Brain Injury Lawyer in Pembroke Pines
Pembroke Pines Brain Injury Lawyer Explains TBIs, Causes, and Rights of Victims
Each year in the United States almost 3 million people visit an emergency department at a hospital for a brain injury . A brain injury is also known as a traumatic brain injury or TBI. The most common causes of a brain injury are unintentional accidents, including the top three most common which are slip and falls, struck by/against an object, or motor vehicle accidents . Our Pembroke Pines brain injury lawyer knows that these common causes of a TBI are usually preventable and avoidable. However, the reckless, careless, or downright negligent conduct of another person, business, or government entity may result in needless harm to innocent victims. When a victim suffers a TBI as a result of this negligent conduct, a victim and his family may have rights under Florida law to compensation for pain and suffering, medical bills, and future expenses.
If you or a loved one were seriously injured and suffered a catastrophic TBI, head injury, or other damages in a slip and fall, motor vehicle accident, construction site accident, or any other type of accident, call our experienced Pembroke Pines brain injury lawyer at Schlacter Law to learn what your rights to compensation may be under Florida law. We have dedicated our practice to defending the rights of individuals who have been harmed by the negligence of others. Our compassionate team will answer your questions and help guide you through the process, while our award-winning law firm zealously advocates for your rights and fights to obtain the compensation that you deserve. Call to schedule a FREE consultation if you or a loved one suffered a TBI due to the negligence of another landowner, motorist, or other individual or business by dialing (305) 999-1111.
What is a Brain Injury?
A TBI is defined by the CDC 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” . The most common cause of a TBI is trauma, such as a direct impact, collision, or similar type of contact-based injury. However, a brain injury could also be caused by hypoxic conditions (lack of oxygen), chemicals (anesthesia overdoses), or other types of non-physical contacts. Whenever a person suffers any type of damage or harm to his or her head, always consult with a medical provider to get a full examination. If that damage was caused by another person’s negligence, call our lawyer for help.
Common Causes of TBIs in Florida
The CDC statistics reveal that the most common causes of TBIs are slip and falls (47.9%), struck by/against an object (17.1%), and motor vehicle accidents (13.2%) . This means that almost 80% of all TBIs are due to unintentional conduct or accidents. The most common causes of a brain injury in Florida which could be reviewed by our lawyer include the following:
- Slip and falls, including on pool decks, product spills in stores, water leaks from A/C units or gutters, and tracked-in water causing a person to slip and fall down
- Trip and falls, including trips on cracked sidewalks, debris, broken stairs, and other hazards on the ground causing a person to trip fall down
- Motor vehicle accidents, including car accidents, trucking wrecks, motorcycle crashes, bicycle collisions, pedestrian knockdowns, and other accidents
- Medical malpractice, including birth injuries such as hypoxic-ischemic encephalopathy (HIE), cerebral palsy, and kernicterus, as well as other medical negligence such as surgical mistakes, anesthesia errors, and medication mistakes for our lawyer to review
- Nursing home abuse, neglect, and malpractice, including clogged breathing tubes, wheelchair accidents, falls getting out of bed, and medication errors
- Construction site accidents, including falling debris, construction truck accidents, crushing injuries/go in-between, falls from a height, and other related dangers to ask a lawyer for help
- Other common accidents which cause a serious head injury or catastrophic brain injury which should be reviewed by our Pembroke Pines brain injury lawyer here at Schlacter Law
Understanding a Brain Injury: The Different Types from Personal Injury Accidents
Several kinds of TBIs could be caused by an accident. It is always important to ask a TBI lawyer to assess any possible case involving a brain injury. This is because TBIs and head injuries are not like broken bones or torn muscles. They are much more difficult to detect, even if they are serious. It is important to keep in mind that you can suffer a brain injury:
- Even if you do not lose consciousness
- Even if damage does not show up on an imaging study
- Even if you do not physically hit your head on anything, and
- Even if it has been weeks or months since your accident.
This is because many different types of TBIs are caused by different mechanisms. For instance, a penetrating injury such as debris piercing the skull is an obvious type of brain injury. However, some head injuries can cause swelling, slow bleeds, or chemical changes in the brain which result in damage.
