A traumatic brain injury is a severe injury that occurs when a blow to the head causes damage to the brain cells. Nearly two million individuals occur in the United States each year. Traumatic brain injury can result from many incidents, including falls, car accidents, and criminal violence.

Failure to seek immediate treatment for brain injury could increase the chances of developing severe cognitive impairment. In most cases, there is no cure for TBI, and you may have to live with the consequences of the injury.

Unfortunately, most brain injury cases result from another person’s negligence. In Florida, all traumatic brain injury victims have a right to be compensated by the person liable for the injury. However, you will need to undergo the lengthy process of filing a claim and presenting sufficient evidence to prove your injury and its effects on your physical, emotional, and financial well-being.

Dealing with legal matters can be challenging after a TBI since you need to focus on recovery. Therefore, you must hire and retain a knowledgeable personal injury attorney to guide you through the claim process.

What is Traumatic Brain Injury?

A TBI is a severe injury that causes long-lasting effects. Traumatic brain injuries result from violent blows to the head or the penetration of sharp objects into the brain. According to the Centers for Disease Control, traumatic brain injuries often disrupt the brain’s normal functions.

Since your brain is a critical part of your body, most body functions will be impacted by this type of injury. When you suffer a violent blow or something penetrating the brain, the impacts create an injury, such as tears, bruising, and bleeding of the brain tissue.

The three categories of head injuries which can result in a TBI include:

  • Penetrating injury. This type of brain injury occurs when a sharp object or weapon penetrates the skull and reaches the brain matter.
  • Crushing injury. Crushing injuries occur when your head is compressed by two hard objects, which puts pressure on the brain.
  • Closed head injury. A closed head injury is the most common form of TBI. A closed injury occurs when a force directed to your head shakes the brain causing cell damage. Since no physical wounds are not present in such an injury, closed head injuries are challenging to detect and more life-threatening.

The Causes of Traumatic Brain Injury

There are several ways in which you can suffer a traumatic brain injury. Most instances of traumatic brain injury result from another person's negligence. Identifying the cause of your brain injury is critical in determining the liable party and the person against whom you will file a personal injury claim. Common causes of TBI include:

Slip and Fall Accidents

While slip and fall accidents may not seem serious, they can cause severe injuries like traumatic brain injuries. In most cases, a brain injury from a slip and fall is a closed head injury. This means that there won’t be a visible wound. The impact on your head from the hard floor surface can cause a shift and injury to your brain.

Property and business owners are responsible for ensuring that their premises are safe spaces for the public. Therefore, if you suffer a traumatic brain injury from a slip and fall accident, you can file a compensation claim against the property owner.

Auto Accidents

Car, truck, and motorcycle accidents are a leading cause of traumatic brain injury. The blunt trauma from the collision or penetration of sharp metal from the crush can cause serious traumatic brain injury.

Most auto accidents result from negligence by a driver, motorcyclist, or other road users. By filing a personal injury claim against the person liable for the accident, you can recover compensation for your TBI.

Criminal Violence

Criminal violence includes stabbing, kicking, or hitting the head with a heavy object. Although most acts of violence will attract criminal charges and a conviction, you can still file a lawsuit against the person and recover compensation for the losses associated with your TBI.

Symptoms and Complications Associated with TBI

You must seek immediate medical care if you have suffered an auto accident or a blow to the head. Although some brain injury symptoms are apparent, some are difficult to detect. One of the symptoms of brain injury you need to look out for after suffering head trauma includes:

  • Charges in mood
  • Difficulty sleeping
  • Lack of concentration
  • Severe headache
  • Memory loss
  • Difficulty concentrating
  • Slurred speech and difficulty swallowing.
  • Blurred vision and dizziness
  • Vomiting
  • Breathing difficulties

There is no cure for traumatic brain injury, and most victims are not expected to recover fully. Treatment for this condition is often aimed at reducing the impact of the symptoms and improving the quality of life. If you have suffered from TBI, you may experience the following long-lasting complications:

