North Miami Beach Brain Injury Lawyer

The most common type of brain injury is a mild traumatic brain injury or concussion. This condition can affect daily activities to various degrees. A blow or jolt to the head can cause the brain to hit against the skull. In some cases, skull fractures accompany traumatic brain injuries.

Another category of brain injury is a hematoma. A hematoma occurs when blood collects in the brain after a blood vessel ruptures. The bleeding’s location can determine what type a person has. You could get a hematoma from a blow to the head after a fall.

Any type of brain injury can result in edema. Edema is the swelling of surrounding tissues, and the condition poses a problem due to the limited room in the skull. In some cases, doctors may need to remove a part of the skull temporarily if they cannot stop the swelling.

Lastly, a diffuse axonal injury does not involve any bleeding. However, your brain cells receive damage due to losing access to crucial blood or oxygen. The cells cannot perform certain functions, and swelling can occur.

One way someone can get a brain injury is by falling. They could slip off a ladder or trip down the stairs. Some people slip in the bathtub and hit their heads on the ground. In the workplace, slips and falls happen frequently. Some falls are purely accidental, and others result from another person’s negligence.

Violent acts, such as a perpetrator hitting a victim with a blunt instrument, can also lead to a brain injury. Blunt-force trauma to the head has a high risk of brain injury. Even gunshot wounds are a common cause of penetrating head injuries.

High-impact sports can lead to various injuries. Multiple activities use head and mouth gear to protect the players. However, people still may need to see a doctor after a hard tackle or rough shove. Boxing requires a person to engage in physical contact to hurt one’s opponent. Basketball and soccer players face the risk of the ball striking their heads.

In many car accident cases, people have to undergo treatment for a traumatic brain injury. The sudden impact of a crash can be enough to harm the brain. This is true regardless of whether the victim hits their head on something inside the vehicle or the brain moves back and forth within the skull.

Motorcycle accidents also tend to see diagnoses of brain injuries. While helmets significantly reduce the chances, some victims still suffer from symptoms. Pedestrians are also highly vulnerable, since they do not have a vehicle or helmet to offer protection.

The brain has different layers of protection, and the primary defense is the skull. Of course, multiple membranes surround the brain. Nevertheless, the organ is susceptible to the impact of external forces. Specific areas are more at risk of damage than others.

The frontal lobes have a high degree of vulnerability since they are in front of the cranium. Their large size also influences the risk of damage. You should take an injury to the frontal lobes seriously, since this area controls emotion, motor function, judgment, and other necessary functions.

Healthcare professionals recommend immediate care to avoid a lowered quality of life. In some cases, quick action to get emergency treatment can help reduce the lasting effects of a brain injury and manage related—and possibly life-threatening—symptoms.

A CDC report shows how prevalent traumatic brain injuries are in the United States. An estimated 1.5 million people suffer a traumatic brain injury every year. Around 230,000 people go to the hospital to recover, and roughly 50,000 cases become fatal.

Many people suffer from long-term effects. Falls and car collisions make up the majority of cases of traumatic brain injuries. The economic burden totals tens of billions of dollars each year in medical care, loss of work, and disability.

In the past few decades, the rates of hospitalization and death have declined. However, traumatic and acquired brain injuries continue to be a serious threat to the health and livelihood of those who suffer them.

Anyone can sustain a brain injury, but children, young adults, and adults over 75 have a higher risk. With older adults, doctors might misdiagnose their condition. The symptoms could overlap with other medical conditions. Younger children and older adults are also more vulnerable to falls.

Men are more likely to suffer from a traumatic brain injury than women. Young adult men tend to work in physically demanding jobs like construction. They also take more risks with extreme sports, motorcycles, and diving. Many brain injuries occur in rural areas.

Another at-risk group is service members and veterans. Thousands receive a brain injury diagnosis annually, and 80 percent result from an accident.

People with lower income are more likely to suffer from the long-term effects of TBIs. They may struggle financially for therapy and other medical services for traumatic brain injury treatment. This is another reason it is vital to seek damages to cover these costs when possible. Those who can afford treatment generally have a better recovery.

The road to recovery can take a while, and traumatic brain injuries can leave people with lasting effects. CDC research found that 50 percent of people with TBIs experience a decline in their daily lives or die within five years of their injury. Within five years, 30 percent of patients reported their symptoms had worsened.

Only 22 percent reported their condition stayed the same, and another 22 percent of cases resulted in death. One of the long-term effects is the significantly increased risk of a seizure. People with a traumatic brain injury also have a higher chance of developing infections.

