical error.
Symptoms of Traumatic Brain Injuries
Due to the severity and long-term repercussions of a TBI, it is crucial to spot the symptoms of a brain injury as soon as possible in order for the victim to begin medical treatment immediately. Here are some of the symptoms commonly associated with TBIs:
- Persistent headache or a headache that worsens
- Repeated vomiting or nausea
- Drowsiness or fatigue
- Seizures or convulsions
- Loss of balance or coordination or dizziness
- Troubles with speech
- Ringing in the ears
- Blurred vision
- Dilated pupils
- Difficulties with ability to smell
- The draining of clear fluids from the ears or nose
- A bad taste in the victim’s mouth
- Sensitivity to sound or light
- Loss of consciousness for any period of time
- A state of being disoriented, confused, or dazed despite remaining conscious
- Troubles with concentration or memory
- Problems awakening from sleep
- Numbness or weakness in the fingers or toes
- Combativeness, agitation, or other unusual behavior
Because the brain controls everything you do, a TBI can lead to long-term consequences that are often severe, and sometimes even fatal. The resulting physical, emotional, and financial fallout for you and your family can be devastating and overwhelming. Here is a list of some of the common long-term consequences caused by Traumatic Brain Injuries:
- Loss of memory
- Changes in personality
- Muscle weakness
- Loss of vision
- Diminishing mental capacity
- Impaired speech
- Difficulties with coordination
Evidence in Head Trauma Claims
Some examples of evidence in TBI cases include the testimony of the injured person and the testimonies of family and friends who can explain how the injuries have affected the injured person’s life. Other pieces of evidence may include expert testimony from neurologists, psychologists, and radiologists. These experts can explain the plaintiff’s head trauma, diagnostic test results, and the diagnostic scans themselves, including CT and MRI films.
The injured person plays an essential role in gathering evidence to support their TBI case. The individual should prepare to have an open and honest discussion with their attorneys regarding their injuries and how the injuries affect their life. Skilled Boca Raton attorneys who are familiar with traumatic brain injury cases could collect the necessary evidence for the individual’s case based on their injuries and the circumstances of their case.
Do Not Fall For This Insurance Company Trick
If you suffer a TBI in Palm Beach County, the insurance company representing the defendant may very well try to take advantage of you in your vulnerable state. Insurance companies are businesses with a singular focus on the bottom line, so their top priority is to minimize the amount of financial compensation that you receive. They know that you are experiencing a significant amount of physical, emotional, and financial pain and stress, and you may be operating at a diminished mental capacity. With that in mind, they will try to pressure you to agree to a settlement offer that is almost always far below the true value of your claim. No matter what the insurance representative tells you, you do not have to agree to any settlement at any time.
Instead, the catastrophic injury law firm of Kogan & DiSalvo strongly recommends that you consult with an experienced Traumatic Brain Injury lawyer in Boca Raton as soon as possible to – among other things – determine the approximate financial value of your claim. Armed with that information, you will know whether any settlement offer proposed to you is reasonable and fair.
Initial Consultation on a TBI Case
As soon as the injured person or a proxy for the victim contacts a TBI attorney, work on their case can begin. During an initial consultation, traumatic brain injury attorneys in Boca Raton may want to find out several crucial pieces of information from the injured individual. These key pieces of information include but are not limited to:
- Basic identifying information of the injured person
- How the injury occurred
- Who may be responsible for causing the injury The extent of the injury to date
- Any doctors or medical facilities the injured person has seen related to their injury
- Whether the injured person suffered from any preexisting conditions
- Any problems the injured party has suffered to date
- Whether there were any witnesses to the incident
- Whether there were any incident or police reports
Traumatic Brain Injury Damages
Damages involving catastrophic injuries such as TBIs tend to be greater because the injuries are more significant. A victim can be compensated for their past and future medical expenses, lost wages, and future loss of wages. Compensation from a TBI may also include subsequent internal complications, such as tissue damage, swelling, and lack of oxygen to the brain.
A victim of head trauma is also entitled to non-economic damages. A victim’s spouse may bring a claim for loss of consortium, which is essentially the loss of services from the injured spouse. These losses may also include loss of enjoyment of life.
It is the lawyer’s job to discuss the incident with the injured victim to fact find and evaluate their non-economic damages. The dedicated attorneys at Kogan & DiSalvo also work hands-on with the victim’s treating physicians to discuss the medical ramifications and damages.
Contact Boca Raton Traumatic Brain Injury Attorneys
If you or a loved one have experienced head trauma, you could be struggling to balance your rising medical expenses, the changes to your daily life, your insurance company claim, and the confusing legal process. A Boca Raton personal injury attorney could take some of the pressures you feel away by working with you on your TBI case. Reach out to our office at Kogan & DiSalvo today so you can focus on recovery and healing.