Brain Injury Lawyers Serving Greenacres

Brain injuries are a serious matter that can have significant physical, emotional, and financial consequences. From a medical standpoint, brain injuries can cause long-term disabilities and require extensive rehabilitation. They can also lead to mental health issues such as depression and anxiety.

From a financial perspective, the costs associated with treating a brain injury can be astronomical. In addition to medical bills, there may be lost wages from time off work or the inability to return to work.

But perhaps most importantly, filing a brain injury claim is about holding those responsible accountable for their actions if someone else's negligence caused your injury - whether due to an accident or medical malpractice - they should be held accountable for their actions.

Filing a brain injury claim isn't just about seeking compensation for yourself; it's about ensuring others don't suffer the same fate. By bringing attention to these cases and ensuring justice is served, we can help prevent similar incidents from happening again.

What is the Legal Definition of a Traumatic Brain Injury?

A traumatic brain injury, or TBI, refers to damage to the brain caused by a violent blow or jolt to the head. The legal definition of a TBI is an insult to the brain, not of a degenerative or congenital nature, resulting in demonstrated brain function loss. 

A TBI can range from mild to severe and cause temporary or permanent impairment. Mild TBIs, also known as concussions, may cause symptoms like headaches, dizziness, blurred vision, and confusion that resolve quickly. Severe TBIs can cause lifelong disabilities, coma, or even death. 

Doctors evaluate symptoms, medical tests like CT scans or MRIs, and loss of function to determine if someone has suffered a TBI legally. If testing reveals structural brain damage, that is typically enough for a legal diagnosis of traumatic brain injury. However, even without visible lesions, a TBI can still be determined if a person exhibits significant, persistent cognitive, physical, emotional, or social impairment resulting from brain injury. 

How Are Brain Injuries Classified?

Brain injuries are classified based on various factors, including the cause of injury, location in the brain, and severity. The most common classification is based on the mechanism of injury: open or closed. Open head injuries occur when an object penetrates the skull and damages the brain tissue directly. Closed head injuries happen when a blow to the head doesn't penetrate the skull.

Another way to classify brain injuries is by their location in the brain. For example, frontal lobe damage can affect personality and decision-making abilities; parietal lobe damage can impact sensory perception and spatial orientation; temporal lobe damage can affect memory retention and speech comprehension, while occipital lobe damage can lead to vision impairment.

The severity of a brain injury is another important factor in its classification. Mild traumatic brain injuries (mTBIs) include concussions that may result in temporary confusion or disorientation but often don't require hospitalization. Moderate TBIs cause more significant cognitive deficits such as headaches, dizziness, nausea/vomiting, or seizures, while severe TBIs result in long-term physical disabilities like paralysis or coma.

What Are the Leading Causes of Brain Injuries?

Traumatic brain injuries are devastating and, unfortunately, quite common. The leading causes of brain injuries include motor vehicle accidents, falls, assaults, and sports-related concussions. 

Motor vehicle accidents are the most frequent cause of severe brain trauma. When a person's head violently impacts the windshield, roof, or another part of the vehicle during a crash, it can cause bruising, bleeding, and damage to the brain tissue. Even if someone survives the initial impact, a traumatic brain injury can develop in the following days and weeks. 

Falls are another major cause, especially in the elderly and young children. Slipping and falling from heights like stairs, ladders, porches, or roofs can easily lead to a head injury. Simple tripping and falling can also cause a skull fracture or concussion for some. 

Assaults and violence also contribute to thousands of brain injuries each year. Whether from a punch, kick, beating, or use of a weapon, any blow to the head can disrupt the brain's function. 

Sports and recreation also pose risks, with football having the highest rates of concussion for athletes. While helmets have reduced other injuries, concussions are still common in contact sports due to the immense forces involved in collisions. 

Preventing traumatic brain injuries requires education, safe practices, close supervision of at-risk groups like children and the elderly, and sometimes limiting high-impact activities. While we have progressed, more work is needed to raise awareness and reduce this leading cause of disability and death.

How Long After a Head Injury Can Symptoms Develop?

After a head injury, symptoms can develop immediately or take some time to manifest. This is because every brain injury is unique and depends on various factors, such as the impact's severity, the injury's location, and individual characteristics.

Some people may experience symptoms immediately after a head injury, while others may not notice any changes until hours or even days later. It's common for concussion symptoms to be delayed several hours or days after an accident.

Symptoms can range from mild headaches and dizziness to more severe issues like memory loss and seizures. It's important to seek medical attention as soon as possible if you suspect that you've suffered a head injury.

