An accident can happen at any time, and someone could experience a traumatic brain injury (TBI) in almost any accident. Brain trauma can leave a person with life-long ailments. While compensation cannot fix a traumatic brain injury, the money can help with medical bills. Speak with a Port St Lucie traumatic brain injury lawyer today if you suffered a brain injury following an accident.
At Shiner Law Group, we can help you recover the money you need to cover the full cost of your TBI. We have had success with claims of head trauma in the past. One client suffered from a traumatic brain injury after an automobile accident and walked away with a settlement of $500,000.
Every case involves unique facts and circumstances, and we can make your lawsuit less stressful.
Table of Contents
2. Causes of Traumatic Brain Injuries in Port St. Lucie
3. Can You Get Compensation for a Traumatic Brain Injury?
4. How Long Do You Have To File a Lawsuit in Port St. Lucie?
5. Can You File a Brain Injury Claim Without an Attorney?
6. Speak With A Port St Lucie Traumatic Brain Injury Lawyer Today
Traumatic Brain Injuries and Symptoms
A traumatic brain injury results when an outside force causes trauma to the brain. The force could involve a blow to the head or sudden rapid movement. Occasionally, doctors label the injury as mild. Mild usually refers to how the symptoms present initially.
Some people recover in days, and others take weeks to get better. According to the Brain Injury Association of America, 30 percent of people face the effects for over three months. However, symptoms can persist for years, and people can suffer from lifelong detrimental effects.
Symptoms of a traumatic brain injury may include:
- Bothered by light
- Feelings of anxiety
- Sleeping more frequently
- Difficulty thinking clearly
Patients commonly feel dizzy or experience memory issues after suffering a TBI. You should seek emergency care if you or a loved one shows any of the warning signs.
The Centers for Disease Control and Prevention (CDC) reports how traumatic brain injuries can lead to long-term physical, emotional, and cognitive effects. Around 30 percent of people had symptoms worsen over five years. The chances of pneumonia and infections increase if someone had a traumatic brain injury.
Seizures may occur following a TBI. 29 percent of individuals who suffer a TBI report dissatisfaction with life, and 57 percent have a disability to some degree.
Causes of Traumatic Brain Injuries in Port St. Lucie
TBIs can result from many different causes. Below, we discuss some of the most common causes of Port St. Lucie TBIs.
Falls constitute one of the most common causes of a traumatic brain injury. When a person falls, the head can come into contact with the ground or an object. According to the American Association of Neurological Surgeons (AANS), 35 percent of cases result from falls, which constitute the leading cause of traumatic brain injuries.
In the workplace, an employee may drop from a significant height. Certain rooms, like a kitchen, may have grease or another slippery substance on the floor. Workers may slip and get hurt if the mess does not get cleaned up in time. People can also fall down a stairwell and develop a traumatic brain injury.
A traumatic brain injury can happen at home as well. Someone can experience injuries by falling off a ladder. When a person stumbles off the bed, he or she may notice the warning signs of a TBI appear several hours afterward.
In several cases, a slip or fall may appear harmless. Injured individuals may think they avoided injury if they walk away with nothing broken. The impact might not have hurt as much. Regardless, people should keep an eye out for symptoms as a precaution.
Many cases of fall-related traumatic brain injuries involve young children. Older adults also face a high risk of sustaining injuries in a fall.
Sometimes, vehicle collisions in Port St. Lucie can lead to a traumatic brain injury. The city has a growing population, and the weather makes it a suitable place for visitors. As a result, the increased number of cars creates a higher chance of an accident.
Collisions can involve cars, trucks, motorcycles, and pedestrians. Occasionally, a driver may hit a tree or a pole. A wide range of injuries can happen, and the impact of the crash can hurt the skull and brain. Perhaps, a person’s head had hit the hood of the vehicle. If the airbags failed to deploy, the passenger could have hit the dashboard.
Even a low-speed accident may cause a traumatic brain injury. A passenger may not have gotten hit in the head. Nevertheless, the brain’s momentum may force it to bump back and forth inside the skull once the body suddenly stops moving.
Symptoms do not always show immediately after a car crash. They may take a while to manifest, and a few people do not go to the hospital due to a lack of visible wounds. Victims of an accident need to seek medical care as a precaution, regardless of if they think they only suffered a minor injury. They might take further action if someone else caused the accident.
Sports allow people to enjoy themselves, pass the time, and improve their health and physical condition. However, physical activities sometimes mean injuries. High-impact sports tend to pose a higher risk. Most people think of football as a risky sport, since people usually have physical contact with opponents and teammates.
The players on a local team tackle each other occasionally. However, soccer, basketball, and hockey can lead to injuries as well. Over time, blows to the head can cause a traumatic brain injury. A player’s joints can wear down after a while and increase his or her risk of a fall.
Martial arts and boxing also count as sports. The two activities involve hitting one’s opponent. Some of the blows land on the head. A hit could result in a person falling to the ground. For some sports, teams wear special gear for added protection. Still, someone may need to go to the hospital for a traumatic brain injury.
Athletes come in a wide range of ages, but most are on the younger side. According to a study by ESPN, the average baseball player is 29, the average football player is 26, and the average hockey player is in his late 20s as well.
