Head and brain injuries are among the most serious and life-altering accidents one can experience. In the United States, a staggering 1.4 million people suffer from traumatic brain injuries (TBIs) each year. Out of these, about 50,000 people lose their lives, 235,000 are hospitalized, and 1.1 million are treated and released from emergency rooms.
In Florida alone, TBI caused 5,654 deaths in 2022. These statistics show the severe impact these injuries have on victims and their families.
But what’s worse is that the consequences of a head or brain injury go beyond immediate medical concerns. Victims often face long-term physical, cognitive, and emotional challenges. These challenges can affect every aspect of life, including work, relationships, and daily activities. As you can imagine, the financial burden, from medical bills to lost wages, can be overwhelming.
If you or a loved one has suffered a head or brain injury, it’s essential to seek legal advice from experienced head and brain injury lawyers. A specialized head and brain injury lawyer can help you understand your rights, build a strong case, and secure the compensation you deserve.
At Madalon Law, we support victims of head and brain injuries in Florida. Our experienced personal injury attorneys will guide you every step of the way, ensuring you receive the justice and compensation you need to move forward.
Head and brain injuries include a wide range of conditions, each varying in severity and long-term impact. These injuries can result from various incidents, such as car accidents, falls, sports injuries, or physical assaults.
Understanding the different types of head and brain injuries can help victims and their families seek the appropriate medical care and legal assistance.
Head and brain injuries are classified into closed-head injuries and open-head injuries.
Closed head injuries occur when the head strikes an object or is struck by an object, but the skull remains intact. There’s no direct penetration of the brain tissue. Some common types of closed head injuries include concussion, contusion, diffuse axonal injury, coup-contrecoup injury, and hematoma.
Open head injuries occur when the skull is penetrated, allowing objects or debris to enter the brain tissue. They are often more severe than closed-head injuries and may result in major brain damage. Examples of open-head injuries include penetrating wounds and skull fractures.
Let’s explore the signs and symptoms of these injuries so you can recognize if you or a family member is affected:
Concussion:
A concussion is the most common type of TBI and is often referred to as a “mild” brain injury. However, even a mild concussion can have serious consequences.
A concussion typically occurs when the brain is shaken inside the skull due to a blow to the head or a sudden jolt. Symptoms can include headaches, dizziness, confusion, and memory loss.
While many people recover fully from a concussion, repeated concussions can lead to long-term cognitive issues.
Contusion:
A contusion is essentially a bruise on the brain caused by a direct impact to the head. This type of injury involves bleeding and swelling within the brain tissue, which can put pressure on surrounding areas.
Depending on the severity, contusions may require surgery to alleviate the pressure. Symptoms can range from headaches and nausea to more severe neurological issues, such as difficulty speaking or paralysis.
Diffuse Axonal Injury (DAI):
Diffuse axonal injury is one of the most severe forms of TBI. It occurs when the brain is violently shaken, causing the nerve fibers (axons) to tear. This injury is common in high-speed car accidents or situations where the head is subjected to rapid acceleration and deceleration.
DAI often results in considerable brain damage and can lead to coma or permanent disability. Symptoms may not be immediately obvious, but over time, the victim may experience cognitive impairments, loss of consciousness, and neurological issues.
Penetrating Brain Injury:
A penetrating brain injury happens when an object, such as a bullet or shrapnel, pierces the skull and enters the brain. This type of injury is particularly dangerous because it can cause direct damage to brain tissue, blood vessels, and nerves.
The extent of this injury depends on the size, speed, and path of the object. Penetrating injuries often result in severe brain damage or death. Survivors of this injury may experience significant physical and cognitive impairments, depending on the area of the brain affected.
Coup-Contrecoup Injury:
This type of injury occurs when the force of impact is so strong that the brain strikes both the impact point and the other side of the skull. Essentially, the brain “bounces” within the skull, leading to injuries at two sites. This can result in bruising, bleeding, and swelling on both sides of the brain.
Symptoms of a coup-contrecoup injury can vary depending on the areas of the brain affected but can include cognitive, sensory, and motor function deficits.
Second Impact Syndrome (SIS):
Second impact syndrome occurs when a person sustains a second concussion before fully recovering from the first. This can lead to rapid and severe brain swelling, which is often fatal or results in permanent brain damage.
Athletes, particularly those in contact sports, are at high risk for SIS. Symptoms of SIS can escalate quickly, including loss of consciousness, severe headaches, and neurological deterioration.