If left untreated, certain injuries can cause long-term damage that could have been prevented with early intervention. Additionally, seeking prompt medical care can strengthen your case if you pursue legal action against those responsible for causing your injuries.

What is the Glasgow Coma Scale?

The Glasgow Coma Scale (GCS) is a tool used to assess an individual's level of consciousness after a brain injury. The scale measures the patient's ability to open their eyes, respond verbally, and respond to stimuli.

The GCS assigns scores from 3-15 based on the patient's responses in each category. A score of 3 indicates severe impairment, while a score of 15 indicates normal functioning.

Medical professionals use this scale to evaluate the severity of a traumatic brain injury and determine the appropriate treatment. It can also track progress over time and make informed care decisions.

While the GCS is widely recognized as an effective assessment tool for brain injuries, it does have limitations. It may not accurately reflect cognitive function or other factors affecting recovery.

The Glasgow Coma Scale is an important tool for assessing patients after head trauma but should be used in conjunction with other assessments and clinical judgment.

Can a Mild Traumatic Brain Injury Result in a Viable Lawsuit?

Brain injuries can vary in severity from mild to severe, and many people wonder if a mild traumatic brain injury (TBI) is enough to result in a viable lawsuit. The answer is that it depends on the circumstances of each case.

A mild TBI may not seem serious initially, but it can still have long-lasting effects on an individual's quality of life. Symptoms such as headaches, dizziness, and memory problems can persist for weeks or months after the initial injury. Some individuals with mild TBI may also experience personality changes or emotional disturbances.

If someone else's negligence caused your mild TBI, you may be able to pursue compensation through a personal injury lawsuit. However, you will need to prove that the other party was responsible for your injury and that their actions directly led to your damages.

It's important to note that even if your TBI seems relatively minor compared to more severe cases, seeking legal representation can help ensure you receive fair compensation for any medical bills or lost wages resulting from the incident.

In summary, while a mild traumatic brain injury may not always result in a viable lawsuit on its merit alone, seeking legal advice could still provide helpful insight into whether or not pursuing one would be beneficial based on specific details surrounding each unique case.

Can a Brain Injury Lawsuit Be Filed on Behalf of a Minor?

When a minor suffers from a brain injury, it can be quite challenging for their parents or guardians to navigate the legal process of filing a lawsuit. However, it is possible to pursue compensation on behalf of the child.

In such cases, the parent or guardian can act as the child's legal representative and file a claim against the responsible party. The damages awarded in such lawsuits usually cover medical expenses, lost income (if applicable), pain and suffering, and other related costs.

One thing to keep in mind is that there may be certain limitations on when and how a lawsuit can be filed on behalf of a minor. For example, some states have specific time frames within which claims involving minors must be filed.

It's crucial to consult with an attorney experienced in brain injury cases to ensure that all legal requirements are met when pursuing compensation on behalf of a minor. A knowledgeable lawyer will help you understand your rights and options while ensuring your child receives fair compensation for their injuries.

What is the Burden of Proof in a Brain Injury Lawsuit?

The burden of proof in a brain injury lawsuit lies with the plaintiff, meaning they must provide evidence to support their claim. It is up to the injured party and their legal team to prove that the defendant was at fault for causing the brain injury.

To meet this burden of proof, plaintiffs must show that the defendant had a duty of care towards them, breached that duty by acting negligently or recklessly, and as a result of this breach, caused the brain injury.

This can be easier said than done, as proving negligence on behalf of another party requires thorough investigation and documentation. Medical records, witness statements, expert opinions, and other forms of evidence may all be necessary to establish liability.

It is important to note that plaintiffs must prove liability and damages suffered due to their injuries. These can include medical expenses incurred because of treatments related to the head injury, such as surgery or physical therapy sessions. Lost wages due to an inability to work because of permanent disability are also examples.

Can a Brain Injury Lawsuit Be Filed Against a Government Entity?

Brain injuries can be caused by various factors, including accidents on government property or due to the negligence of government entities. Individuals may seek compensation through a brain injury lawsuit filed against the responsible agency in such cases.

It is important to note that filing a lawsuit against a government entity can be more complicated than filing one against an individual or private company. The laws and procedures surrounding these cases vary by state and municipality.

One key difference in suing a government entity is the concept of sovereign immunity, which protects federal, state, and local governments from lawsuits. However, there are exceptions to this immunity for instances where negligence or misconduct can be proven.

If you believe your brain injury was caused by the actions or lack thereof of a government agency or employee, it is crucial to consult with an attorney experienced in this area of law. They will know the specific requirements for filing suits against governmental entities and how best to navigate those processes.

