Brain Injury Lawyer in Fort Lauderdale
Fort Lauderdale Brain Injury Lawyer Explains Traumatic Brain Injuries in Florida
One of the most devastating types of personal injuries is a traumatic brain injury, or TBI. There are almost 3 million emergency department visits each year for TBIs in the United States, including 288,000 which require hospitalization . Unfortunately, almost 60,000 individuals with TBIs pass away due to their injuries. Our brain injury lawyer knows that most causes of TBIs are due to reckless, careless, or downright negligent conduct. According to the CDC, more than 78% of all TBIs are caused by unintentional conduct, including slip and falls (47.9%), being struck by or against an object (17.1%), or motor vehicle accidents (13.2%) . Therefore, most victims who have suffered serious head injuries have needlessly suffered preventable damage. This is damage that may often change their entire life.
This is why victims and their families need to contact a Fort Lauderdale brain injury lawyer like ours at Schlacter Law. Our compassionate and experienced legal staff and lawyer understand how important it is for victims and their families to recover the compensation they deserve after catastrophic damage such as a TBI. We work with your treating physicians and may retain medical experts to help prove your pain and suffering, future needs, and physical damages caused by the negligence of another person, business, or government entity. We may also retain leading experts to establish liability and causation to ensure we hold all parties responsible for your damages. If you or a loved one suffered a head injury or TBI as a result of another’s conduct, or if a loved one was wrongfully killed after suffering a brain injury, call Schlacter Law for a FREE consultation to learn what rights to compensation you may have under Florida law.
Why are Brain Injury Cases Different?
Our lawyer knows that a brain injury or TBI can be a difficult type of injury to diagnose and evaluate. This is because a TBI does not necessarily show up on an imaging scan like a broken bone. Many times a TBI must be diagnosed based on symptoms and observations over a period of time. A brain injury could also occur even if there was no direct impact to the head. This is due to the brain sitting inside of the skull and suspended in cerebrospinal fluid. This fluid acts as a cushion, but it also allows the brain to slide inside of the skull.
This also means that a TBI does not heal like a broken bone or dog bite. It may take months or years for even a mild TBI to heal, and most times there may be permanent damage. In cases of severe TBIs, damages may never heal and be permanent—even with the best treatment available. But calculating these future and permanent damages can be difficult, especially without the help of an experienced Fort Lauderdale brain injury lawyer like ours at Schlacter Law.
Common Causes of a Brain Injury in Florida
Many people assume that a head injury requires a traumatic, explosive accident. While that is often true in trucking accidents, statistics reveal that the most common cause of a TBI is an unintentional fall. This highlights the fact that TBIs can be caused by many different forms of negligent conduct, including in cases which do not necessarily appear dangerous such as premises liability matters.
Due to these factors, TBI cases are often more difficult to litigate because they may take months to be discovered and diagnosed. A defense lawyer or insurance lawyer loves when this happens because they will argue the head injury was caused by something other than their insured’s negligent conduct. This is why it is important to always advise your doctor when you have hit your head in any type of accident even if you have no symptoms. You should then follow-up by asking for a free case evaluation with our lawyer.
The following are common causes of a head injury or TBI due to the negligence of another:
Unintentional Falls: Slip and Falls or Trip and Falls
Almost 48% of all TBIs are caused by unintentional falls (2). This includes slip and falls or trip and falls, particularly on stairways, wet pool decks, and inside businesses. Generally, the difference between a slip and fall or a trip and fall is the cause of the unintentional fall. Slip and falls involve slipping on an object or substance such as a slippery or wet floor. Whereas a trip and fall involves tripping on an object or defect such as a broken stair or a pallet on a store floor. Both mechanisms of injury can cause a head injury which should be evaluated by a doctor and then a lawyer.
The most common causes of unintentional falls which should always be reviewed by our Fort Lauderdale TBI lawyer includes the following:
- Wet floors around pool decks or in stores (including near refrigeration units, A/C units, freezers, dehumidifiers, or other similar devices)
- Broken sidewalks or pathways
- Debris on floors, including empty boxes, pallets, or garbage
- Broken stairs or stairwells
- Holes in the ground
- Raised sidewalk flags (the square or rectangular slabs of concrete)
- Product spills in stores
- Improperly installed carpets or bunched up carpets or mats
- Leaky gutters, A/C units, or other objects
- Painted wood stairs without friction strips
- Damaged door thresholds
- Poorly lit hallways or stairwells
- Many other common causes that should be reviewed by our Fort Lauderdale TBI lawyer
Motor Vehicle Accidents: Car Crashes, Truck Wrecks, Motorcycle Collisions
Motor vehicle accidents are the next most common cause of a TBI. This is particularly true in Florida, where fast-moving highways and interstates such as I-95 or I-75 lead to many catastrophic, high-speed collisions. The most dangerous types of motor vehicle accidents are collisions with a commercial vehicle such as a tanker, semi tractor-trailer, big rig, and other 18 wheelers. Other dangerous collisions include crashes with municipal vehicles like garbage trucks or speeding police cars, collisions with delivery vans, or wrecks with high-powered sports cars. However, some of the most devastating types of collisions include those with occupants on motorcycles who are not protected by seat belts, airbags, or even just the steel shell of a vehicle.