Hematoma:
A hematoma is a collection of blood outside of blood vessels, which can occur within the brain following a TBI. There are different types of hematomas:
Hematomas can lead to increased pressure within the skull. As such, victims require surgical intervention to remove the blood and reduce the pressure.
Anoxic Brain Injury:
Anoxic brain injuries occur when the brain is deprived of oxygen for a significant period. This can happen due to drowning, choking, or cardiac arrest. Without oxygen, brain cells begin to die, leading to widespread and often irreversible damage.
Symptoms of anoxic brain injury can range from mild cognitive impairments to severe disabilities, depending on how long the victim has been deprived of oxygen.
Skull Fracture:
A skull fracture occurs when the bone of the skull cracks or breaks due to trauma. While the fracture itself may not directly damage the brain, it can lead to complications such as brain bleeding, infections, or cerebrospinal fluid leaks.
There are several types of skull fractures, including linear, depressed, and basilar fractures. Each of these has different implications for brain injury.
Each type of traumatic brain injury requires careful medical evaluation and treatment. It is essential that both medical professionals and legal teams understand the specific nature of the injury to secure appropriate compensation for the victim.
Traumatic brain injuries (TBIs) can present a wide range of symptoms. These vary greatly depending on how severe the injury is the area of the brain affected, and the individual’s overall health.
In Florida, where outdoor activities, tourism, and car travel are prevalent, TBIs are unfortunately common. Recognizing the symptoms early can help you seek timely and critical medical intervention and minimize long-term damage. Here’s what you should look out for:
Physical Symptoms:
Physical symptoms of a traumatic brain injury (TBI) can vary in intensity and duration. However, some of the most common indicators include persistent headaches, which can range from mild to severe. Dizziness and balance issues, where you may feel lightheaded or unsteady, are also frequent signs of a brain injury. Nausea and vomiting often occur with more severe injuries, especially shortly after the trauma.
Many people experience fatigue, a persistent tiredness that doesn’t seem to resolve with rest, which can signal an underlying brain injury. You may also experience changes in vision, such as blurred vision or sensitivity to light, along with sensitivity to noise, ringing in the ears, or changes in taste or smell.
A brief loss of consciousness, even if it seems minor, can be a red flag for a serious injury. Additionally, seizures can sometimes occur as a result of TBI, either immediately after the injury or later on, and they require immediate medical attention.
Physical issues can also manifest as chronic pain, including persistent headaches, neck pain, or muscle pain. TBIs can also lead to weakness, paralysis, or coordination problems, making it challenging to walk or perform daily tasks.
Cognitive Symptoms:
Cognitive symptoms and impairments following a traumatic brain injury (TBI) can greatly impact daily life. One common issue is memory loss, with victims often struggling to remember events that occurred before or after the injury. Long-term memory problems can also arise, making it difficult to recall recent events or learn new information.
Concentration issues are another sign of TBI, where even mild injuries can lead to trouble focusing on tasks or following conversations. These difficulties often extend to executive functioning, with challenges in planning, problem-solving, decision-making, and organizing thoughts.
The injured victims may also experience confusion and disorientation, leaving individuals feeling lost or unsure of their surroundings. Additionally, many TBI sufferers experience slow thinking or speaking, where responses are delayed, and finding the right words becomes a struggle. Language difficulties can further complicate communication, making it hard to understand or produce speech. These cognitive impairments can profoundly affect an individual’s ability to function effectively in both personal and professional settings.
Emotional and Behavioral Symptoms:
Emotional and behavioral symptoms are common and often profound after a traumatic brain injury (TBI). Many survivors experience mood swings, with rapid changes in mood that can include irritability, depression, or anxiety. These shifts can be sudden and unpredictable, affecting both the victim and those around them.
Personality changes can also result from head and brain injuries. Family and friends of the victims may often notice significant changes in behavior or character, such as increased irritability, aggression, or social withdrawal.
People with TBI also suffer from depression and anxiety, leading to long-term struggles with feelings of sadness, hopelessness, or excessive worry. Emotional instability can make it difficult to control emotions, resulting in outbursts or inappropriate reactions. Impulsivity is another behavioral change where individuals may act without thinking, take unnecessary risks, or show poor judgment.
In some cases, individuals may turn to substance abuse as a way to cope with the emotional turmoil brought on by their injury. These emotional and behavioral changes can impact relationships, daily functioning, and overall quality of life.
Sleep Disturbances:
Sleep disturbances are a common and frequent consequence of traumatic brain injuries (TBI). This can manifest in various forms.
