Brain Injury Lawyer in Hialeah
Brain Injury Lawyer in Hialeah
July 15, 2020 admin

Brain Injury Lawyer in Hialeah

Hialeah Brain Injury Lawyer Explains Traumatic Brain Injuries

Brain injuries, or traumatic brain injuries (TBIs), can be the most catastrophic and severest type of personal injuries after any accident. According to CDC statistics [1], there are about 2.87 million emergency department visits each year for a TBI.  Unfortunately, our brain injury lawyer in Hialeah knows that many TBIs are caused by accidents that are preventable such as auto accidents, trucking wrecks, medical malpractice, slip and falls or trip and falls, construction site accidents, and other unnecessary accidents. This is confirmed in other CDC research [2] that reports 47.9% of all brain injuries are from unintentional falls and another 13.2% are from motor vehicle accidents.

If you or a loved one sustained a TBI in a Florida accident caused by the reckless or careless acts of another, ask our Hialeah brain injury lawyer at Schlacter Law to protect your rights to compensation. Any brain injury, even a mild one, could result in permanent disability causing an individual to lose his job or ability to live independently. Here at Schlacter Law, our compassionate team will work with your treating physicians to help build your injury claim while our lawyer investigates liability.  Our experienced TBI lawyer may also use experts including medical experts, liability experts like biomechanical engineers, vocational experts, life care planners, economists, and other relevant professionals to help prove your case.  When an insurance company or defendant will not treat you fairly, fight back with Schlacter Law and get us on your side today.

Causes of a TBI in Florida: When to Get a Lawyer

There are many possible causes of TBIs in Florida. Even the slightest fall or a low-impact car crash could result in irreparable damage or injury. However, it is usually the fall down a set of stairs or a powerful trucking accident that will most likely cause life-changing TBIs. No matter how you suffered a head injury, always make sure to take an injury seriously and seek medical treatment.

Some of the most common causes of TBIs in Florida which should be reviewed by a lawyer include the following:

Slip and Falls or Trip and Falls

The CDC research above notes that almost half of all brain injuries are caused by unintentional falls. That is a shocking number because most people do not necessarily consider a fall as more dangerous than a motor vehicle accident. But even from standing height the brain can suffer catastrophic damage. The difference between a slip and fall and a trip and fall is the mechanism of injury. Slip and falls usually mean there is a substance on the floor which results in a person losing balance and falling. A trip and fall usually means that there is some defect on the ground which causes a person to catch his or her foot and then fall to the ground.

Some of the most common slip and falls or trip and falls in Florida causing a TBI include the following:

  • Around pool decks
  • On broken sidewalks or concrete
  • On staircases that do not have friction strips
  • In holes on the ground, including in uneven grass
  • On wet store floors, especially near refrigeration units that leak condensation
  • On bunched up carpets or welcome mats
  • Over debris on store floors that should not be there
  • Near improperly installed or maintained gutters
  • On damaged or improperly thresholds
  • Slips on a product spill in stores
  • Many other common causes of slip and falls which could result in an injury that should be reviewed by a head injury lawyer

Motor Vehicle Accidents

The second-most likely cause of a TBI are motor vehicle accidents. Even a minor motor vehicle accident could result in a major injury for a lawyer to help you with. But serious injuries are more likely to occur in catastrophic auto accidents on fast-moving highways such as interstates like I-95 or I-75, or major roads like Okeechobee Road or Palmetto Expressway. The faster that a vehicle is traveling, the more momentum that it will generate. This momentum is what creates an explosive impact, which is particularly true with large commercial vehicles like big rigs, tankers, semi tractor-trailers, and other large box trucks.  Any motor vehicle collision should be reviewed by a lawyer, especially if you think you may have suffered any head injury.

Common causes of motor vehicle accidents causing head injuries in Florida include the following:

  • Crossing the centerline
  • Distracted driving, especially with cell phones
  • Speeding
  • Drunk driving or drugged driving
  • Head-on collisions
  • Failure to stop at a stop sign or red light
  • Improper lane change or lane merge
  • T-bone collisions
  • Failure to yield 
  • Rear-end collisions
  • Many other common causes of motor vehicle accidents that should be reviewed by our concussion lawyer

Medical Malpractice

Although medical professionals are supposed to heal us, unfortunately far too many healthcare professionals cause preventable medical errors that harm us. Many preventable medical errors can result in catastrophic head injuries, all of which should be reviewed by a lawyer.  Some of the most common medical errors or mistakes in Florida for our lawyer to review include the following:

  • Anesthesia errors
  • Surgical errors
  • Birth injuries including hypoxic-ischemic encephalopathy or kernicterus
  • Medication overdoses, especially pain killers
  • PCA pain pump malfunctions
  • Dropping patients during a transfer
  • Failing to guard a fall-risk patient
  • Improper intubation of a patient
  • Equipment dropping on a patient
  • Many other causes of Hialeah medical malpractice resulting in injuries which should be reviewed by our TBI law firm

Know the Different Types of a Brain Injuries

There are many different types of brain injuries that could be caused by the negligence of another person, business, state agency, or other entity. The CDC defines [3] a TBI “as a disruption in the normal function of the brain that can be caused by a bump, blow, or jolt to the head, or penetrating head injury.” Many different types of injuries could have permanent consequences for a victim.

