Miami Brain Injury Lawyer

Brain injuries of any kind are medical conditions that should never be ignored. Whether you or a loved one are battling a concussion or traumatic brain injury caused by another person, you should speak to a lawyer about your rights and possibilities.

Depending on the complexity of the injury, there can be severe consequences that alter the way someone lives for the rest of their life. Brain injuries, if severe enough, can also lead to death.

Have you or a loved one recently suffered from an accident that resulted in a brain injury? Here’s what you need to know about your case and what you can do to seek justice or extra compensation.

What Is a Brain Injury?

A traumatic brain injury , abbreviated as TBI, is a sudden injury to someone’s brain after experiencing an extreme force of some sort. The most common form of TBIs is concussions. Concussions are often seen in athletes, especially in football from the hard contact with helmets. It’s reported that nearly 3.8 million concussions occur annually based on sport-related incidents.

Brain injuries can be identified as either mild or severe. Mild brain injuries still have nerve cells in the brain that are disrupted, and this results in the person experiencing a blackout or brief lack of consciousness. These forms of TBI typically result in the person making a full recovery after at least two weeks.

Severe brain injuries occur when someone is unconscious for over 24 hours. A lot of work is to be done when a person suffers a severe brain injury. The extent of the injury will indicate what will happen to the patient after they leave the hospital, such as any life-long medical interventions or procedures.

Different Types of Brain Injuries

Brain injuries can be classified into two different categories: closed and penetrating.

A closed brain injury can be caused by rapid shaking or consistent, harsh movement with nothing penetrating the skull. Car accidents, falls, and sports are good examples of accidents that can result in a closed brain injury.

A penetrating brain injury occurs when an item strikes the skull and causes a break. Shootings and bullets are examples of what can cause a penetrating brain injury.

Both kinds of brain injuries can be caused by other people, which results in the possibility of a lawsuit being filed. Since both types of brain injuries can cause severe, life-altering circumstances, justice may be sought by injured parties.

Symptoms of Brain Injuries

Mild and severe brain injuries have varying physical and mental symptoms that could appear instantly or a little while after the injury occurs.

Here are the symptoms of mild brain injuries:

  • Headache
  • Nausea and/or vomiting
  • Drowsiness or vertigo
  • Slurred speech
  • Blurred vision
  • Sensitivity to light or sound
  • Loss of consciousness for a few seconds to a few minutes
  • Feeling confused or dazed
  • Problems with sleep

Here are the symptoms of severe brain injuries to watch out for:

  • Longer unconsciousness
  • Consistent headache that worsens
  • Nausea and/or vomiting
  • Seizures
  • Pupil dilation
  • Numbness in fingers and toes
  • Extreme confusion or agitation
  • Slurred speech
  • Unusual behavior
  • Coma-like stance or not waking up from sleep
Causes of Brain Injuries

There are many possible causes for brain injuries being sustained by an individual. Here are a few possible causes:

  • Motor vehicle accidents
  • Falls
  • Gunshot wound
  • Military blast
  • Shaking or sudden force (this is a popular cause of brain injuries in babies)
The Significant Differences in Child and Adult Brain Injuries

Anyone that suffers from a brain injury faces possible symptoms that can be challenging to endure, but there are differences in brain injuries sustained by children and adults. Although they can share the same symptoms, that’s not always the case.

Symptoms of brain injury in chilren and babies can include:

  • Persistent crying
  • Irritability
  • Inability to eat
  • Seizures
  • Drowsiness
  • Loss of interest in favorite activities
  • Change in sleep (too much or too little)

While it is important to treat every brain injury, children and infants face more risks since their brain is not fully developed as adults. A child or infant's brain is still fragile to have an impact of a brain injury that leads to life-altering impairments that they may never recover from.

A brain injury can lead to significant drawbacks in the future development of children, but there are rare cases when a child’s brain can grow around the injury. Since an adult's brain is more developed and equipped, adults have a higher chance of not only surviving brain injuries, but for making a complete recovery as well.

Infants and children who experience a brain injury at such an early age can see impairments later in life when it comes to their motor and social skills. If a brain injury occurs after a few years of life, the child could face major setbacks where their normal everyday existence completely reverses. The injury could make them have to relearn the social, emotional, and motor skills they once knew.

Treatments for Brain Injuries in Miami, Florida

Mild brain injuries usually do not require lengthy or extensive treatments since they are not as severe as more intense brain injuries. At most, mild brain injury patients may have to take medicine or rest, while severe brain injury patients face new sets of challenges.

Complex brain injuries, and typically in severe cases, see a lot of swelling or bleeding if the trauma was intense. Because of this, surgery may be needed in order to stop the swelling or bleeding and prevent any more possible issues.

There can be causes for other surgeries on the brain, too, depending on the cause. For instance, hemorrhages, skull fractures, and opening a window for brain drainage all require surgery to try and repair the damage that was done.

Here are some other possible treatments for victims suffering from any form of brain injury:

  • Rehabilitation for motor or physical skills (including occupation and verbal)
  • Counseling
  • Medications

Some medications can be administered before certain surgeries such as coma-inducing medication to prepare the patient for what comes next. In other cases, medications may be needed after surgery or being released from the hospital to assist with pain or surgery.

Brain Injury Costs & Impacts

There are several costs associated with brain injuries because these are sensitive, serious medical conditions. Your insurance coverage, hospital stays, surgeries, and medications all can pose a financial burden in addition to the emotional state a family experiences from these injuries.

While it may be the last thing on your mind, it is highly recommended that patients and their families keep a record of any hospital bills or medication receipts to seek reimbursement later on. If your insurance does not cover the bills, you might be able to have the at-fault person pay them for you in your lawsuit if the situation makes you eligible to file a claim.

