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Understanding Traumatic Brain Injuries

Traumatic Brain Injuries (TBIs)

A traumatic brain injury (TBI) occurs when an external force, such as a blow or jolt to the head, disrupts normal brain function. This disruption can range from a brief change in mental status to an extended period of unconsciousness or memory loss. TBIs can result in long term disabilities or even fatalities. In the United States, there were approximately 214,110 TBI-related hospitalizations in 2020 and 69,473 TBI-related deaths in 2021. TBIs can result from various incidents; among the most common are car accidents, unexpected falls, motorcycle accidents, and assaults.

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Seeking Compensation for Traumatic Brain Injuries

The symptoms of a TBI can range from mild to severe, and they may not always be immediately noticeable. Even seemingly mild TBIs can evolve into long-term health challenges, while severe cases may lead to lasting cognitive impairments, emotional changes, and physical disabilities that significantly disrupt daily life. The compensation you may be entitled to depends on the severity of the injury, the impact on your ability to work, and the long-term effects on your daily life. This can include medical expenses, ongoing treatment costs, lost wages, reduced earning capacity, and pain and suffering. For those facing severe disabilities, compensation may also cover long-term care, home modifications, and other essential adjustments to accommodate the injury’s effects.

Steps to Compensation

Steps to Take After a Brain Injury Accident

1

Seek Immediate Medical Attention:

Even if symptoms seem mild or delayed, it’s essential to visit a medical professional as soon as possible. A medical evaluation can identify any internal damage that may not be visible and ensure treatment. Additionally, medical documentation will provide a clear link between the incident and your injury, which is vital if you pursue compensation.

2

Document the Incident

Record as much information about the incident as possible. This includes gathering witness statements, taking photos of the scene, and securing any available surveillance footage. Such evidence can support your claim and establish liability.
3

Follow Medical Advice

Adhering to your doctor’s treatment plan is critical for your recovery and to demonstrate that you are taking all necessary steps to address your injuries. Skipping treatments or failing to follow recommendations can hinder your health and your case.

4

Keep a Record of Symptoms and Expenses

Maintain a detailed log of any ongoing symptoms, emotional changes, or difficulties with daily activities. Also, track all medical expenses, including hospital visits, medication, therapy sessions, and any other costs related to your injury. These records will help illustrate the full impact of the injury on your life.
5

Avoid Discussing the Incident Without Legal Guidance

Avoid making statements to insurance companies or other parties without consulting a lawyer. Insurance adjusters may try to minimize your claim, and anything you say can be used against you.
6

Contact a Florida Brain Injury Lawyer

A lawyer will guide you through the legal process, gather evidence, negotiate with insurance companies, and advocate on your behalf to secure the compensation you deserve.

Frequently Asked Questions

Get answers to common questions about Florida brain injury claims and legal representation to better understand your rights and options.

How much Does a Florida Brain Injury Lawyer Cost?
At the Law Offices of Scott Jay Senft, we work on a contingency fee basis meaning you pay nothing upfront. Our fees are collected only if we win your case, which is typically 30-40% percentage of the settlement awarded. We also offer a free consultation to discuss your case and answer any questions.
How Long Do I Have to File a Claim After a Brain Injury?
In Florida, the statute of limitations for filing a personal injury claim is generally two years from the date of the injury. However, there are exceptions, such as delayed symptom onset or cases involving minors. Contact us to understand how these exceptions might apply to your situation.
What if My Brain Injury Symptoms Appeared Weeks or Months After the Incident?
It’s not uncommon for TBI symptoms to appear long after the accident. This is why it’s essential to see a doctor immediately after the incident, even if you feel fine. Early medical documentation not only ensures your health is prioritized but also establishes a clear connection between the accident and the injury, which is crucial for a successful claim. Seek legal advice as soon as possible to protect your rights.
Can Family Members File a Claim on Behalf of a Loved One with a TBI?
Yes, if the victim is unable to handle their own legal affairs due to the severity of the injury, family members or legal guardians can file a claim on their behalf.
How Long Does a Brain Injury Claim Take to Settle?
The time it takes to settle a brain injury claim depends on several factors, including the severity of the injury, the complexity of the case, the willingness of the insurance company to negotiate, and whether the case goes to trial. While some cases may resolve in months, more complex claims can take years to reach a conclusion.

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Partnering with a Florida brain injury lawyer can alleviate the stress of navigating complex legal processes, allowing you to focus on your recovery. More importantly, it ensures you have the best chance of securing the compensation you need to rebuild your life. With over 30 years representing injured victims, we pride ourselves in providing a personalized and compassionate approach, tailoring our services to meet the unique needs of each client. 

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