If you or a loved one has suffered a traumatic brain injury (TBI), you may be wondering where to turn and how to get the help you need. That help may be needed not only for the present but also for the foreseeable future since traumatic brain injuries can lead to lifelong challenges.
In addition to dealing with the physical issues associated with a traumatic brain injury, you may also be dealing with significant financial and emotional issues as well.
Feelings of sadness, frustration and loss are common following a brain injury. In some instances, these feelings become overwhelming, even interfering with recovery and turning into full-blown depression.
A person who’s suffered a traumatic brain injury may be unable to return to their former life for months, years or sometimes even forever.
In situations where the injured person is the primary provider for the family, it can become difficult, if not impossible, to pay even the most basic monthly expenses. Medical bills can begin stacking up quickly, with few options to pay them.
If you find yourself in this stressful situation, Redondo Law can fight for your rights and your future by helping you get a just settlement that will pay for things like medical expenses, lost wages, and pain and suffering.
You need an experienced attorney to ensure your settlement also fully takes into consideration your future expenses and needs, including how long you may need medical assistance.
Miami injury lawyer Mike Redondo has the experience and determination to fight for you and win a settlement that will benefit you and your family for years to come.
What are the types of traumatic brain injury?
It’s not only the severity of the traumatic brain injury but also the type of brain injury that determines a person’s rate of recovery.
- Penetrating brain injuries. Penetrating brain injuries, also called open head injuries, occur when there’s a break in the skull that results in brain injury, such as from a gunshot. While these injuries may only affect one area of the brain, the resulting impairment can be severe, depending on the area of the brain that’s injured.
- Closed brain injuries. Closed brain injuries occur when the skull remains intact but the brain is injured inside the skull. These injuries are common in slip-and-fall accidents when the head strikes the hard pavement. Closed brain injuries often result in damage to more than one area of the brain because the force of the accident can cause the brain to move violently back and forth within the skull, damaging both sides.
Additionally, brain injuries can also be primary or secondary:
- Primary brain injuries are sustained at the time of the traumatic event and may include intracranial, epidural, or subdural hematomas, blood clots, or hemorrhage (bleeding) within the brain tissue or into the brain ventricles.
- Secondary brain injuries refer to changes that occur over time that can lead to anemia, hypoxia (low oxygen levels), and hypotension or hypertension, with intracranial effects including seizure, hemorrhage, infection, edema and hydrocephalus.
The majority of brain injuries include both a primary and secondary injury; the more severe the primary injury, the more likely the resulting secondary injuries will have significant effects on the overall outcome of the traumatic brain injury.
How do traumatic brain injuries typically occur?
According to the Mayo Clinic, the most common cause of TBIs are falls, including falls from scaffolding, ladders, stairs, and even from a bed.
Other common causes of traumatic brain injuries include:
- Automobile collisions, particularly when a motorcyclist, bicyclist or pedestrian is involved
- Sports injuries, particularly in soccer, boxing, football, lacrosse, hockey and other high-impact sports
- Physical violence
What are the symptoms of a traumatic brain injury?
There are numerous symptoms associated with TBI, from chronic headaches and mild vision problems to much more serious issues like paralysis. Symptoms can include any combination of the following:
- Balance and coordination difficulties
- Changes in sensory perception
- Difficulty swallowing
- Difficulty speaking
- Difficulty recognizing familiar objects
- Difficulty communicating
- Difficulty thinking logically or reasonably
- Difficulty focusing
- Impairment of short- and long-term memory
- Lost or altered sense of smell or taste
- Chronic dizziness
- Difficulty solving problems, organizing or multi-tasking
- Difficulty understanding writing or speech
- Difficulty participating in a conversation or following a conversation
- Social problems, such as trouble understanding nonverbal cues, trouble taking turns, difficulty expressing emotions, behavioral changes, difficulty with self-control, engaging in risky behaviors, or experiencing verbal or physical outbursts
- Emotional changes, such as depression, anxiety, mood swings, anger, lack of empathy and irritability
How does the affected area of the brain impact the long-term effects of a brain injury?
Depending on the part of the brain impacted, traumatic brain injury can result in these long-term effects:
- Frontal lobe. Damage to the frontal lobe can affect a person’s judgment, reasoning, problem-solving, planning and impulse control.
- Left side. Damage to the left side of the brain can result in problems with speech, comprehension and logic.
- Right side. Damage to the right side of the brain can affect a person’s ability to process visual information and perform everyday routine tasks.
Can the brain heal after a TBI?
There’s one question most people who develop a TBI want to know right away:
Is brain injury a permanent disability?
Although damaged brain cells do not regenerate, it’s possible for the brain to heal after traumatic brain injury. This is especially the case for younger people who suffer from TBI. In some instances, other areas of the brain can take over for the damaged area, but the level of eventual recovery is not known immediately after an injury.
Fortunately, many people who experience brain injuries make a recovery with the right treatment and rehabilitation. Of course, every individual is unique, so their rate of recovery and how well they recover can vary.
What are the financial hardships of a traumatic brain injury?
While the costs of a traumatic brain injury will depend on the extent of the injury and its specific long-term effects, the estimates for caring for a survivor of severe traumatic brain injury range from $600,000 to $1,875,000 over the course of the victim’s life.
Many victims and their families may be left with astronomical medical bills. If the person is unable to return to work due to the traumatic brain injury, then the expenses become even more unmanageable.
It’s essential that you have a strong legal advocate in your corner who will work tirelessly to secure a settlement that will fully cover your past and future medical expenses, as well as your lost wages and other damages.