After an unintentional accident, the following are the most common types of TBIs that should always be reviewed by our lawyer:
- Concussions – This is one of the most commonly known types of TBI, and unfortunately it is one of the most commonly dismissed types of TBIs. Many people believe that concussions are not dangerous or serious, including an insurance adjuster or defense lawyer. But they are wrong. Even a mild concussion can cause changes in the brain. Every concussion also makes a subsequent concussion more likely to be disabling or even deadly. Victims who suffer a concussion should always ask our lawyer to review your case, even if you think you have made a full recovery. Oftentimes our lawyer may hire a medical expert who finds that the concussion is more serious than believed
- Coup-countrecoup – An explosive whiplash motion could cause the brain to violently slide back-and-forth in the skull. This may cause the brain to strike opposite ends of the inside of the skull which could result in serious damage. This damage could cause brain bleeds and swelling which increases the risk of permanent damage or wrongful death. This is a very serious type of TBI which, if caused by the negligence of another, should be reviewed by our lawyer
- Diffuse Axonal – When an explosive impact causes an immediate jolt, it can shear or tear tissue inside of the head. This can disrupt structures in the brain, including separating nerve pathways, disconnecting blood vessels, and damaging improper structures. Think of this type of damage as akin to a torn muscle or tendon, only that the ramifications are even worse and more dangerous. Always consult with a lawyer for any type of diffuse axonal case
- Brain Bleeds – Bleeding inside of the skull is very dangerous because it reduces oxygen supply to the brain and increases intracranial pressure. This is because the central nervous system (skull and spinal cord) is a closed system that is slowly regulated to let fluid in or out of this limited space. The purpose is to maintain the same or consistent level of fluid. When there is a heavy brain bleed, that could increase the pressure at a rate that is faster than the body can reduce the pressure. This can cause severe brain damage which can lead to catastrophic damage or wrongful death
Ask Our Pembroke Pines Brain Injury Lawyer if the Negligence of Another Harmed You
Victims and their families may feel confused, frustrated, and unsure where to turn after a serious personal injury accident, especially if it caused a catastrophic TBI. But in times of great uncertainty, victims and their families can rely on Schlacter Law. Our award-winning law firm will fight back against an insurance lawyer or defense lawyer who does not want to pay what you deserve for your injuries, lost wages, and medical bills. Find out how we can begin to help you at no upfront cost with a FREE consultation 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 case in Florida?
It depends on the type of accident that caused your TBI. Most cases are four years from the date of the accident, including most negligence-based accidents such as slip and falls, trip and falls, construction site accidents, motor vehicle accidents, dog bites, and similar cases. However, medical malpractice cases are two years from the date the medical errors were discovered or should reasonably have been discovered. There are some exceptions to these rules which may increase or decrease the amount of time a victim has to make a claim. This is why it is imperative for victims and their families to contact a Pembroke Pines lawyer like ours at Schlacter Law.
Can I negotiate with the insurance company myself?
Yes, but you are almost guaranteeing a lower award than you deserve. A TBI is a very serious injury and a very difficult case. Victims and their families need to consider not just the immediate post-accident hospital bills, lost wages, and pain, but victims and their families also need to consider the future pain and suffering, medications, and healthcare needs of a TBI victim. Even if these needs do not seem severe now, some types of TBIs could cause quick deterioration once a victim ages. Coupled with the fact that an insurance adjuster likely has a defense lawyer or a team of TBI lawyers to help handle your claim, it is just an unfair fight for you to even attempt to negotiate a serious personal injury accident claim such as a TBI. Always get a lawyer on your side to protect your rights and defend the compensation that you may be entitled to under Florida law.
How much does a brain injury lawyer cost in Florida?
Here at Schlacter Law we do not charge any upfront fees or costs for our experienced lawyer to begin to handle your case. We accept cases on a contingency fee agreement which means that you only pay our law firm once we recover compensation for you in a settlement or court award. This means there is no risk to victims and their families to have our law firm represent them in their time of need.