Brain Damage Lawyer Miami, FL
Common Causes of Brain Injuries
Brain injuries are one of the most serious types of accidents you can suffer in an accident. They can lead to cognitive, emotional, and even physical difficulties. Here are the most common types of accidents that can result in brain injuries.
- Car accidents. Car accidents occur every day in Florida and some of them can result in brain injuries. Motorists and passengers are more likely to suffer a brain injury if their head hits the steering wheel, glass or other objects during a car accident. The sudden force of a vehicle collision itself may cause brain injuries in some people..
- Medical malpractice. Believe it or not, brain injuries can also occur under a medical professional’s care. For example, if you are given too much anesthesia before a surgery, your brain may get denied oxygen, causing serious damage. This may be considered medical malpractice.
- Slip and fall accidents. Slip and fall accidents can occur just about anywhere, from grocery stores to parking lots. If you slip and fall and hit your head, you may suffer a brain injury.
- Construction sites. Construction sites are one of the most dangerous worksites. Workers can suffer brain injuries if they fall off an elevated surface or get struck in the head with an object.
- Assault. Brain injuries can also result from intentional violence. If someone hits a person on the head with a fist or other object, the person can suffer a brain injury.
Types of Brain Injuries
Before diving too deeply into the types of brain injuries that you can receive in an accident, it is important to make the distinction between acquired brain injuries (otherwise known as an ABI) and typical brain injuries that you think about because of accidents. An acquired brain injury is an injury to the brain since birth, which indicates you were born with it or acquired it soon after being born. Some well known causes of acquired brain injury are strokes, tumors, encephalitis, and a brain hemorrhage. These issues cause very similar symptoms and effects as traumatic brain injuries cause, but treating and coping with these types of injuries is very different from traumatic brain injury treatments.
Traumatic brain injuries, known as TBIs, are a common type of brain injury and really this term is used as an umbrella to cover any and all injuries to the brain. A traumatic brain injury is simply caused by trauma to the head and brain. However this type of injury can be caused by a lot of things, ranging from car accidents to slip and falls.
You may have a traumatic brain injury if you have a brief period where you are not conscious after a fall or an accident, or even if you just feel sick and dizzy after an accident. This type of injury is the most common of all brain injuries, and about 95% of all brain injuries are counted as traumatic brain injuries. You could obtain a traumatic brain injury by bumping your head on a door frame, falling, or being in an accident.
Severeity is decided based on the symptoms. A mild injury is just a brief period of unconscious behavior and perhaps feeling dizzy. A moderate head injury is going to be defined as losing your consciousness for anywhere from fifteen minutes to six hours, or having post-trauma amnesia for twenty-four hours after an accident. Someone with this type of brain injury may be in the hospital for observation and then released if no further complications happen. People with this type of injury are very likely to have residual symptoms such as migraines.
Severe head injuries mean that the patient has been unconscious for six hours or more, or is amnesiac for longer than twenty-four hours. They are going to require hospitalization and rehabilitation once they are considered to be stable enough to rehabilitate.
Remember that a TBI occurs when you hit your head hard enough to jostle your brain around and cause injury to the brain’s tissue itself. This causes swelling and other unsavory injuries to the soft tissue of your brain, which causes a variety of symptoms that are totally dependent upon the injury and the area of the brain that was injured.
Getting Compensation for a Brain Injury
If you suffered a brain injury because of someone else’s negligence, it is wise to speak to a brain damage lawyer in Miami, FL as soon as possible. Brain injuries can lead to long-term medical care and lost wages, and you deserve to be compensated for that. A lawyer can help you file a lawsuit against the negligent party and improve your chances of getting the compensation you need.
During your first consultation with a lawyer, he or she will likely have many questions about your case. For example, your lawyer may want to know what caused your brain injury and the symptoms you experienced afterward. He or she may also ask how your injury has affected your life thus far. If you have any documents pertaining to your injury, like medical records, don’t forget to bring them with you to your consultation.
Contact a brain damage lawyer in Miami, FL from the Law Offices of Needle & Ellenberg, P.A. for the next steps in seeking compensation for your brain injury.
Common Legal Challenges In Brain Damage Cases
Our Miami, FL brain damage lawyer understands that brain damage cases can be both unique and complex, rife with challenges. Our legal team has over 50 years of combined legal experience, and our goal is to help you through these difficult times and secure the justice and compensation you deserve. Here, we outline some common legal challenges you might face in a brain damage case and how we can assist you in overcoming them.
1. Establishing Liability
One of the most significant challenges in brain damage cases is proving liability. It’s crucial to demonstrate that another party’s negligence directly caused the injury. This often involves gathering substantial evidence, such as accident reports, witness statements, and expert testimonies. Without clear evidence, it can be difficult to establish the other party’s responsibility.