In summary, while it is possible to file a brain injury lawsuit against a government entity under certain circumstances, doing so requires careful consideration and may require legal guidance.

What is the Process of Filing a Brain Injury Lawsuit?

When an individual suffers a brain injury due to the negligence of another party, they may be entitled to compensation through a brain injury lawsuit. The process of filing such a lawsuit involves several steps.

Firstly, hiring an attorney experienced in brain injury cases is important. They will help gather evidence and build a strong case on your behalf.

Your attorney will then file the necessary paperwork with the court, including a complaint that outlines your claim against the defendant and their alleged negligence.

Next, there is typically a period of discovery where both parties exchange information and evidence relevant to the case. This can include medical records, witness testimony, and expert opinions.

After discovery is complete, there may be settlement negotiations between both parties. If no agreement can be reached, the case will proceed to trial, where a judge or jury will determine if compensation should be awarded.

It's important to note that every brain injury lawsuit is unique and may involve variations in this process. However having an experienced attorney by your side can make all the difference in achieving justice for your injuries.

Can a Brain Injury Lawsuit Be Settled Out of Court?

Many people wonder if they can be settled out of court when it comes to brain injury lawsuits. The short answer is yes, but it depends on the case's circumstances and both parties' willingness to negotiate.

Settling a brain injury lawsuit out of court means that both sides can agree without going through a trial. This can save time and money for everyone involved, as trials can be lengthy and expensive.

However, it's important to note that settling out of court may not always result in the same amount of compensation as a successful verdict at trial. In some cases, defendants may offer lower settlement amounts to avoid going through a trial.

Before settling out of court, plaintiffs must consult with their legal team and carefully weigh all options. A skilled attorney will be able to advise their clients on whether or not accepting a settlement offer is in their best interests.

Ultimately, every brain injury case is different and requires careful consideration before deciding to settle out of court versus going through with a trial.

What Types of Damages Can Be Recovered in a Brain Injury Lawsuit?

Brain injuries can be devastating for the victim and their loved ones. If you or a loved one has suffered a brain injury due to someone else's negligence, it's crucial to seek legal assistance from an attorney experienced in brain injury claims.

In a brain injury lawsuit, various types of damages can be recovered. These include economic damages such as medical expenses, lost wages, and future earning capacity. Non-economic damages like pain and suffering, loss of enjoyment of life, and emotional distress can also be recovered.

Punitive damages may also be awarded if the defendant acted with malice or extreme negligence. Punitive damages are meant to punish the defendant and prevent them from engaging in similar conduct.

If you have suffered a brain injury due to someone else's negligence or wrongdoing, don't hesitate to seek legal help immediately. An experienced attorney will guide you through every step of the process and ensure your rights are protected while fighting for fair compensation.

Contact Frankl Kominsky Injury Lawyers - Brain Injury Lawyers Serving Greenacres

If you or a loved one has suffered a brain injury due to someone else's negligence, you must seek the help of experienced lawyers who can fight for your rights. At Frankl Kominsky Injury Lawyers - brain injury lawyers - we have helped numerous clients recover compensation for their medical bills, lost wages, pain and suffering, and other damages.

Our team of skilled attorneys understands the complexities of brain injury cases and will work tirelessly to build a strong case on your behalf. We will investigate the accident thoroughly, gather evidence to support your claim, and negotiate with insurance companies or litigate in court if necessary.

Contact us today at (561) 800-8000 for a free consultation with one of our knowledgeable lawyers. We serve clients in Greenacres and throughout South Florida. Don't wait - let us help you get the justice and compensation you deserve!

Client Reviews
I have had experience in the past using other attorneys and law firms however the attorneys and staff at Frankl Kominsky are by far the best experience I have ever had. Thank you for everything this law firm has done. I recommend this law firm to everyone. By Bruce
This was an amazing injury law firm. Steven and his staff was available when I needed him and were always following up with me. I felt very fortunate that I found them. It is true that this law firm will never settle for less! I fully recommend this law firm to anyone that needs a hardworking and results oriented law firm. By Consuelo
Mr. Frankl came very highly recommended by two separate peers. I had a handful of lawyers to choose from and I chose him. He moved quick, no nonsense, and very effective. Before I knew it everything was handled and I had a serious burden lifted. If I ever have a problem again, I am going straight to him. It is that simple. By Kelly
I called Mr. Frankl and his firm about a motorcycle accident case and he helped me through the entire process. Mr. Frankl made me feel like my situation mattered to him and didn't treatment me like just another file in a file cabinet. He is smart, energetic and a true fighter. I am glad to call him my lawyer and I highly recommend Frankl Kominsky for your personal injury case. By A Personal Injury Client
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