Additionally, there are other costs associated with brain injuries other than the sum of all bills and medications. Some costs cannot be totaled up in brain injury situations. For example, pain and suffering, impact on quality of life, and emotional toll all count as costs victims may pay for sustaining these injuries, including death.

If a person suffers a severe brain injury that requires them to need the assistance of ongoing medical treatment for the rest of their life, this can be a huge financial and emotional burden if they are physically not able to operate the same after their accident.

It is possible to seek extra compensation for these wrongdoings that can not only bring emotional healing to a wrong that was committed, but also provide additional assistance for the unfairness that could have been prevented.

In order to seek extra compensation on top of your insurance, you should first have the assistance of a high-quality lawyer.

How To Find Monetary Assistance For Brain Injuries

There are several ways a person who has experienced a brain injury can seek monetary assistance after their accident:

  • Through their insurance
  • By filing a lawsuit against the at-fault individual
  • Filing for disability (if you meet certain requirements)

Your insurance coverage may assist in paying a certain percentage of your surgeries or procedures in the hospital while covering some benefits if you need additional assistance once the injury has settled. If you are unsure or have forgotten what your health insurance covers, you should revisit the fine print or have a lawyer look over your declaration document to determine how much assistance you may be eligible for.

Another avenue you can take for brain injuries in Miami, Florida, is to hire a brain injury lawyer. If your brain injury is the result of someone else’s negligence, a brain injury lawyer can help you file a lawsuit and seek extra compensation (on top of your insurance, if possible) from the at-fault individual.

If your brain injury puts you out of work and have a disability, then one way to still receive a monthly income is to file for disability. It is not uncommon for brain injury victims to be placed out of work due to the severity of their injuries, so there are a few steps you will need to take in order to be approved for a monthly disability check. You should also be prepared that it can be a lengthy process.

The first step is to complete the Social Security Administration’s application, which can take between two to three months to complete on its own. If your application is approved, you will then have a hearing as a part of the next step. Again, this part is a lengthy step and can take up to a year to complete.

Filing for disability can be worth it for victims that need it the most, and a lawyer can assist you with the paperwork and process if your initial application is denied.

Can a Person Fully Recover From a Brain Injury?

The good news is that it is possible for an individual to make a full recovery from a mild and severe TBI, but that doesn’t mean it’s always easy. For severe brain injury patients, recovery is possible after years of persistent rehabilitation and interventions to strengthen their skills that were damaged or lost in the initial injury.

You should be prepared for the length it can take to see results from those who suffer severe injuries. It can be devastating for families to go through and witness.

What Is a Brain Injury Lawsuit?

If you or your loved one’s brain injury is a result of someone else’s negligence, then you have the right to file a brain injury lawsuit to seek a possible settlement.

A brain injury lawsuit is a claim you can file with your selected attorney to serve the responsible individual. These kinds of lawsuits can be time-consuming, depending on who you are going up against. You will need substantial evidence to prove these injuries were the cause of the defendant’s negligence as well as proof of the aftermath effects when seeking adequate settlement.

Proving Fault in Brain Injury Patients

Some brain injuries can be easier to prove fault in than others. For example, car accidents or episodes of violence can be clear that the TBI is the defendant’s fault. If the defendant was speeding, driving under the influence, or knowingly shot the victim, these are all actions of known negligence or recklessness that can be proven.

If you are going up against a hospital and medical professionals, these cases may not be so easy. Hospital organizations are built with protection to ensure they do not face these types of lawsuits. Proving negligence in medical malpractice cases can be more difficult.

If you are trying to prove negligence against a hospital, your case will include in-depth interviews and trials with other medical professionals testifying on the common procedures and level of care that should be typically acted out in brain surgeries as the one you experienced.

How A Brain Injury Lawyer Can Help

You can benefit from the help of an experienced brain injury lawyer to assist you in any brain injury case, especially if you are up against a hospital organization. Brain injury lawyers know how sensitive these cases are and have in-depth knowledge of medical laws and the statute of limitations.

Attorneys work endlessly to establish the evidence that support your position when merited. They will also speak and negotiate on your behalf.

Tips For Finding the Best Brain Injury Lawyer

When you begin your search for the best Miami Brain Injury Layer to work with, the first thing you should look for is a reputable background. The lawyer you hire should have handled similar cases with successful outcomes.

Brain injuries can put extreme emotional and financial stress on a family. If you are grieving the loss of a loved one from a preventable brain injury, it’s important to choose a highly competent attorney to fight on your behalf when you seek compensation.

These cases can last up to a year if it’s very complex or more difficult to prove negligence. Because of this, you should select a lawyer that is highly professional and establishes an honest, open line of communication with you at all times to inform you of what is going on and what to expect.

Your Expected Brain Injury Settlement

You will likely have many questions regarding your brain injury case, particularly about how you should proceed. While there is no definite answer as to how much you can ultimately recover in compensation, your lawyer can give you an estimate based on the evidence and circumstances.

If your case makes it to trial with no settlement reached prior between you and the defendant, the jury will be responsible for determining if you merit compensation and if so, how much. They will look at your economic and non-economic losses surrounding the accident to establish the correct figure.

Let Frankl Kominsky Injury Lawyers Fight for You

Frankl Kominsky Injury Lawyers understand how stressful and emotional brain injuries can be, which is why we want to help you seek the justice and extra compensation you rightfully deserve.

One of our highly acclaimed brain injury attorneys is waiting to speak with you during a no-obligation free consultation.

Start by calling our firm at (561) 800-8000 or leaving your information in our free case evaluation form online.

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