Early detection can improve the possibility of a full recovery. Players face less risk of suffering from the long-term effects of a traumatic brain injury.
Violence constitutes one cause of traumatic brain injuries. An assault and battery could mean a victim gets hit on the head by a blunt object, or perhaps a shove caused a person to fall and hit his or her head.
The situation can happen in specific parts of the city or residential places. Some people seek medical care after a violent assault. If they got hit on the head, the doctor should determine whether they have suffered a TBI.
Gunshot wounds also can lead to a traumatic brain injury. Soldiers in military combat face a high risk of suffering trauma to the brain and skull. Some may fall to the ground as a result of the force of an explosive blast.
Anyone can get a traumatic brain injury after an accident. However, some groups of people have a higher risk compared to others. The CDC reports how men face a higher risk of sustaining a head injury with severe symptoms. Indeed, men make up 78.8 percent of reported cases.
Men tend to participate in high-risk activities more than women. For instance, they may work in careers where slips and falls prove common. Most professional football and basketball players are men.
Older adults may prove more susceptible to trauma to the brain and have a greater chance of becoming hospitalized. Veterans and service members may experience continuous symptoms. People in rural areas have a higher risk of worsened symptoms. Traumatic brain injuries should receive immediate treatment.
However, an injured person in a rural place may not get healthcare services easily. He or she may have to travel a long distance to reach a hospital. As a result, an injured individual in a rural area may delay treatment for a traumatic brain injury.
Can You Get Compensation for a Traumatic Brain Injury?
Like many personal injury cases, you can get reimbursement for the costs of a traumatic brain injury if the other party bears liability for the accident. For example, if the other driver engaged in negligent or reckless actions. If the airbag failed to deploy, the manufacturer may need to pay damages.
In cases of assault, the perpetrator would bear liability. On occasion, the property manager could bear fault if he or she did not place proper security measures. You could hold the city responsible for your traumatic brain injury in a few circumstances, including if you fell on government property because the municipality did not keep up with required maintenance.
For a successful claim, the injured party needs to prove that the defendant failed to meet the requisite duty of care for the given circumstances. Your injuries may have directly resulted from the liable party’s careless behavior. Your injuries must have caused you to accumulate damages, which you can recover. Even if you bear partial liability, you can still seek reimbursement for some of your damages.
Recoverable damages include lost wages, loss of enjoyment, and expenses for medical treatment. You also can receive compensation if you need to continue treatment for the traumatic brain injury in the future. A lawyer can help you understand the value of your claim.
How Long Do You Have To File a Lawsuit in Port St. Lucie?
In most cases, a traumatic brain injury falls under the broad category of personal injury. Florida’s laws entitle you to compensation if you file a claim within four years after the date of the injury. Afterward, you may lose your right to pursue a case successfully.
A traumatic brain injury from a job site can mean a different deadline. For workplace injuries, you would have two years after the day of the accident to establish a claim.
In a few instances, the court may extend the deadline if you do not discover your traumatic brain injury until later. You can consult a lawyer to see if you have the opportunity to pause the clock. Regardless, four years can appear like a long time.
The deadline can go by quickly, especially when you spend time in recovery. A lawyer can make sure that you begin the lawsuit process on time.
Can You File a Brain Injury Claim Without an Attorney?
A few people may choose to pursue a personal injury lawsuit on their own. An injured person might continue alone if the injuries prove minor and negligence is clear. Someone would need to go through the same legal processes that an attorney would follow.
The first step would involve filing a few documents with the court and sending them to the liable party. The plaintiff would initiate the lawsuit by filing a complaint, which explains the basis of the lawsuit. In your complaint, you would identify yourself, the defendant, and the court.
You usually pay a fee to file the document, and the cost depends on the court and type of lawsuit. Additionally, the defendant can file a motion to dismiss, and the court can grant the request. You would lose all or a portion of the complaint.
When you pursue a claim by yourself, you would need to estimate the damages. You will first want to determine the value of your economic damages. When you estimate the value, you have to consider many different factors.
The factors can influence the amount of money you could get. Then, the injured party has to negotiate for a fair settlement. Some people find the lawsuit process difficult. Cases of severe injuries may require the help of someone who knows the law.
Lawyers Make the Lawsuit Process Less Stressful
Traumatic brain injuries often prove more serious than a cut or bruise. If the claim involves high stakes, which TBI claims often do, retaining an attorney to help with your case will prove beneficial in the long run. An error when you file a document or collect evidence can lower the chances of success.
With an attorney’s help, you do not need to worry about potential mistakes while you recover from your accident. A firm already knows how the complex legal system works, and an experienced attorney can negotiate the settlement for you.
Your lawyer can prevent you from accepting an offer that doesn’t reflect the true value of your case. Many attorneys provide free consultations, so you can speak with one to figure out the next step.
Speak With A Port St Lucie Traumatic Brain Injury Lawyer Today
If you need someone to represent your legal interests, the Shiner Law Firm can help. We handle various injury cases, and our firm can work toward pursuing fair compensation for your traumatic brain injury. We provide quality service to all of our clients.
We have an office in Port St. Lucie to serve residents. You do not need to handle your injuries on your own. Reach out to us if you would like a free consultation. If you have any legal questions, contact us today at (772) 777-7700.