Naturally, to substantiate a brain injury lawsuit, the existence of a brain injury will need to be proven. Determining the short-term consequences and the long-term impacts of a brain injury is crucial to building your case. Both the extent of the injury and the impact on your life are directly linked to the settlement amount awarded. Even in mild cases, an experienced attorney can connect you with the appropriate medical experts to build evidence for your case. 

Types of Brain Injuries and Their Causes

A Traumatic Brain Injury (TBI) can be caused by any sudden blow, jolt, or penetrating injury to the head. Though there are many circumstances that lead to such an injury; among the most common are unexpected falls, car accidents, assault, and firearm-related accidents. TBIs can vary from mild to severe, and there are many distinct types which can present different symptoms.   

• Mild TBI or Concussion: A mild TBI or concussion can lead to temporary symptoms including headaches, confusion, and dizziness. After repeated concussions, lasting symptoms may develop. These can include chronic headaches, memory and concentration problems, and balance issues. 

• Moderate to Severe TBI: A moderate to severe TBI can cause serious and potentially permanent damage. Problems with thinking and movement are common. According to the CDC, these injuries also tend to have a negative effect on employment and mental health. In the most severe cases, a TBI can even lead to death. 

• Penetrating Brain Injury: Penetrating brain injuries occur when an object pierces the skull and brain tissue. Researchers posit that penetrating brain injuries are the most lethal type of traumatic head injury. For survivors, the treatment and recovery process is extensive and complex. 

• Anoxic Brain Injury: Anoxic brain injuries occur when there is not enough oxygen delivered to the brain. Carbon monoxide poisoning is among the leading causes. Anoxic brain injuries can lead to several complications for survivors; the most common are risk of seizures and lifelong disability. 

To create a basis for your case, you must prove that your injury was directly caused by someone else’s negligence. To prove negligence, you must establish that the other party had a duty of care and that it was breached. It must also be shown that this breach led to your injury and any other damage. Certain evidence, such as medical records or expert testimony, may be crucial in establishing causation, especially when it comes to the complex effects of TBI. 

Negligence Explained

To better understand what constitutes negligence, consider a hypothetical slip-and-fall accident involving James, a shopper at a convenience store. In a hurry, he fails to notice a spilled liquid in the refrigerated section, causing him to fall and hit the back of his head against the floor. James’ fall leaves him with a traumatic brain injury. 

Another customer in the store has already noticed the spill and informed the store owner, Susan. However, Susan failed to address the issue immediately. As a result, the spill has been left unattended for several minutes, and no signage is present to signal the danger. 

James’ accident was preventable. As the person responsible for the premises, Susan has a duty of care. By failing to respond to a dangerous situation in a timely manner, she has breached said duty. 

If James decides to file a lawsuit against the store for this incident, he will have satisfied the three key elements of proving negligence:  

          (1) that he has been injured, 

          (2) that Susan has breached her duty of care, and 

          (3) that Susan’s actions explicitly caused the injury in question. 

Finally, to pursue legal action for brain injury, one must file within the legal timeframe. In Florida, the time frame for filing a brain injury claim is determined by the statute of limitations, which may vary depending on the type of case. The statute of limitations for a brain injury lawsuit is likely to fall between two to four years. In any case, it is wise to investigate your options as soon as possible. This ensures you have ample time to build your case. 

Compensation Received by Other Brain Injury Victims 

These ideas are not merely hypothetical. Observing the real outcomes of actual brain injury cases can help illustrate the importance of each element of a suit, and how the details of each individual case can affect the compensation received. Below are two case studies from the past few years involving traumatic brain injury. 

$1 Million Settlement After 2019 Car Accident

In August of 2019, in Sacramento County, CA, Zachary Kryvoshey suffered an unexpected collision with a Sheriff’s Deputy’s vehicle. The Deputy allegedly pulled directly into Kryvoshey’s path without emergency lights, or a siren activated. Kryvoshey suffered a traumatic brain injury as well as property damage from the accident. His attorney argued that both outcomes were the direct result of negligence by the county and the Sheriff’s Deputy operating the vehicle.  

This case offers a clear example of causation and breach of duty. By getting in Kryvoshey’s way without activating his siren or emergency lights, the Deputy failed to uphold his duty of care. Moreover, this failure was the direct cause of Kryvoshey’s injuries. With the services of an attorney, Kryvoshey received $1 million in compensation for the Deputy’s negligence. 

$44 Million Settlement After 2018 Work Injury

In February of 2018, in Bergen County, NJ, a then-construction worker Arian Hila was crushed by a debris chute while trying to clear it. Hila was reportedly unable to breathe for 20 minutes while awaiting rescue from emergency services. He additionally sustained multiple injuries. The incident resulted in brain damage, leaving Hila significantly impaired and in need of lifelong care. In response, Hila’s family launched a suit against multiple defendants with advisement from attorneys. After a multiple-year process awaiting a trial date and seeking a settlement agreement with defendants, finally leading to seven days of witness testimony, the case was ultimately resolved with a large $44 million settlement in June of 2024. 

One reason for this case’s complexity and high settlement is the involvement of a defective product, which allowed the attorney to argue that the distributor was also liable. Moreover, Hila’s injuries impacted both his ability to work and his general quality of life. He needed lifelong care resulting in additional expenses. All of this factored into the total compensation received. 

The impact of a brain injury, regardless of type or severity, can be overwhelming. Hiring an experienced Florida brain injury lawyer to represent your case means one less burden to bear. Moreso, it makes all the difference in attaining the maximum compensation to help you travel the road to recovery. 

If you are seeking a Florida brain injury lawyer to represent your case, The Law Office of Scott Jay Senft is equipped with the knowledge, resources, and expertise needed to maximize your claim. With over 30 years of experience, a specialization in personal injury, and a commitment to pursuing the compensation clients deserve, we offer top-tier services in the state of Florida. We encourage you to schedule a free consultation today to take the first step towards the results you deserve.