The most frequent causes of traumatic brain injuries (TBI) are often everyday events, such as falls, traffic accidents, or being struck by an object. While a TBI is a medical issue, when the incident that caused it resulted from another person's carelessness or wrongful actions, it also becomes a legal matter.
If you suffered a traumatic brain injury due to someone else’s negligence, you might have the right to seek accountability and financial recovery for your losses through a personal injury lawsuit. An experienced lawyer can discuss your case and legal options during a free consultation.
Key Takeaways about Common Causes of TBIs
- The most prevalent causes of traumatic brain injuries include falls, motor vehicle collisions, and being struck by or against an object.
- Many incidents that result in a TBI happen because of another party’s negligence, which is a legal term for carelessness that causes harm.
- Florida law permits individuals who have sustained a TBI due to someone else's actions to pursue compensation for medical costs, lost income, and other damages.
- The circumstances of the accident, such as a slip and fall or a car crash, help determine which parties may be held responsible.
- Strict deadlines, known as statutes of limitations, apply to TBI claims in Florida, making timely action important.
Understanding Traumatic Brain Injury (TBI)
A traumatic brain injury is an injury that affects how the brain works. It can happen following a jolt, bump, or blow to the head, or from a penetrating injury that disrupts brain tissue.
These injuries range in severity:
- Mild TBI (Concussion): A person may remain conscious or experience a very brief loss of consciousness. However, the term "mild" can be misleading, as these injuries can still have serious and lasting effects on thinking, memory, and mood.
- Moderate to Severe TBI: These injuries involve a longer period of unconsciousness or memory loss after the injury. They can result in long-term or permanent impairments that affect every aspect of a person’s life.
It is critical to seek medical attention after any head injury, as some symptoms may not appear immediately. What seems like a minor issue at first can develop into a significant problem with lasting consequences.
Top Causes of TBI and Their Legal Implications
Many TBIs are not just unfortunate accidents but the direct result of preventable situations. When another party's failure to act with reasonable care causes an injury, they may be held legally and financially responsible. This failure is often referred to in the law as negligence.
Falls: A Leading Contributor to TBI
Falls are one of the most common ways people of all ages sustain a TBI. For older adults and young children, falls represent a particularly high risk. Many of these incidents are connected to unsafe conditions on someone else's property, which can lead to a legal claim known as a premises liability case. This area of law holds property owners responsible for maintaining a reasonably safe environment for visitors.
Common hazards that can lead to a fall-related TBI include:
- Wet and slippery floors in a grocery store or restaurant without proper warning signs.
- Poorly lit stairwells or parking garages in a building in Pompano Beach.
- Broken or missing handrails on a set of stairs.
- Uneven pavement or cracks on a sidewalk in a Port St. Lucie shopping center.
When a property owner knew or should have known about a dangerous condition and failed to fix it or warn others, they may be considered negligent.
Motor Vehicle Accidents and Head Injuries
The immense force involved in traffic collisions makes them a primary source of moderate to severe TBIs. Whether in a car, on a truck, or riding a motorcycle, the sudden impact can cause the head to strike the steering wheel, a window, or the pavement. Even without a direct blow, the rapid acceleration and deceleration from a crash can cause the brain to slam against the inside of the skull, leading to a serious injury.
These accidents are frequently caused by a driver's negligence. Examples include:
- Distracted Driving: A driver texting on their phone instead of watching the road.
- Impaired Driving: Someone operating a vehicle under the influence of alcohol or drugs.
- Aggressive Driving: Speeding down I-95 or tailgating another vehicle.
- Violating Traffic Laws: Running a red light or failing to yield the right-of-way.
Truck, motorcycle, bicycle, and pedestrian accidents also pose a high risk for TBI. The lack of protection for motorcyclists, cyclists, and pedestrians means that a collision with a much larger vehicle can have devastating consequences.
Struck-By/Against Events
This category includes injuries from being hit by a moving object or being forcefully pushed against a stationary object. The context for these events can vary widely, from a workplace to a public park. For instance, in a busy retail store, improperly stacked merchandise could fall from a high shelf and strike a shopper.
Workplaces, especially construction sites, can be particularly hazardous. A TBI could result from:
- Falling tools or building materials.
- Equipment malfunctions.
- Forceful collisions with heavy machinery.
In these situations, a third party—such as a contractor or equipment manufacturer—may be responsible for the injury, even if it occurred while the person was on the job.
Acts of Violence and Intentional Harm
Sadly, intentional acts of violence are also a cause of traumatic brain injuries. Assaults, altercations, and other violent crimes can inflict severe head trauma. While the person who committed the act will likely face criminal charges, the injured individual also has rights in the civil justice system.
A civil lawsuit is a separate process from a criminal case and allows the survivor of the violence to seek financial compensation directly from the responsible party for their injuries and related losses.
Proving Responsibility for a TBI-Causing Incident
To hold someone accountable for a TBI, you generally need to prove they were negligent. This involves establishing four key elements, and a legal team can help gather the evidence needed to support each one.