In addition to the dangers of those types of collisions which could cause a head injury, there are many common causes of motor vehicle accidents including the following:
- Drunk driving or drugged driving
- Speeding or excessive speed for the roadway conditions
- Distracted driving, including making phone calls, texting, checking emails, or playing with the radio
- Head-on collisions
- Failure to stop (red light or stop sign)
- Failure to yield
- Unsafe lane changes
- Rear-end collisions
- Side-swipe crashes
- T-bone collisions
- Falling asleep at the wheel
- Many other common causes of Florida motor vehicle accidents which should be reviewed by our Fort Lauderdale brain injury lawyer
Other Common Types of Accidents Causing a Brain Injury
There are several other types of accidents besides unintentional falls or motor vehicle accidents which may cause a serious TBI. This includes medical malpractice or birth injuries which could lead to devastating damage, including to a newborn. Construction accidents are also a common cause of a TBI, especially objects or debris falling on a worker or a worker being crushed which is the second most common cause of a TBI (2). Any time a victim suffers any damage to the head or brain, it is important to have a lawyer like ours at Schlacter Law review the case to assess damages.
Types of Brain Injuries
Many different types of brain injuries could be caused by the negligence of another person, business, or government entity in Florida. Some of the most common types of brain injuries include the following:
Coup-contrecoup – This type of TBI is when there is damage on opposite ends of the brain due to a violent whiplash motion. The damage is caused by the brain sliding forward inside the skull because it is suspended in cerebrospinal fluid. This motion causes the brain to violently strike the inside of the skull and sustain the damage. There is a significant risk of wrongful death due to swelling on both sides of the brain in explosive impacts. Ask our lawyer for help with any coup-contrecoup TBI.
Diffuse Axonal – Characterized by brain tissue that is ripped, torn, or shredded due to a violent jolt or impact, a diffuse axonal injury can cause significant and debilitating injury to the brain. There is usually some form of permanent damage that can always result in permanent disability due to neuro-pathways being damaged. This can prevent messages from being sent between parts of the brain, or between the brain and the rest of the body. Always have our Fort Lauderdale TBI lawyer handle any diffuse axonal injury claim for you or your loved one.
Concussions – Although many people believe a concussion is a mild type of head trauma, that is not always the case. Concussions can result in debilitating injuries that prevent a person from holding a job, operating a motor vehicle, or enjoying life. Some severe concussions could result in a person requiring around-the-clock care and attention, including in-home nursing care. Most concussions increase the risk of serious brain damage if there are subsequent concussions, including the risk of death.
Brain Bleeds – Hard impacts to the head can result in brain bleeds. This is a very dangerous type of brain injury because it increases intracranial pressure since the skull is a “closed-system.” While the body can regulate intracranial pressure, it does so slowly. If the bleed and swelling are increasing faster than the rate at which the body can regulate the intracranial pressure, a bleed could result in catastrophic or fatal injuries due to the excessive pressure on the brain.
Did You Suffer a Head Injury or TBI in a Florida Personal Injury Accident? Call Schlacter Law
Our experienced Fort Lauderdale brain injury lawyer at Schlacter Law understands how important it is for victims and their families to recover the compensation they need for medical bills, future medical expenses, home or vehicle modifications, and other damages. We offer FREE consultations and there is no upfront cost to have our legal team begin to work on your case. Find out today what we can do for you by dialing (305) 999-1111.
How We Handle Cases
- Your attorney will aggressively investigate your case. Schlacter Law will compile all necessary evidence needed to maximize the value of your case. Which includes but is not limited to photographs, police reports, security camera footage, witness statements, medical bills and medical records.
- You will remain in constant contact with Schlacter Law about the progression of your case.
- Your attorney will present your case to the insurance company and will attempt to resolve your case before the case goes to court for maximum compensation.
- Your attorney will make every effort possible to resolve the case as quickly as possible for the most amount of money you may be entitled to. You will be actively involved in the negotiation process with your attorney. Schlacter Law understands that this is your one opportunity to get justice for your loss.
- If settlement negotiations are unsuccessful, Schlacter Law will be fully prepared to bring your case to court to fight for the justice you deserve.
- At no cost to you, Schlacter Law will hire any experts and professionals needed to maximize your recovery and present your case in the strongest form possible.
Frequently Asked Questions
How long do I have to file a brain injury lawsuit in Florida?
Four years for most negligence-based cases which include motor vehicle accidents, slip and falls/trip and falls, construction accidents, dog bites, and similar cases. Two years for most types of medical malpractice cases including anesthesia errors, surgical errors, or birth injuries. However, there may be instances where some medical malpractice cases have longer—especially for birth injuries. In wrongful death cases, victims have two years from the date of the wrongful death to file a lawsuit. These are the general time periods necessary to file a lawsuit, however, there are some instances where a lawsuit may need to be filed quicker. Always consult with a TBI lawyer to ensure that your rights to compensation are protected.
What may I recover for a brain injury claim in Florida?
Victims may recover “damages” in a claim against a negligent party. In Florida personal injury cases, damages are typically monetary compensation for pain and suffering, lost wages, medical bills, lost future earnings if unable to work in the same job and must take a pay cut, loss of consortium, property damage, future medical costs, and other damages related to the accident. In rare instances, a victim may also recover punitive damages if a defendant’s conduct was particularly egregious. If you or a loved one were injured in an accident and suffered any type of TBI, ask our lawyer for help.
How much does a Fort Lauderdale brain injury lawyer cost?
Nothing upfront at Schlacter Law. Our compassionate and award-winning law firm can begin to represent the victim of any type of accident through a contingency fee agreement. This type of agreement means that victims only owe our lawyer once we recover compensation in a settlement or court award. Victims will also only owe a percentage of what we recover for them. This means there is no financial risk to have our lawyer start protecting your rights.