What types of compensation are available after a traumatic brain injury?
If a person brings forth a personal injury claim after sustaining a traumatic brain injury, they can recover compensation for different types of damages, including:
Economic damages are damages that can be attributed to an actual dollar amount. As a result, these are easier to calculate. Economic damages can also be awarded to the victim’s family if a brain injury causes a loved one’s death. Such damages would include funeral and burial expenses in addition to the following:
- Medical expenses
- Ongoing medical treatment
- Lost wages
- Lost earning capacity
- Property damage
Noneconomic damages are often difficult to calculate because they’re meant to compensate victims for things that don’t carry specific monetary values. They include damages such as:
- Pain and suffering
- Emotional distress
- Mental anguish
- Loss of enjoyment of life
- Loss of consortium
In some cases, punitive damages may be awarded to the plaintiff as a way to punish the defendant for intentional or especially negligent conduct.
What’s the average brain injury settlement?
On average, a brain injury settlement can amount to at least $100,000. However, the factors in each case can result in a higher or lower amount. Many plaintiffs with severe TBIs have walked away with well over $1 million as their settlement.
What factors impact the value of a traumatic brain injury claim?
Several factors can influence the value of a traumatic brain injury claim, including:
- Severity of the injury. The extent of the TBI and its impact on the victim’s physical, cognitive and emotional functioning plays a significant role in determining the value of the claim. Severe TBIs with long-lasting or permanent impairments generally result in higher compensation.
- Medical expenses. The cost of medical treatment, including emergency care, hospitalization, surgeries, rehabilitation, therapy, medications and ongoing medical care, is a crucial factor in evaluating the value of a TBI claim. The more extensive and ongoing the medical expenses, the higher the potential compensation.
- Loss of income and earning capacity. The TBI’s impact on the victim’s ability to work and earn a living is an important consideration. If the injury has resulted in a temporary or permanent disability that affects the victim’s earning capacity or ability to pursue their chosen profession, it can significantly increase the value of the claim.
- Future care and assistance. If the TBI requires ongoing medical care, rehabilitation, or assistance with daily living activities, the anticipated costs of future care and support are considered in the valuation. This includes expenses for home healthcare, assistive devices, therapy and personal assistance services.
- Comparative negligence. In cases where the injured person may share some degree of fault for the accident that caused their TBI, the principle of comparative negligence comes into play, and the percentage of fault assigned to each party can impact the overall compensation amount.
It’s crucial to understand that every TBI case is unique, and the value of a claim can vary based on the specific circumstances and evidence presented. Consulting with an experienced personal injury attorney can help assess the individual factors in your case and provide a more accurate evaluation of the potential value of your TBI claim.
Suffering from a traumatic brain injury (TBI) caused by someone else’s negligence?
You could potentially receive compensation through a personal injury lawsuit. Let me share some scenarios where you could have a legitimate claim:
Was your TBI caused by an impaired or fatigued driver?
We can inform you of your legal rights and potential compensation claims.
Did your TBI occur in an accident because your vehicle’s airbags failed to deploy correctly?
We can investigate any safety standard violations or manufacturer defects together.
Experienced a TBI from a fall in a store or privately-owned residence?
We can examine if premises liability laws apply.
Did an accidental discharge of an unsecured firearm lead to your TBI?
Identifying the responsible parties is essential; we can help you do that.
Suffered a TBI at work due to dizziness or impaired balance while on a ladder?
You might be eligible for workers’ compensation or a personal injury claim, and wecan guide you through the process.
Did your child suffer a TBI after being appropriately buckled into a safety seat during a car accident?
Let’s discuss potential product liability claims.
Did your child fall into a pool at a hotel or private residence due to inadequate safety measures and suffered a TBI?
We can guide you through premises liability claims.
Facing any of these situations?
Let’s connect and explore your legal options together.
Can you pursue a lawsuit for a concussion?
Absolutely. If you’ve sustained a concussion due to someone else’s negligence or intentional harm, you can bring a lawsuit against the responsible party.
Concussions can have serious and long-lasting effects, including headaches, difficulty concentrating, memory problems, and even changes in mood or behavior.
The financial impact of medical bills, time off work, and potential future treatments can be substantial.
To sue for a concussion, you must prove that the other party was at fault and that their actions directly resulted in your injury. If you face this situation, contact our injury attorney.
How do you prove negligence in a traumatic brain injury lawsuit?
All personal injury cases, including those involving traumatic brain injury, are based on the theory of negligence. This means that the plaintiff must prove that the person who caused the accident resulting in their injuries behaved negligently.
To do that, your attorney must establish that all the elements of negligence are present. They include the following:
- Duty of care. The defendant owed the plaintiff a duty of care.
- Breach. The defendant breached that duty of care.
- Causation. The defendant’s breach of duty caused an accident or other incident.
- Damages. The plaintiff suffered damages, including a brain injury, as a result of the accident the defendant caused.
As long as all of these elements are present, you have a reasonable chance of proving the defendant is liable for the traumatic brain injury you suffered.
How can Redondo Law help after a traumatic brain injury?
Attorney Mike Redondo understands how a traumatic brain injury can change your life and wants to help ease the burden you find yourself facing. Redondo Law is highly skilled in dealing with insurance adjusters, insurance defense lawyers, and even physicians who may not be entirely familiar with traumatic brain injuries.
Mike will use his years of experience in dealing with insurance companies to ensure you receive the maximum financial assistance you’re entitled to for your medical expenses, lost wages, and pain and suffering. Contact Redondo Law today for a free comprehensive consultation.