Pompano Beach Brain Injury Lawyer

Life can change in an instant. A sudden jolt, a fall, or an unexpected collision—moments like these can lead to serious brain injuries with far-reaching consequences. At Frankl Kominsky Injury Lawyers, we understand the profound impact a brain injury can have on your life and the lives of those you care about. 

Frankl Kominsky Injury Lawyers

Brain injuries often occur without warning and can result from various situations, such as a car accident where a distracted driver runs a red light, causing a crash that leaves you with a traumatic brain injury. A slip-and-fall accident at a poorly maintained property, with hazards like wet floors or uneven surfaces, can lead to severe head injuries. Workplace accidents, an unsafe work environment, or lack of proper safety measures on the job can also result in significant head trauma. 

These incidents leave more than just physical scars. Victims may face long-term cognitive challenges, emotional distress, and financial burdens. Families often struggle with the sudden need for extensive medical care and rehabilitation, and the loss of income can be devastating. 

Filing a personal injury claim or lawsuit can hold the negligent party accountable for their actions and secure the resources you need to rebuild your life. An experienced Pompano Beach brain injury lawyer at Frankl Kominsky Injury Lawyers is here to guide you through the legal process, ensuring that you receive the justice and recovery you deserve.

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Why Choose Frankl Kominsky Injury Lawyers?

Choosing the right legal team to represent you in a brain injury lawsuit is a critical decision that can significantly impact the outcome of your case. Frankl Kominsky Injury Lawyers has a history of securing substantial settlements and verdicts for our clients. Our proven track record demonstrates our commitment to achieving the best possible outcomes, holding negligent parties accountable, and securing the compensation you deserve.

From the initial consultation to the resolution of your case, we offer comprehensive legal support. We handle all aspects of your claim, including investigation, negotiation, and litigation, allowing you to focus on your recovery. Our law firm operates on a contingency fee basis. This means you pay no upfront fees, and we only get paid if we win your case. This structure makes high-quality legal representation accessible to everyone, regardless of their financial situation. 

Being based in Pompano Beach, we know the local legal landscape and community. This local presence allows us to navigate the legal system more effectively and advocate for your best interests. We are passionate about seeking justice for our clients. Call our Pompano Beach office at 561-609-1948.

Where to Find Us in Pompano Beach

The Pompano Beach offices of Frankl Kominsky Injury Lawyers are located between I-95 and FL811A in McNab Executive Plaza at 1000 W. McNab Road, #182, Pompano Beach, Florida, 33069. 

Understanding Traumatic Brain Injury (TBI)

Traumatic Brain Injury (TBI) is a serious and potentially life-altering condition that occurs when a sudden, external force causes damage to the brain. All brain injuries, regardless of their initial presentation, should be treated as severe and warrant immediate medical attention. 

The full extent of a brain injury may not reveal itself for days, weeks, or even months after the initial injury. In many cases, the damage caused by a traumatic brain injury cannot be easily detected through standard medical tests like CT scans or MRIs. Instead, the true impact of the injury may become apparent through changes in the victim's personality, emotional well-being, and ability to function in daily life. 

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It is crucial for individuals who have suffered a TBI due to the negligence of another to seek legal guidance from experienced brain injury attorneys. These professionals can help victims and their families navigate the complex process of seeking compensation for medical expenses, lost wages, pain and suffering, and other damages related to the injury. 

By holding negligent parties accountable, victims can obtain the resources they need to access proper medical care, rehabilitation services, and support systems to help them cope with the life-altering consequences of a TBI.

TBI Symptoms and Long-Term Effects

The symptoms of a TBI can vary widely and may not always be immediately apparent. Some common physical symptoms include headaches, dizziness, nausea, fatigue, and sensitivity to light or sound. 

Cognitive symptoms may manifest as confusion, memory loss, difficulty concentrating, or slowed processing speed. Emotional and behavioral changes are also common, such as increased irritability, mood swings, depression, or anxiety. 

