Brain Injury Lawyers Serving Gainesville

Gainesville, Florida, is a bustling city in the North Central part of the state. It is home to several universities, such as the University of Florida, Santa Fe College, and the University of Central Florida. The city is also popular for its scenic parks, museums, and other attractions. Despite its many charms, Gainesville is no stranger to the issue of brain injuries.

Brain injuries can be devastating for victims and their families. They can cause long-term physical, cognitive, and emotional impairments that can drastically alter a person's life. Victims often require expensive medical treatment, rehabilitation programs, and therapies, which can quickly deplete savings and insurance policies. Plus, due to the severity of the injuries, brain injury victims may be unable to work. This leaves them vulnerable and with limited income resources.

For these reasons, Gainesville residents need to be aware of the risks of brain injury and their options if they or a loved one sustain an injury. By understanding the basics of filing a claim after a brain injury, victims and their families can take steps to get the compensation they need to cover medical bills, lost wages, and other costs associated with their injury.

What Is a Brain Injury?

A brain injury is any type of injury to the brain that occurs as a result of a trauma or an acquired medical condition. This can include traumatic brain injuries (TBIs) caused by an external force, such as falls, car accidents, sports injuries, and more. It can also include non-traumatic brain injuries caused by strokes, aneurysms, oxygen deprivation, tumors, and infections.

Brain injuries can be mild or severe, and the symptoms can vary significantly depending on the location and severity of the injury. Mild TBIs are sometimes referred to as concussions and can result in headaches, nausea, difficulty with concentration and memory, dizziness, fatigue, and/or sleep disturbances. Severe TBIs can lead to more serious long-term cognitive and physical impairments such as paralysis, difficulty speaking or understanding language, changes in personality, and seizures.

No matter the severity of the injury, a brain injury can profoundly impact an individual's life. It is important for individuals who have sustained a brain injury to seek proper medical care and to understand their legal rights. Depending on the cause of the brain injury, individuals may be able to file a claim for compensation for their losses due to their injury.

What Are the Main Causes of Brain Injuries?

A wide variety of incidents, including falls, car accidents, sports injuries, and acts of violence, cause brain injuries. Falls are the most common cause of brain injuries, accounting for over 40% of all traumatic brain injuries yearly. Other causes of brain injuries include car accidents, acts of violence such as a gunshot wound or shaken baby syndrome, and contact sports such as football, soccer, and boxing.

Car accidents are the second most common cause of traumatic brain injuries, accounting for 20% of all yearly cases. This is because, during a car accident, the head and brain can be subjected to strong forces that may cause a brain injury. Falls are the next most common cause, followed by sports-related activities, assaults, and lastly, being struck by or against an object.

No matter the cause of the injury, it is important to be aware that any trauma to the head can result in a serious brain injury. It is also important to be aware that many brain injuries can occur without any external signs of injury.

What Are the Most Common Types of Brain Injuries?

Brain injuries can range from mild to severe and can involve different types of injury. The most common types of brain injury include:

  • Concussions: Concussions are one of the most common types of brain injuries. A sudden, strong force causes them on the head that can disrupt normal brain function. Symptoms of a concussion can include headache, dizziness, confusion, memory problems, nausea, and balance problems.
  • Traumatic Brain Injuries (TBI): Traumatic brain injuries (TBI) occur when an external force causes damage to the brain, usually from a violent blow or jolt to the head. Symptoms of a TBI can vary depending on the severity of the injury but may include impaired cognitive functioning, impaired motor functioning, changes in behavior or personality, difficulty speaking or forming thoughts, or sensory impairment.
  • Cerebral Palsy: Cerebral palsy is caused by an injury to the brain during development or after birth. It is often the result of a lack of oxygen to the brain or trauma during birth. Symptoms can include impaired muscle coordination and movement, difficulty with speech, difficulty swallowing and eating, seizures, vision or hearing impairment, intellectual disabilities, and learning disabilities.
  • Hemorrhagic Stroke: A hemorrhagic stroke occurs when a weakened blood vessel ruptures and causes bleeding within the brain. This can cause swelling and pressure within the skull, leading to severe brain damage. Symptoms of a hemorrhagic stroke can include severe headache, confusion, weakness on one side of the body, slurred speech, loss of coordination and balance, vision problems, coma, and even death.
  • Anoxic Brain Injury: An anoxic brain injury occurs when there is a lack of oxygen in the brain. This type of brain injury can occur due to drowning, suffocation, carbon monoxide poisoning, or drug overdose. Symptoms of an anoxic brain injury can include confusion, seizures, coma, respiratory failure, and even death.
What Claims Can I File After a Brain Injury?