  • Physical effects. You could lose muscle function after a traumatic brain injury. Often, paralysis is permanent and can be general or localized depending on the severity of your injury. Other physical effects of TBI include sleeping disorders, chronic pain, and hormonal changes. All these complications can significantly affect your quality of life.
  • Cognitive effects. A severe or moderate TBI's long-term effects could include difficulty concentrating, confusion, and memory problems.
  • Vision issues. One of the common symptoms of a head injury is blurred vision. Unfortunately, this effect may fail to go away and could worsen photophobia, involuntary eye movements, or complete vision loss.
  • Language and speech difficulties. Even a mild brain injury can result in slurred speech or problems with reading.
  • Social and behavioral effects. A person who has suffered a traumatic brain injury may find it difficult to control their emotions, resulting in aggression, irritability, and dependent behaviors.

Proving Traumatic Brain Injury

When you plan to seek compensation for your brain injury, your chances of recovery are as good as the evidence you have to support your claim. The following are some of the ways through which you can prove your traumatic brain injury:

  • Medical Records

Medical professionals will record every aspect of your diagnostic testing, examination, and imaging when you seek treatment after the injury. If you experience the symptoms of this type of injury, you should inform the doctors and have it documented.

Sometimes, the at-fault party may attempt to defend themselves by arguing that your injury existed before the negligent incident. Therefore, you will need to present your medical evidence before the accident to prove that your injuries did not exist.

  • Ongoing Treatment Documentation

You are entitled to compensation if you have suffered a traumatic brain injury from another person’s negligent act. This accounts for the present and future losses that arise as a result of the accident. Therefore, if you file a claim before full recovery, you can present evidence of future medical appointments and rehabilitation recommenced by your physician.

  • Keep a Journal of the Traumatic Brain Injury Impact

The impact of traumatic brain injury on your ability to live a normal life is severe. You can strengthen your injury case by documenting each aspect of your life affected by the injury. Presenting the journal with your claim or lawsuit could help prove the pain, suffering, and anguish you have suffered, thus increasing the amount you stand to recover.

  • Expert Witness Testimony

If your case goes to court, your injury lawyer can see the testimony or a written statement from a medical expert. The expert will offer an account of the TBI and how the injury will likely affect your life.

  • Testimony from Family and Friends

People close to you can give strong evidence of how traumatic brain injury has affected you. Individuals who have known you before and after the injury can give testimony or write statements to support your case.

Tips to Recover Maximum Compensation for Your Traumatic Brain Injury

When you file a personal injury claim against the liable parties for your traumatic brain injury, you must battle with the defendants and their insurance companies to recover the compensation you deserve.

Even with sufficient evidence to prove liability and damages, the insurance company may attempt to downplay your case and offer a low settlement. The following are some tips you can use to increase the chances of maximum compensation:

Have a Specific Settlement Amount in Mind

Before you present a claim settlement letter, you must figure out how much the brain injuries and losses related to the injury have impacted your life. This allows you to determine the minimum settlement amount to settle all your financial losses and pay for your non-economic damages. Although you will not reveal this amount to the insurance adjusters, you know what you can and cannot accept.

You do not need to stick to the initial figure you had in mind. The settlement is bound to be lower during negotiations with the insurance company. Therefore, it is wise to start with a high settlement demand.

Don’t Take the First Offer

Insurance companies have a standard practice of beginning negotiations with a meager amount. The effects of a traumatic brain injury are severe, and most victims do not want to undergo the hassle of dealing with an insurance company.

The adjusters take advantage of this fact to offer a settlement that is not enough to cover your damages. If you are offered a low payment, you should not immediately accept it. Instead, you can make a higher counteroffer. This shows the insurance company that you are not desperate and aren’t willing to settle for anything less than what you deserve.

Accept Offers that are Accompanied by Justification

When the insurance adjuster mentions a low offer, you should ask them the reasons for that offer. For each factor they use to justify their low settlement offer, you must provide sufficient evidence to discredit those reasons and argue that you deserve more. Depending on the claim adjuster’s strength, you can slightly lower or maintain your demand.

Emphasize Points that Favor You

In negotiations with the insurance company, you must emphasize the points and evidence supporting your claim. You must tell the insurance adjusters if you have photographic or video evidence of your injuries or the accident scene. Additionally, it would be best to express your emotions and emphasize the trauma and emotional stress you have suffered from the traumatic brain injury.