The long-term effects of a TBI can be devastating and far-reaching. Victims may experience ongoing physical impairments, chronic pain, and seizures. Cognitive difficulties can persist, affecting the individual's ability to work, learn, and maintain relationships. 

Emotional and behavioral changes can strain family dynamics and lead to social isolation. In severe cases, a TBI may result in permanent disability or require lifelong care and support.

Is It Possible to Make a Full Recovery After a Brain Injury?

The possibility of fully recovering from your brain injury depends on the case. Many people have now seen full recoveries because of new advances in modern medicine. There are a lot of factors that go into a person’s ability to make a full recovery after experiencing a brain injury. These can include:

  • Age
  • The severity of the accident and impact.
  • How quickly you seek medical help.
  • How the body reacts to treatment.
  • Availability of certain interventions. 

Consult your doctor to discuss what you should expect out of your unique situation.

The Difference in Adult and Child Brain Injuries

Children are particularly vulnerable to traumatic brain injuries, which can occur during playground accidents, sports activities, or even during the birthing process if doctors use excessive force. The impact of a brain injury on a child can differ significantly from that of an adult, as children's brains are still developing and may be more susceptible to long-term consequences. 

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A TBI may affect areas of a child’s development such as speech, motor skills, and cognitive abilities. For example, babies who suffer from brain injuries during birth due to forceful delivery have a higher risk of developing conditions like Cerebral Palsy.

Children with TBI may require extensive occupational therapy to relearn certain functions and may experience slower development compared to their peers. Identifying a brain injury in a baby or young child can be challenging, especially if they are not yet able to verbally express their symptoms. While some symptoms may be similar to those seen in adults, there are several signs that may indicate a brain injury in a child, including:

  • Persistent crying
  • Difficulty feeding
  • Changes in sleep patterns
  • Increased irritability
  • Loss of interest in favorite activities

Parents and caregivers must seek immediate medical attention if they suspect their child has suffered a head injury, as prompt treatment can improve outcomes and minimize the risk of long-term complications.

Common Causes of Traumatic Brain Injury

Traumatic brain injuries (TBIs) can result from a variety of situations, each posing unique risks and challenges. Here are some of the most common causes:

Motor Vehicle Accidents

Accidents involving cars, trucks, motorcycles, and other vehicles are the leading causes of TBIs. These incidents can occur due to distracted driving, speeding, impaired driving, or failure to obey traffic laws. The impact from a collision can cause the brain to move violently within the skull, leading to bruising, bleeding, or other forms of trauma.

Falls

Falls are a significant cause of TBIs, especially among young children and the elderly. These injuries can happen in various scenarios, including falls from heights, such as from ladders, stairs, or balconies; and slips and falls on wet, uneven, or poorly maintained surfaces, often leading to severe head impacts.

Engaging in high-contact sports can increase the risk of TBIs. Activities with a higher likelihood of brain injuries include:

  • Football: Repeated tackles and collisions can cause concussions or more severe brain injuries.
  • Boxing: Direct blows to the head can result in immediate and long-term brain damage.
  • Soccer: Heading the ball or collisions with other players can also lead to TBIs.

Violent Assaults

Physical violence can lead to severe brain injuries. These injuries can occur in various contexts, such as:

  • Domestic violence: Victims of physical abuse often suffer repeated head trauma.
  • Street assaults: Incidents of mugging or random acts of violence can result in TBIs.
  • Child abuse: Shaken baby syndrome and other forms of physical abuse can cause significant brain injuries in children.

Military personnel are at high risk for TBIs due to exposure to explosive blasts. These injuries can occur from:

  • Blast waves: The force from an explosion can cause the brain to undergo rapid acceleration and deceleration within the skull.
  • Combat injuries: Shrapnel, bullet wounds, or other combat-related traumas can lead to severe brain injuries.

Types of Brain Injuries

Concussions are the most common type of brain injury, with approximately 3.8 million people in the United States suffering from them annually. In Florida alone, there were 32,151 TBI-related hospitalizations in 2020, with a significant portion attributed to concussions.