If you have suffered a brain injury due to another person's negligence or recklessness, you may be able to file several types of claims. These include personal injury, wrongful death, and medical malpractice claims.

  • Personal injury claims: If your injury results from another person's negligence, you may be able to pursue a personal injury claim. This claim will allow you to recover damages for medical expenses, lost wages, pain and suffering, and emotional distress. In some cases, you may even be able to recover punitive damages.
  • Wrongful death claims: If your loved one has passed away due to a brain injury, you may be able to file a wrongful death claim. A wrongful death claim will allow you to seek compensation for the loss of your loved one's companionship, funeral expenses, and other costs associated with their death.
  • Medical malpractice claims: When you suffer a brain injury because of the incompetence, carelessness, or negligence of a doctor or other healthcare provider, you may be able to file a medical malpractice claim. Filing this claim will see that you recover damages for medical bills, lost wages, pain and suffering, and other costs associated with the injury.

It is important to note that each type of claim has its own set of requirements and legal procedures. Therefore, it is important to speak with an experienced brain injury attorney to ensure that you understand your rights and the legal process. An experienced attorney can provide valuable guidance throughout the process and help ensure you receive the compensation you deserve.

What Elements Are Needed to Prove Negligence with a Brain Injury?

To prove negligence with a brain injury, you need to be able to demonstrate that someone was at fault. This can be difficult because brain injuries often occur as a result of complex or unforeseen circumstances, so it's important to understand what elements are needed to prove negligence successfully.

The first element is to prove that the other party had a duty of care toward the injured person. This means that the other party was obliged to protect the safety and well-being of the injured person.

The second element is to demonstrate that the other party failed in their duty of care, resulting in injury. This is usually done by proving that the other party acted recklessly or negligently. For example, if a doctor misdiagnosed a patient and fails to recognize the signs of a brain injury, this could be seen as negligence and proof of a breach of duty.

The third element is to demonstrate that the other party's negligence directly caused the injury. This can be done by demonstrating a "causal link" between the other party's actions and the injury suffered. It's important to prove that there is no explanation for the injury other than the other party's negligence.

Finally, it's necessary to prove the damages incurred due to the injury. This can include medical bills, lost wages, pain and suffering, and other related expenses.

These elements must be present to prove negligence with a brain injury. If you or someone you know has suffered from a brain injury due to someone else's negligence, it's important to seek legal counsel to understand your rights and ensure that you receive proper compensation for your losses.

What Laws Were Established to Help People with Brain Injuries Sustained in Accidents?

Brain injuries affect all aspects of your life, from physical to financial. There are rules just for these reasons to ensure you are taken care of throughout your healing process and, at times, for your lifetime.

In Florida, the most prominent law in place to protect those who have suffered a traumatic brain injury as a result of an accident is the Florida Statute 768.81. This law states that any individual who has sustained a "permanent physical and/or mental disability" as a result of an accident in which another party was found negligent is entitled to receive damages for their medical expenses, loss of income, pain, suffering, and other damages.

Legally brain injury victims are to be compensated for the cost of any care they may need to receive over their lifetime.

In addition to the Florida Statute 768.81, several other laws in place in the state provide assistance and protection to those with brain injuries sustained in an accident. These include the Victims of Wrongful Death Act, the Motor Vehicle Financial Responsibility Law, and the Governmental Immunity Act.

All of these laws ensure that individuals who have been injured due to the negligence of another person or entity are protected and have access to the necessary resources to recover from their injuries.

It is important for those who have sustained a brain injury due to an accident to understand the laws in place to ensure they receive the compensation and assistance they deserve. With the help of a skilled attorney, it is possible to receive fair compensation for medical bills, lost wages, and other damages resulting from a traumatic brain injury.

How Do I Know if I Have a Valid Claim?