The building blocks of a negligence claim are:
- Duty of Care: The person or entity who caused the harm had a legal responsibility to act with a certain level of care to avoid hurting others. For example, all drivers have a duty to operate their vehicles safely and obey traffic laws.
- Breach of Duty: They failed to meet that responsibility. A driver who was speeding breached their duty of care.
- Causation: This breach of duty was the direct cause of the accident and the resulting TBI. You must show that the injury would not have happened if not for their careless actions.
- Damages: The TBI led to quantifiable losses. These are the physical, emotional, and financial costs associated with the injury.
Evidence used to build a strong case can include police reports, photos and videos from the scene, witness statements, medical records detailing the TBI diagnosis and treatment, and testimony from medical and financial professionals.
What Kind of Compensation Can Be Pursued in a TBI Claim?
The goal of a personal injury claim is to secure compensation, legally referred to as damages, to help the injured person cover the extensive costs that come with a TBI. These injuries can require a lifetime of medical care and support, and a successful claim can provide the financial resources needed to manage these challenges.
Damages in a TBI case are typically broken down into two main categories:
- Economic Damages: These are the specific, calculable financial losses related to the injury. They include past and future medical bills, costs for rehabilitation and physical therapy, lost wages from being unable to work, and diminished future earning capacity if the TBI prevents a return to a previous career.
- Non-Economic Damages: These damages are meant to compensate for the non-financial impact of the injury. This includes physical pain and suffering, emotional distress, loss of enjoyment of life, and the impact on personal relationships.
Florida follows a legal rule known as modified comparative fault. This means that even if you are found to be partially at fault for the incident that caused your TBI, you may still be able to recover damages. However, your total compensation award would be reduced by your percentage of fault. For instance, if you were found to be 20% at fault, you could still pursue the remaining 80% of your damages from the other responsible party.
The Importance of Acting in a Timely Manner
If you or a loved one has suffered a TBI because of someone else's actions, it is crucial to understand that there is a limited window of time to take legal action. This deadline is called the statute of limitations. Its purpose is to ensure that claims are brought forward while evidence is still available and memories are fresh.
In Florida, the time limit for filing a lawsuit based on negligence, such as for a car accident or a slip and fall, is generally two years from the date of the incident. For wrongful death claims, the deadline is also two years.
If you miss this deadline, the court will likely dismiss your case, and you could lose your right to pursue compensation forever. Because of these strict time limits, speaking with an attorney as soon as possible after the injury is an important step in protecting your rights.
FAQs about Common TBI Causes
Here are answers to some frequently asked questions about traumatic brain injuries and their causes.
Can a TBI happen even if I did not lose consciousness?
Yes, absolutely. Many mild traumatic brain injuries, including most concussions, do not involve any loss of consciousness. It is a common misconception that you must be "knocked out" to have a brain injury. Any jolt or blow to the head that causes symptoms like confusion, dizziness, memory problems, or headache should be evaluated by a medical professional.
What is the difference between a TBI and a concussion?
A concussion is considered a type of mild traumatic brain injury. Think of TBI as the broad category and concussion as a specific diagnosis within that category. While concussions are on the milder end of the spectrum, they are still serious injuries that can have lasting effects if not properly managed.
Can a work-related accident that causes a TBI be a personal injury case?
It can be, depending on the circumstances. Most on-the-job injuries are handled through the workers' compensation system. However, if a third party—someone other than your employer or a direct coworker—was responsible for the accident, you might be able to file a separate personal injury lawsuit. For example, if you were injured by defective equipment, you could have a claim against the manufacturer.
How long does a TBI case usually take to resolve?
The timeline for a TBI case varies significantly. Some cases may settle in a matter of months, while others, especially those involving severe injuries and complex liability issues, could take several years to resolve, particularly if they proceed to a trial. The specific facts of the case and the willingness of the parties to negotiate will influence the duration.
What if my TBI symptoms did not show up right away?
It is very common for the full extent of TBI symptoms to be delayed. You might feel "fine" right after an accident, only to develop headaches, cognitive difficulties, or mood changes days or even weeks later. This is why seeking a prompt medical evaluation is so important. A delayed onset of symptoms does not automatically prevent you from pursuing a claim, but it highlights the need for thorough medical documentation to connect the injury to the initial incident.
A Law Firm That Can Help You Move Forward
A traumatic brain injury can be a life-altering event, creating immense physical, emotional, and financial challenges for you and your family. If your injury was caused by the careless or reckless actions of another, you have the right to seek justice and accountability. The attorneys at Frankl Kominsky Injury Lawyers are dedicated to providing compassionate and determined legal representation to TBI survivors throughout South Florida.
Our team has a deep understanding of the complexities involved in brain injury cases. We are prepared to investigate your case, gather the necessary evidence, and build a compelling claim aimed at securing the full compensation you deserve. We serve clients in Boynton Beach, Pompano Beach, Port St. Lucie, West Palm Beach, and beyond. To discuss your case in a free, no-obligation consultation, contact us today.