Many survivors struggle with insomnia, finding it difficult to fall or stay asleep, which can exacerbate other symptoms and delay recovery. On the other hand, some people experience excessive sleepiness, feeling the need to sleep much more than usual.
These changes in sleep patterns can affect daily functioning, making it challenging to maintain a normal routine and further complicating the healing process:
Social and Relationship Challenges:
Social isolation is a major challenge for many individuals with traumatic brain injuries (TBI). Cognitive and emotional changes in people with TBI can often make it difficult to maintain relationships or engage in social activities. This leads to feelings of loneliness and withdrawal.
Additionally, changes in personality and behavior resulting from a TBI can strain relationships with family, friends, and coworkers, causing misunderstandings and conflict. TBI also results in the need for long-term care or assistance with daily activities, which can cause a loss of independence, further complicating social interactions and self-esteem.
These challenges can impact an individual’s quality of life and ability to connect with others.
Employment and Financial Difficulties:
Employment and financial difficulties are common for those recovering from a TBI. Cognitive or physical impairments can prevent individuals from returning to work or performing at their previous level, impacting their career and financial stability.
Even if they can continue working, they may have reduced capabilities or would need to change careers, which may lead to a lower earning capacity. Furthermore, the ongoing cost of medical care, therapy, and medications can increase financial stress.
These challenges highlight victims of TBI need comprehensive support and resources to help manage both the economic and personal impacts of their injury.
Increased Risk of Neurological Disorders:
Survivors of traumatic brain injuries are at an increased risk of developing various neurological disorders over time. Research indicates a higher likelihood of developing dementia, including Alzheimer’s disease, as a long-term consequence of a TBI.
Some studies also suggest a connection between TBIs and an elevated risk of Parkinson’s disease. Additionally, repeated head injuries, even if mild, can lead to chronic traumatic encephalopathy (CTE), a degenerative brain condition that affects cognitive and emotional functions.
These risks underscore how important it is for people with a history of TBI to undergo ongoing medical monitoring and get appropriate care.
In Florida, head and brain injuries commonly result from several activities and incidents due to the state’s active lifestyle and environment. Here are some of them:
Motor Vehicle Accidents:
Motor vehicle accidents are a leading cause of head and brain injuries in Florida. The state’s heavy traffic, frequent road construction, and influx of tourists increase the risk of collisions involving cars, motorcycles, and bicycles. These accidents can result in severe trauma, from concussions to more serious brain injuries.
Falls
Falls are another common cause of head injuries, especially among the elderly and children. In Florida’s warm climate, outdoor activities are common. These can lead to slip-and-fall incidents on wet surfaces, uneven pavements, or during sports and recreational activities.
Falls from heights, such as ladders or stairs, also contribute to the number of head injuries in the state.
Sports and Recreational Activities
Sports and recreational activities pose significant risks in Florida, where outdoor sports are popular. Football, soccer, and baseball can lead to head trauma. Recreational activities like surfing, boating, and riding all-terrain vehicles (ATVs) can further increase the risk of head injuries.
Violence and Assaults
Violence and assaults are major causes of TBI. These include physical altercations and domestic violence, which can result in traumatic head injuries.
Workplace Accidents
Workplace accidents, particularly in industries involving manual labor, construction, or heavy machinery, can also result in head and brain injuries.
Injuries from falling objects, machinery accidents, or unsafe work practices can result in serious head trauma.
Pedestrian Accidents
Pedestrian accidents are a big concern, especially in busy urban areas. Pedestrians struck by vehicles or involved in accidents while crossing streets are at a high risk for head injuries.
Medical Negligence
Medical negligence can lead to head injuries, particularly if errors occur during surgeries or treatments involving the head and brain. Inadequate monitoring, improper use of medical equipment, or failure to follow standard procedures can result in severe outcomes for the patient.
Nursing Home Abuse
Nursing home abuse is another serious issue, where inadequate care or intentional harm can result in head injuries among vulnerable elderly residents. Physical abuse, falls due to neglect, or mishandling can also result in moderate to severe trauma to the brain.
At Madalon Law, we specialize in representing victims of all types of TBIs in Florida. Our Florida personal injury attorneys work with you to ensure your legal rights are protected and you receive the compensation needed for recovery.
The treatment for a head or brain injury will depend on the severity of the injury. Some common types of treatments include:
Emergency Care:
In case of a serious head and brain injury, victims need emergency care promptly. This typically includes stabilization, diagnostic imaging (CT scans, MRIs), and possibly surgery to reduce pressure on the brain.