However, concussions are not the only type of TBI that can qualify for a brain injury lawsuit. Several other brain injuries can be just as impactful, if not more, and may entitle a person to seek compensation and justice. Any scenario that involves a forceful impact to the head, including violence from a gunshot wound or other objects, can lead to a brain injury.

Other possible brain injuries a person may experience include:

  • Edema: swelling of the brain
  • Hematoma: a ruptured blood vessel that produces a pool of blood in the brain
  • Skull Fracture: a break in the skull that can lead to leaking fluid in the brain
  • Diffuse Axonal Injury: widespread damage to brain cells, causing them to not function properly 

This list is not exhaustive, and a person may have brain injuries that are not mentioned here. If you believe you have suffered from a brain injury that qualifies for a claim, you should have your medical records reviewed by an experienced brain injury attorney as soon as possible to discuss your legal options. 

Our dedicated team of brain injury lawyers has extensive experience handling a wide range of TBI cases, including concussions and other severe brain injuries. We understand the profound impact these injuries can have on our clients' lives and are committed to fighting for the compensation and justice they deserve.

Can I File a Personal Injury Claim for a Brain Injury?

If you or a loved one has suffered a brain injury due to the negligence or wrongdoing of another party, you may be eligible to file a personal injury claim. By pursuing a personal injury claim, you can seek compensation for your losses and hold the responsible party accountable for their actions.

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To determine if your specific situation qualifies for a personal injury claim, it is essential to consult with an attorney who has experience handling cases involving TBIs. They will review the details of your case and advise you on the best course of action.

The process of filing a brain injury personal injury claim typically involves the following steps:

  • Consultation: During an initial consultation, you will discuss the details of your case with your attorney, who will assess the merits of your claim and explain your legal options.
  • Investigation: Your attorney will gather evidence to support your claim, including medical records, police reports, witness statements, and expert opinions. They may also consult with medical professionals to determine the extent and long-term impact of your brain injury.
  • Demand Letter: Once your attorney has built a strong case, they will send a demand letter to the responsible party or their insurance company, outlining your losses and requesting compensation.
  • Negotiations: Your attorney will negotiate with the responsible party or their insurance company to secure a fair settlement that covers your medical expenses, lost wages, pain and suffering, and other damages related to your brain injury.
  • Litigation: If a satisfactory settlement cannot be reached through negotiations, your attorney may recommend filing a lawsuit to pursue your claim in court. They will represent you throughout the litigation process, presenting evidence and arguments to support your case. 

Throughout the process, your brain injury attorney will work closely with you, informing you of developments in your case and advocating for your rights. They will handle the legal complexities of your claim, allowing you to focus on your recovery and rebuilding your life.

Brain Injuries and the Statute of Limitations

If you believe you have a valid brain injury personal injury claim, it is crucial to act quickly, as there are time limits for filing such claims. However, a brain injury may have immediate and long-term effects. If the extent of a TBI may not be known immediately, is there any leeway in the statute of limitations? 

In Florida, the statute of limitations for most personal injury claims, including those involving traumatic brain injury (TBI), is typically two years from the date of the accident or incident that caused the injury. However, there are some exceptions that may extend or alter this time limit in certain circumstances:

  • Discovery Rule: If the injured person was unaware of their brain injury or could not have reasonably discovered it within the two-year period, the statute of limitations may be extended. In such cases, the clock begins to run from when the injury was or should have been discovered. This exception is particularly relevant to TBI claims, as the full extent of the injury may not be apparent immediately after the accident.
  • Minors: If the person who suffered the brain injury was a minor at the time of the incident, the statute of limitations may be extended. In most cases, the two-year clock begins to run on the minor's 18th birthday, allowing them to file a claim until they turn 22.
  • Wrongful Death: If the brain injury results in the victim's death, the statute of limitations for a wrongful death claim is two years from the date of death. 

It is important to note that these are general guidelines, and the specific circumstances of each case may impact the applicable statute of limitations. Individuals who have suffered a TBI should consult with a personal injury lawyer who has experience handling brain injury cases as soon as possible to ensure their legal rights are protected and their claim is filed within the appropriate time frame.