Generally, there are two types of head injuries. First, there are open head injuries that are caused when the skull is fractured and the brain may be directly impacted or pierced by outside forces. Second, there are closed head injuries which are when the brain suffers serious injury but the skull is not fractured or pierced in any way.

Several different types of brain injuries could be caused by reckless or careless conduct. These types of brain injuries include the following:

  • Diffuse Axonal TBI – This type of injury is caused when there is a violent jolt or shake to the head in a collision such as a high-speed motor vehicle accident or trucking wreck. A diffuse axonal injury causes brain tissue and structures to rip, tear, or otherwise shred. This causes neuro pathways to be cut off or disrupted, which means the brain cannot normally send messages. These are very serious types of TBIs that can have significant impacts on a person’s ability to live independently
  • Coup Contrecoup TBI – A violent whiplash motion that goes back-and-forth may cause a coup contrecoup injury. This type of TBI is caused when the head or body suffers a powerful force from one side of the body. Inside the skull, the brain slides to the opposite side of the impact with such force that it strikes into the inside of the skull and sustains injury. The brain then slides back in the direction of the impact and again strikes the inside of the skull causing injury. This type of closed head injury can result in uncontrolled swelling and intracranial pressure which could cause catastrophic personal injuries. Always ask for a free consultation Hialeah TBI lawyer after this type of TBI
  • Concussion – While a concussion might be the most common TBI and considered by many as mild, a concussion from a motor vehicle accident or slip and fall down a stairway could have disastrous consequences. In fact, many people who have severe concussions may be unable to live independently.  Ask a lawyer for help even with a minor concussion because the consequences could be massive
  • Penetrating TBI – Particularly with trucking wrecks or auto accidents, penetrating TBIs are commonly caused by debris that pierces through the skull and causes serious damage to the brain. Other damage could be caused by the crushing impact between a vehicle and a door jam or other object inside of the vehicle
  • Contusion – A contusion is a bruise on the brain. While this may not seem like a serious type of TBI, when the bruise swells uncontrollably it can result in everything from debilitating headaches, to TBIs, and even to wrongful death. Any type of increased pressure inside of the skull could be catastrophic and should be reviewed by a lawyer
  • Brain Bleeds – Like a contusion, a brain bleed may not sound dangerous. But a brain bleed also causes a significant increase in intracranial pressure which could be fatal. However, a brain bleed also creates the added danger that an area of tissue may not be receiving a sufficient supply of oxygenated blood. This could cause other types of damage

Fight Back With Schlacter Law to Protect Your Rights

Any type of head injury or TBI is a very serious personal injury. This is because TBIs can result in permanent and irreversible disability for a victim of a negligent accident in Florida. Some of these injuries may not manifest themselves immediately even though subtle symptoms are present. Insurance companies know this and they will aggressively try to get you to settle and waive your rights to compensation before you can get an injury lawyer. If you refuse to settle, they will start to blame you for causing your injury or the accident.

This is why you need a Hialeah brain injury lawyer like our lawyer at Schlacter Law. We know how to handle a TBI case and we will recover the compensation that you deserve from the insurance company. Call our traumatic brain injury law firm today for a FREE consultation by dialing (305) 999-1111 to learn more about how our injury lawyer can help you.

How We Handle Cases

  1. Investigation
    • 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.
  2. Negotiation
    • 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.
  3. Litigation
    • 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

My brain injury does not show up on any imaging studies, do I still have a case?

Yes, a brain injury does not necessarily show up on an imaging study like a broken bone or torn muscle. In fact, some of the most debilitating and catastrophic brain injuries cause damage to connections between nerves which you cannot see without a microscope. All head injuries could result in TBIs, even if you feel fine after an impact. Always get treatment if you believe you have suffered any type of function loss, and please ask a head injury lawyer to review your case for free to protect your rights.

I did not hit my head and I did not lose consciousness, could I still have a TBI?

Yes, absolutely. Some forms of brain injuries are not caused by penetrating or direct impacts. The two most severe TBIs, diffuse axonal and coup-contrecoup, occur when there is no head impact at all and the skull is never fractured. Victims of negligent accidents do not need to suffer any loss of consciousness to suffer a TBI either. The truth is, however, some victims do suffer a loss of consciousness and do not even realize it. Always ask your healthcare professional to run thorough tests if you suspect you may have suffered a brain injury, and always ask for the best brain injury lawyer to review your case for free.

How long do I have to file a lawsuit for a brain injury in Florida?

According to Florida law [4], two years for a medical malpractice lawsuit and four years for motor vehicle accidents, slip and falls, trip and falls, and construction site accidents. It is always best practice to see a lawyer as soon as you can so you can ensure your rights are protected.