Costs for emergency care can run into several thousand dollars, with initial evaluations and imaging alone ranging from $1,000 to $5,000. Emergency surgery can increase the cost substantially, often exceeding $50,000, depending on how complex the case is.
Surgical Interventions:
For severe injuries, surgery may be necessary to repair skull fractures, stop bleeding, or remove blood clots (hematomas). Craniotomy, a common procedure where part of the skull is removed to relieve pressure, can cost between $20,000 and $150,000 or more. Costs also vary based on the hospital, the surgeon’s expertise, and post-operative care requirements.
Hospitalization and Intensive Care
Patients with serious brain injuries often require extended hospital stays, especially in intensive care units (ICU). Daily ICU costs can range from $3,000 to $10,000, depending on the level of care required.
The total cost for hospitalization can easily exceed $100,000, especially if complications arise or if a prolonged stay is necessary.
Rehabilitation and Therapy
Rehabilitation is critical for recovery, particularly for those with moderate to severe brain injuries. Physical therapy, occupational therapy, and speech therapy help patients regain lost functions. The cost of rehabilitation varies, but weekly therapy sessions can range from $1,000 to $2,000.
Inpatient rehabilitation, where a patient stays at a facility, can cost anywhere between $20,000 and $50,000 per month.
Medications
Medications are often necessary to manage symptoms, reduce swelling, and prevent seizures. Depending on the severity of the injury and the type of medication, monthly costs can range from $200 to $1,000.
Over time, these costs add up, particularly for patients requiring long-term medication.
Cognitive and Psychological Therapy
Brain injuries often result in cognitive impairments and emotional challenges. Cognitive therapy helps improve memory, attention, and problem-solving skills, while psychological therapy addresses emotional and behavioral changes.
Therapy costs range from $100 to $250 per session, with total costs depending on the duration and frequency of therapy.
Assistive Devices and Home Modifications
People with severe head injuries might need assistive devices such as wheelchairs, communication aids, or specialized equipment. Plus, they may also require home modifications like ramps, widened doorways, or bathroom adaptations.
These costs can vary widely, from a few thousand dollars for basic modifications to tens of thousands for more extensive changes.
Long-Term Care
Some individuals with severe brain injuries may require long-term care, either in a nursing home or through in-home care services. Nursing home care can cost between $6,000 and $10,000 per month, while in-home care services vary depending on the level of care needed, ranging from $20 to $50 per hour.
Legal and Financial Support
Given the high costs associated with head and brain injuries, victims may need legal action may be necessary to secure compensation. Working with a traumatic brain injury lawyer in Florida to file claims or lawsuits can help victims and their families cover medical expenses, lost wages, and other damages. Legal fees often work on a contingency basis, meaning you pay a percentage of the settlement or judgment, typically around 33% to 40%.
The cost of treating head and brain injuries can be overwhelming, but understanding the available treatment options and associated expenses is vital for you. Access to the right medical care and legal support can greatly impact recovery and financial stability.
To successfully prove negligence in a brain injury claim, you must establish four elements:
To prove negligence, you will need to gather evidence to support your claim. This may include:
Proving negligence in a brain injury claim can be complex and requires a complete understanding of the law. It’s highly recommended to consult with an experienced Florida personal injury lawyer who specializes in brain injury cases. A lawyer can help you gather evidence, evaluate your claim, and negotiate with the insurance company or represent you in court if necessary.
How do brain injuries affect children differently from adults?
Children’s brains are still developing, which can make them more vulnerable to long-term effects from a brain injury. Symptoms and recovery might differ, and children may experience delays in cognitive and motor skills development.
Can a traumatic brain injury affect mental health in the long term?
Yes, TBIs can lead to long-term mental health issues such as depression, anxiety, and PTSD. These conditions may develop due to the injury itself or the changes in lifestyle and abilities resulting from the injury.
How do doctors assess the severity of your brain injury?
The Glasgow Coma Scale (GCS) helps assess brain injury severity by measuring eye opening, verbal response, and motor response.
Mild brain injuries have a GCS score of 13-15, where individuals respond normally to stimuli and exhibit coherent speech. They may experience brief unconsciousness or confusion but generally recover with minimal long-term effects.
Moderate brain injuries score between 9-12 on the GCS. Here, eye opening may require verbal or painful stimuli, speech is often confused, and motor responses can be abnormal. Loss of consciousness can last from minutes to hours, which can lead to prolonged recovery and noticeable cognitive or physical impairments.