How Much is a Brain Injury Lawsuit Worth?

Determining the value of a brain injury lawsuit involves careful analysis of multiple factors. Brain injuries can have profound and long-lasting effects, making it essential to account for both immediate and future needs. Here's how a lawyer approaches valuing a brain injury claim: 

Assessing Economic Damages

Medical Expenses

Most of a brain injury claim's value comes from medical expenses. This includes:

  • Initial treatment: Emergency room visits, surgeries, and hospital stays.
  • Ongoing care: Rehabilitation, physical therapy, and follow-up appointments.
  • Future medical needs: Anticipated future medical costs based on the injury's severity and projected health trajectory.

Lost Wages

Brain injuries can lead to missed work or an inability to return to your previous job:

  • Current lost income: Calculating the wages lost during recovery.
  • Future earning capacity: Estimating the potential impact on future income, including the possibility of diminished earning capacity if the injury prevents returning to work or necessitates a career change.

Other Financial Losses

Additional financial burdens can include:

  • Home modifications: Costs for making a home accessible for a person with disabilities.
  • Transportation: Expenses for travel to and from medical appointments or the need for special transportation services.

Evaluating Non-Economic Damages

Pain and Suffering

Compensation for the physical pain and emotional suffering endured as a result of the brain injury is often a substantial part of the claim:

  • Physical discomfort: Chronic pain, headaches, and other ongoing physical symptoms.
  • Emotional distress: Anxiety, depression, and loss of enjoyment of life due to the injury.

Loss of Consortium

This considers the impact on the victim's relationships:

  • Spousal relationships: Loss of companionship and support.
  • Parental relationships: Diminished ability to interact with and care for children.

Long-Term Effects of Brain Injuries

Brain injuries can have evolving and sometimes unpredictable long-term effects. A lawyer will consider:

  • Cognitive impairments: Potential for memory loss, difficulty concentrating, and other cognitive issues that may not fully manifest until later.
  • Behavioral changes: Emotional instability, personality changes, and other behavioral issues that could arise over time.
  • Life expectancy: Assessing how the injury might affect overall life expectancy and the associated long-term care needs.

Utilizing Expert Opinions

Medical Experts

Medical experts provide essential insights into the extent of the injury and its future implications:

  • Diagnosis and prognosis: Detailed medical reports and expert testimony on the likely progression of the injury.
  • Future care needs: Estimates of ongoing and future medical care requirements.

Economic Experts

Economic experts help quantify the financial impact of the injury:

  • Economic projections: Calculations of future lost earnings and the cost of ongoing care.
  • Life care planners: Specialists who develop comprehensive plans outlining the future care and associated costs for the injury victim.

Frankl Kominsky Injury Lawyers: Your Trusted Advocate in Brain Injury Cases

If you or a loved one has suffered a traumatic brain injury in Pompano Beach, Florida, and you have questions about your legal rights and options, the experienced Pompano Beach personal injury lawyers at Frankl Kominsky Injury Lawyers is here to help. We understand the complexities and challenges that come with brain injury cases, especially if your loved one is in a vegetative state or has tragically passed away due to a preventable TBI. We strive to provide closure and a sense of justice for our clients during this difficult time.

With over four decades of experience serving residents in Pompano Beach and throughout Florida, Frankl Kominsky Injury Lawyers has the experience and resources necessary to navigate the intricacies of these claims and build a strong case on your behalf. We know what kinds of tactics insurance companies may use to minimize or deny your claim, and we will work tirelessly to ensure that you receive the full compensation you are entitled to.If you or someone you love has suffered a brain injury due to the negligence of another party in Pompano Beach, Florida, do not hesitate to contact Frankl Kominsky Injury Lawyers. Schedule your free consultation today and take the first step toward securing the legal representation and support you need during this challenging time. Call our Pompano Beach office at (954) 800-8000 or contact us online. We speak Spanish and Creole.

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