American Bar Association
American Association for Justice
The Florida Bar 1950
Florida Justice Association

Brain Injury

What is a Traumatic Brain Injury?

According to the Centers for Disease Control and Prevention (CDC), a traumatic brain injury (TBI) can be caused by bumps or serious accidents. CDC calls TBI a serious threat to public health in the United States. Statistically, individuals at the highest risk of sustaining a TBI include:

  • Children younger than four years old
  • Adolescents (between 15 and 19 years old)
  • Elderly people (65+ years old)

Every year, almost 500,000 children (younger than 15 years old) are taken to the emergency room because of TBI. According to CDC, adults more than 75 years old are more likely to sustain a life-threatening TBI. Additionally, elderly people have the highest mortality and hospitalization rate for TBI-related injuries. In all age categories, males suffer TBI more often than females. Male children are taken to emergency rooms for TBI more often than any other demographic. CDC estimates that TBI cost the United States economy $76.5 billion in the year 2000.

What are the Side Effects of TBI?

TBI ranges from mild to severe. However, a mild TBI does not mean that the side-effects of the injury are less traumatic than those of a severe TBI. Mild simply refers to the severity of the actual accident; it is not related to impact of the TBI on the victims’ life. Even slight bumps and mild head injuries can leave victims to suffer with long-lasting mental and emotional side effects. Generally speaking, TBI can affect the individual’s thinking, sensory, language and emotional abilities.

When TBI damages an individual’s thinking ability, they may have difficulty making reasonable decisions and remembering the past. Sometimes, the individual will only lose their short-term memory. Additionally, one’s ability to taste, smell, touch and feel may be affected. When a victim’s language ability is damaged, they may have trouble communicating properly. Language also determines the individual’s ability to express and understand other people.

Sometimes, TBI affects the victim’s emotions. Often, individuals suffering from TBI become depressed, anxious, agitated, aggressive and socially inappropriate. In extreme cases, their personality may change. TBI increases the risk of Alzheimer’s disease, future memory loss, epilepsy and Parkinson’s disease. TBI victims may be more likely to develop other brain disorders as well. Individuals who suffer repeated TBIs may suffer from cumulative brain damage, cognitive deficits and neurological problems.

Recovering From TBI

During the recovery process, it is important for individuals who have suffered a TBI to rest. After an accident, it is important for TBI victims to avoid going back to work, school, sports and other activities before they are completely recovered. Additionally, it is important to avoid any activity that could cause further injury. Individuals recovering from a TBI should write things down that they have trouble remember and take time to relearn vital life skills that they may have forgotten. Health care professionals can help victims of TBI relearn skills and aid in the recovery process. TBI victims should avoid drinking alcohol unless their doctor says they can. Additionally, individuals suffering from TBI should never take drugs or medication unapproved by their doctors.

What Causes Traumatic Brain Injuries?

Statistically, falls and motor vehicle accidents are the most commonly known causes TBI. According to CDC, falls account for 35.2% of all TBIs and car accidents are responsible for 17.3% of injuries. Auto accidents are the leading cause of TBI-related death. Statistically, motor vehicle accidents cause 31.8% of TBI deaths. Additionally, sports injuries are responsible for a large number of brain injuries. Concussions are common in high-contact sports and can easily lead to TBI and other health problems. Repeated sports injuries can cause severe, cumulative neurological problems.

Traumatic Brain Injuries and Compensation

There are few more serious situations than a brain injury as a result of a car accident, truck accident, slip & fall, motorcycle accident or medical error. When the brain is damaged, either through an impact or through a lack of oxygen, the prognosis for recovery is often uncertain. There are cases in which the victim recovers some or even all of their abilities, and cases in which the person will face a lifetime of severe disability, and may be unable to perform even the simplest of tasks, speak, walk or could be in a coma from which there is little hope of recovery. If your loved one suffered a brain injury through any negligent act, such as reckless or drunk driving, premises liability issues or through medical malpractice, it is imperative that you get qualified and experienced legal representation from a Miami personal injury lawyer from Klemick and Gampel, P.A. Our legal team has a wealth of experience, and can offer the highest level of legal counsel to address this critical issue.

Brain Injury Claims: How a Miami Attorney can Help

As the health and future care of your loved one will be greatly affected by the amount of compensation recovered, it could not be more important that your case is handled very professionally, with your loved one’s future wellbeing and quality of life as the focus. As there are new developments in brain injury treatments, you will want to have the wherewithal to access these treatments if there is any possibility of improving the condition of your family member. Their quality of life in terms of care will also be greatly affected by the amount that is recovered in a settlement or verdict. In many cases, a family member takes on the duty of caring for their loved one, and can no longer work. The ramifications can be extensive for the entire family, both financially and personally.

We know how difficult and emotional these cases are, and we will carefully evaluate the situation to determine what damages should be sought. The lost earning potential of the victim can be evaluated, based upon age, profession and other criteria. The pain and suffering and loss of enjoyment and quality of life must be addressed in financial terms, as well as the ongoing costs associated with care and treatment. We are committed to pursuing the maximum possible in brain injury cases, as we believe that it is not only important for the victim, but that this is the least that could be expected when a negligent act has led to a brain injury. We are here to assist you, and our highly professional legal team can advise you how we will move forward, what to expect, and all answer all other matters of concern. Contact a Miami brain injury attorney from our firm today for more information.

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