Have an Attorney by your Side

The aftermath of a traumatic brain injury is filled with pain and confusion. This type of injury has a severe and long-lasting impact on your life. Whether your brain injury resulted from a slip and fall accident, a car accident, or medical malpractice, you could spend a significant amount of time in the hospital.

As you recover from the injury, your attorney can help you gather evidence for your case and deal with the insurance company. If you navigate your injury case without a lawyer, the insurance adjusters could prey on that to coerce you into accepting a lower settlement.

Know When to Take Your Case in Court

When you suffer traumatic brain injury from another person’s negligence, you can either file a claim with the fault party’s insurance company or file a lawsuit in court. Most personal injury cases are settled out of court.

However, when the insurance company is not willing to compensate you the maximum amount for your losses, it would be wise to file a lawsuit in court. The judge will assess all the evidence you present to determine the amount you deserve.

Proving Liability in a TBI Personal Injury Case

Liability is critical in a personal injury claim. When filing a claim, you must prove that the defendant is liable for the accident and your injuries. After an accident or traumatic incident, your attorney will investigate the facts to identify possible at-fault parties and hold them accountable for their actions. In Florida, liability is based on negligence. Negligence, in this case, entails acting in a way that puts other individuals at risk of harm. The key elements of negligence include:

  1. Duty of care. Each person has a legal obligation to act in a way that ensures the safety of others. For example, drivers must ensure that they operate carefully to avoid accidents and injuries.
  2. Breach of duty. In your lawsuit, you must prove that the defendant breached their duty towards you by acting in a way that placed you at risk of injury.
  3. Causation. Proving a breach of duty is not enough to hold another person responsible for your brain injury. Therefore, you must establish a link between the defendant’s actions and your injuries.
  4. Proven Suffering. Establishing liability for your injury requires showing how the TBI has affected your life. Additionally, you must present all physical evidence and testimonies to ascertain your injuries.         

Compensation in a Traumatic Brain Injury Personal Injury Case

A TBI affects multiple aspects of your life. If you are successful in your claim, you could recover the following damages:

Current and Future Medical Expenses

A traumatic brain injury requires extensive treatment. Although the treatment is more directed towards rehabilitation, you may spend thousands of dollars on reducing the pain and impact of the injuries. The person found liable for your injury must compensate you for all the medical expenses you incur to rehabilitate the injury.

Lost Wages

Even with moderate traumatic brain injuries, you stand to spend a significant amount of time in the hospital nursing the injury. While lying on a hospital bed, you cannot return to work, thus losing your income.

In a successful lawsuit, the court can award you compensation for the amount you lost in wages. If the TBI causes permanent disability, like paralysis, you cannot return to the job position you held before the accident. Therefore, you can recover compensation for lost future earnings.

Pain and Suffering

Pain is one of the symptoms of traumatic brain injury. In addition to the physical pain caused by the impact, the effects of the injury on your life can cause emotional and psychological suffering. While monetary compensation does not take away the pain associated with a TBI, it can ease the financial distress caused by the injury.

Find a Reliable Personal Injury Lawyer Near Me

Traumatic brain injury occurs when your head suffers blunt trauma or penetrative injury from a slip and fall, car accident, or assault. The severity of a brain injury can be mild or severe, depending on the nature of the trauma. Even in minor cases, traumatic brain injury is life-changing. Your brain controls vital body functions, which can be affected when the brain suffers an injury.

If you or your loved one has suffered a traumatic brain injury from another person’s negligent acts, you are entitled to compensation. However, the process of recovering compensation for the injury is not straightforward. You must file a claim or lawsuit to establish liability and battle the insurance companies and fault parties.

Since traumatic brain injury significantly impacts you, you will need the guidance of a skilled personal injury lawyer to fight for compensation. At Jacksonville Personal Injury Attorney, we will investigate the cause of your TBI and guide you through pursuing compensation. We serve clients seeking competent legal guidance to battle personal injury claims in Jacksonville, FL. Contact us at 904-800-7557 to discuss more details of your claim.