In some cases, a TBI victim also experiences a fractured skull. Bacteria can enter through the damaged protective tissue and cause an infection. People with a traumatic brain injury face an increased risk of pneumonia, as well.

Other complications include frequent headaches, vertigo, and damage to blood vessels in the brain. Traumatic brain injuries can lead to further damage, such as a stroke or edema. Around 57 percent of people suffer from disabilities within five years after an accident.

After any accident that involves a blow or jolt to your head, you should see a North Miami Beach doctor right away to rule out the possibility of a traumatic brain injury. Many people do not think they have any further harm beyond visible wounds. Seek help once symptoms manifest if you do not see a healthcare provider for a head injury immediately after an accident.

Look out for dizziness, nausea, fatigue, headaches, and speech issues. Some people become sensitive to light and experience blurred vision. A victim of an accident should also seek medical attention if they have trouble sleeping.

Concentration issues and a brief loss of consciousness are common TBI symptoms as well. You could have a severe case if you suffer from a loss of coordination or slurred speech. People need to keep an eye on injured children. They may fall asleep—a symptom itself—making it difficult to monitor them for additional concerns.

A person should take their child to the clinic if they show signs of persistent crying or drowsiness. Some young children will display a lack of interest in favorite toys or activities. The symptoms could stay the same or worsen if you delay medical care.

The negligent party depends on the circumstances of the brain injury. In cases of slips and falls, a worker or manager should have kept the area free of any spills or debris. Wet floor signs should be placed next to a recently mopped area.

On construction sites, fall protection measures should be taken when people work above the ground. You could also sustain a brain injury on someone else’s property. Property owners need to maintain their premises, especially when many people visit.

The perpetrator is the main liable party in cases of violent acts. However, you could sue the property manager for poor security in some cases. To be negligent, the manager should have known about the criminal activity around the area but failed to implement proper measures to protect guests or others on the property.

A motorist may be liable if they violated Florida traffic laws and caused an accident. The root of the negligence could have been a distraction or rushing through a red light.

You may even hold a product manufacturer responsible for your brain injury. For example, airbags automatically deploy when you crash into an object with enough force. You might have hit your head against the steering wheel or dashboard if the airbag failed to work.

Many people admit to negligence, and you only need to worry about settlement negotiations. However, some parties deny liability. As a result, you may want to hire a lawyer to help you prove your claim.

One downside of the recovery period is missing work. Some people want to continue their jobs as soon as possible to bring in more wages. After a bit of time, you might feel ready to return for another shift.

The amount of time it takes to go back to work depends on the speed of your recovery. Around 40 percent of people with a traumatic acquired brain injury can safely return to work after one to two years. You might need to take several months off work or up to a year for a minor or moderate brain injury.

You should speak with your doctor to know when you can begin working again. You can come up with a plan together. The best course of action is to go back gradually. Perhaps, you only work a few days a week for a while.

The workload should start light, and multiple breaks are necessary. Some people still feel the effects of their brain injury after returning to work. You have to find what pace works best for you.

When you make a claim, the process can end in an informal settlement or become a formal lawsuit. Your case will most likely have an informal settlement. The mediation occurs outside of court, and you do not have to go to trial.

In this situation, both parties can reach an agreement and consent to forgo further legal action. Informal settlements are ideal when you need to get the money as soon as possible. They make the lawsuit process faster and are cost-effective.

However, your case could end up becoming a formal lawsuit instead. A formal lawsuit is when you file a formal complaint in a civil court of law. Then, the judge hears both sides in a trial and makes the final verdict.

Your case could take longer if it goes to trial, but you have the potential to get more money in compensation. Only a small percentage of cases go to trial. The outcome of a lawsuit is less predictable than an informal settlement.

In general, the federal IRS and Florida do not tax compensation for a personal injury. The only type of settlement you need to pay taxes on is punitive damages. Tax laws exclude damages, but the damages need to relate to physical injuries. If emotional distress caused you to lose income, you have to pay taxes on your reimbursement.

Since many of your damages stem from a brain injury, you do not have to pay taxes on the money. Still, the IRS may try to find other ways around the tax law. If you get a high-value lump sum, you could find yourself in a higher tax bracket.

The deadline for a brain injury claim depends on the statute of limitations of your state. Florida residents have four years to make a claim, per Florida Statutes § 95.11.

Some situations allow for a deadline extension. For example, you might not have discovered your brain injury until the symptoms manifested days or weeks later. Other exceptions can affect how long you have.

When you speak with an attorney, ask them how the statute of limitations affects your case.