Severe brain injuries are indicated by a GCS score of 3-8. In this case, individuals may not open their eyes without pain, exhibit no coherent speech, and show no purposeful motor responses. Such injuries often result in deep coma, significant long-term disabilities, and profound impairments. Patients within this score are at the most risk of death.
What should I do immediately after sustaining a head or brain injury?
Here are some immediate steps to take after sustaining a head or brain injury:
Remember, it’s important to follow your doctor’s instructions carefully and to seek additional medical attention if your symptoms worsen or do not improve over time.
How long do I have to file a brain injury claim in Florida?
In Florida, the statute of limitations for filing a personal injury claim, including brain injury cases, is generally two years from the date of the accident. However, it’s advisable to consult with a lawyer as soon as possible to ensure you meet all deadlines.
Can I file a claim if my brain injury symptoms appeared weeks after the accident?
Yes, you can file a claim if symptoms appear weeks or even months after the accident. It’s essential to document the onset of symptoms and consult with a lawyer to determine how to proceed with your case.
How can I support a loved one recovering from a traumatic brain injury?
If your loved one is recovering from a traumatic brain injury, you have to exercise patience and care. Provide emotional support and understanding, help with daily tasks, and encourage them to follow medical advice and attend therapy sessions. Educating yourself about their condition can also greatly aid in their recovery.
How can a lawyer help if the brain injury was caused by a defective product?
A lawyer can help by investigating the product, identifying potential manufacturers or sellers responsible, gathering evidence of the defect, and building a case to show how the defect caused your injury.
What is the role of a medical expert in a brain injury lawsuit?
A medical expert provides detailed evaluations of your injury, explains the severity and long-term effects, and helps establish a direct link between the injury and the accident. Their testimony can be key to proving the extent of your damages.
Can I still file a brain injury claim if I wasn’t wearing a helmet during the accident?
Yes, you can still file a claim. While not wearing a helmet might be considered in assessing fault, it does not necessarily bar you from receiving compensation. A lawyer can assess how this factor might influence your case.
What to do if you’ve suffered a TBI due to someone else’s negligence in Florida?
If you believe your head and brain injury was someone else’s fault, here’s what you need to do:
How does Florida’s modified comparative negligence law affect my brain injury case?
Florida follows a comparative negligence rule, which means if you are partially at fault for the accident, your compensation may be reduced by the percentage of your fault.
For example, if you are found 20% at fault, your damages may be reduced by 20%. However, if you are more than 50% at fault, you won’t be able to get any compensation.
What compensation is available following a brain injury?
Compensation available following a brain injury may include:
How can I ensure that my brain injury settlement covers future medical needs?
Work with your lawyer to accurately project future medical expenses and ongoing care needs. This may involve consulting with medical experts to estimate long-term costs and ensuring these are included in your settlement or award.
What compensation is available if a person dies following a brain injury?
If a person dies following a brain injury, several types of compensation may be available to the surviving family members through a wrongful death claim.
These include:
These types of compensation aim to address the financial and emotional impacts of the loss, helping to provide some relief to the family during a difficult time.
What types of insurance coverage can help with the costs of a brain injury?
Possible coverage includes health insurance, auto insurance (if the injury was caused by a car accident), and liability insurance from the at-fault party. Disability insurance and personal injury protection (PIP) might also offer additional support.
What should I do if my insurance company denies my brain injury claim?
If your claim is denied, review the denial letter to understand the reasons. Gather additional evidence if necessary and consult with a lawyer to help appeal the decision or pursue legal action against the insurer.
A severe head and brain injury can drastically change your life, affecting your physical abilities, cognitive functions, and emotional well-being. When you or a loved one suffers from a TBI due to someone else’s negligence, you need an experienced and compassionate legal team by your side.
The lawyers at Madalon Law are dedicated to helping TBI accident victims in their complex personal injury cases and secure the compensation they need for recovery. Here’s how Madalon Law can make a difference:
By choosing a head and brain injury lawyer from Madalon Law, you can rest assured that your case is in the hands of experienced professionals who are dedicated to helping you recover and achieve a positive outcome.
Schedule a free consultation today by calling us today!
Most people are not aware of how the law works, the rights they have and the amount of compensation they can be entitled to after they have been injured in an accident that was the result of another party’s negligence. The obstacles and confusion that follow an accident and an injury can seem overwhelming.