If you or someone you know has suffered a brain injury in an accident, it's important to understand the legal implications. To determine if you have a valid claim, you must understand the elements of a negligence claim.

To prove negligence, you must demonstrate that the defendant had a duty of care to the plaintiff, breached this duty, and that breach resulted in damages to the plaintiff. For example, if a driver was distracted by their cell phone and caused an accident resulting in a brain injury, this could constitute negligence.

If the elements of negligence can be established, there is potential for a valid claim. It is important to note that each case is unique. The best way to determine if your case is valid is by consulting with an attorney experienced in personal injury cases. An attorney can provide you with personalized advice on the best course of action to pursue.

What Are the Benefits of Filing a Claim After My Brain Injury?

Filing a claim can provide important financial and emotional benefits when you have suffered a brain injury due to someone else's negligence. First, a successful claim can compensate you for the physical and emotional damage you've suffered as a result of your injury. This includes compensation for medical bills, lost wages, and pain and suffering.

Filing a claim can also help you recoup funds to pay for rehabilitation services, such as physical and occupational therapy. These funds can also help you manage the financial burden of any modifications or adaptations that may be necessary for your home or vehicle due to your injury.

In addition to the financial benefits, filing a claim can bring a sense of justice and closure after an injury. It is a way to hold those responsible for your injury accountable for their actions. It is also an opportunity to seek justice for any losses or damages you may have suffered as a result of the accident.

Finally, filing a claim can incentivize other people to be more careful in the future. This means that you are helping to ensure that others do not suffer a similar injury as a result of someone else's negligence.

What Are the Disadvantages of Filing a Claim After My Brain Injury?

Filing a claim for a brain injury can be complex and time-consuming. There are several potential drawbacks to filing a claim for a brain injury, including:

  • Long Wait Times: Depending on the circumstances of your case, it may take a significant amount of time for your claim to be resolved. This can be especially true if the other party denies liability or disputes the damages you seek.
  • Uncertain Outcome: While you may have been hurt and you have the wound or scars to show for it, your claim is never guaranteed to be successful, as the other party could dispute the facts or the amount of damages sought. It is also possible that the court may find that the other person is not liable for the injuries caused to you.
  • Financial Risk: Most of the time, brain injury victims are forced to pay for treatment and claim associated fees out-of-pocket. If your case is unsuccessful, you will not be able to recover these costs.
  • Stress and Frustration: The process of filing a claim can be long and arduous and can cause frustration and stress as you wait for a resolution. Additionally, the process of testifying in court can be difficult and emotionally draining.

By weighing the pros and cons of filing a claim, you can make an informed decision about whether it is the best course of action for you and your family.

Contact a Frankl Kominsky Injury Lawyers, Brain Injury Lawyers Serving Gainesville

If you or a loved one has sustained a brain injury in an accident, it is important to contact an experienced brain injury lawyer serving Gainesville and surrounding areas. An experienced lawyer will understand the complexities of this type of injury and can help you with every step of the claims process.

Frankl Kominsky Injury Lawyers, a law firm serving Gainesville, FL, has represented in brain injury cases and has extensive experience representing victims of traumatic brain injuries. Our attorneys are well-versed in both the medical and legal aspects of such cases, and they can ensure that your rights are protected throughout the legal process.

With our extensive knowledge of the legal system, we will aggressively fight for fair compensation for your injury, considering all costs associated with medical care, lost wages, emotional distress, and other expenses related to the accident.

At Frankl Kominsky Injury Lawyers, we are passionate about helping individuals who have suffered from a brain injury caused by an accident. We understand the physical, emotional, and financial toll a traumatic brain injury can have on someone's life. We are dedicated to providing personalized attention and aggressive representation to get you the compensation you deserve. Contact us at (561) 800-8000 to speak with an experienced brain injury lawyer serving Gainesville.

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Mr. Frankl was such an asset to have on my team while I picked up the pieces following an accident. Right from the beginning he assisted handling the insurance companies, rental car companies, auto body shops, police reports, it was incredible. His guidance allowed me to focus on the most important thing and that was my medical condition & recovery. Should you find yourself in this unfortunate situation do yourself a favor & trust this man & his expertise. By Damon