2. Proving the Extent of the Injury
Brain injuries can vary greatly in severity, and proving the full extent of the damage can be complicated. Medical documentation, neuropsychological evaluations, and ongoing treatment records are essential in demonstrating how the injury has affected the victim’s life. We work closely with medical professionals to ensure that all relevant information is presented effectively.
3. Long-Term Implications and Future Damages
Brain damage often results in long-term or permanent impairments that can affect an individual’s ability to work, care for themselves, or enjoy life as they once did. Calculating future damages, including lost earning capacity and ongoing medical expenses, is a complex process. Accurate projections require comprehensive analysis and expert input to ensure fair compensation.
4. Dealing with Insurance Companies
Insurance companies frequently attempt to minimize payouts in brain damage cases. They may dispute the severity of the injury or the necessity of certain treatments. As experienced Miami brain damage lawyers, we have the skills and knowledge to negotiate effectively with insurance companies, ensuring that our clients receive the compensation they need and deserve.
5. Understanding and Meeting Legal Deadlines
Strict timelines and procedural requirements are essential to the legal process. Missing a deadline or failing to follow specific legal procedures can jeopardize your case. We keep track of all necessary filings and ensure that every step is completed on time, protecting your right to pursue compensation.
6. Emotional and Psychological Challenges
Brain damage cases are not just about physical injuries; they also involve significant emotional and psychological challenges. These cases often require testimonies from mental health professionals to highlight the impact on the victim’s mental well-being. Our compassionate approach ensures that these aspects are fully addressed, contributing to a comprehensive representation of your case.
7. Securing Adequate Compensation
Calculating the appropriate amount of compensation for brain damage involves considering various factors, including medical expenses, rehabilitation costs, lost wages, and pain and suffering. We strive to secure settlements or verdicts that fully address the comprehensive needs of our clients, ensuring that all aspects of their lives are taken into account.
8. Courtroom Dynamics and Jury Perception
Presenting a brain damage case in court requires careful preparation and an understanding of how to effectively communicate complex medical information to a jury. Jurors must grasp the severity of the injury and its impact on the victim’s life. We prepare thoroughly for trial, utilizing visual aids, expert witnesses, and compelling narratives to make a strong case.
Overcoming Legal Challenges In Brain Injury Cases
When it comes to taking legal action after an accident that involves brain damage, it will be essential to have a legal professional available to assist with managing the various legal challenges. At Needle & Ellenberg, P.A., our dedicated team of Miami brain damage lawyers is committed to guiding you through this process with professionalism and care. If you or a loved one has suffered a brain injury, contact us today for a complimentary consultation. We are here to help you pursue the justice and compensation you deserve.
Frequently Asked Questions About Compensation For Brain Injuries
There is a long reaching impact for victims and their families who have suffered a brain injury. The legal challenges associated with brain injuries can be overwhelming, and seeking rightful compensation is essential to ensure that victims receive the care and support they need. Below, our Miami, FL brain damage lawyer will address some frequently asked questions to help you understand your rights and the legal processes involved in brain injury cases.
What Types Of Compensation Are Available For Brain Injury Victims?
Victims of brain injuries may be entitled to various forms of compensation. Primarily, this includes coverage for medical expenses, which encompasses costs such as surgeries, hospital stays, medications, and ongoing rehabilitation therapies. Additionally, victims can seek compensation for lost wages if their injury prevents them from working either temporarily or permanently. Another significant component is compensation for pain and suffering, which acknowledges the physical pain and emotional distress caused by the injury. In more severe cases, compensation might also cover the costs of long-term care or necessary modifications to the victim’s home to accommodate their new needs. Ensuring that victims in Miami, FL receive comprehensive compensation is our top priority.
How Is The Amount Of Compensation For A Brain Injury Determined?
The amount of compensation awarded in brain injury cases depends on several factors. These include the severity of the injury, the extent of medical treatment required, and the impact on the victim’s ability to work and maintain their quality of life. The court or insurance companies will consider medical records, expert testimonies, and evidence of lost wages and future earning potential. Additionally, non-economic damages such as pain and suffering are evaluated based on the injury’s impact on the victim’s daily life and mental health. Having a lawyer who will work diligently to ensure all these aspects are thoroughly examined to secure the maximum possible compensation for our clients.
Can I Claim Compensation If The Brain Injury Occurred At Work?
Workers’ compensation insurance can assist victims when they experience a brain injury while on the job. Workers’ compensation typically covers medical expenses, rehabilitation costs, and a portion of lost wages. In cases where the injury resulted from employer negligence or unsafe working conditions, it might be possible to pursue additional compensation through a personal injury lawsuit. It is crucial to consult with a Miami, FL brain damage lawyer to explore all possible avenues for compensation and ensure that your rights are fully protected.
What Expenses Can Be Covered By Brain Injury Compensation?
Brain injury compensation can cover a wide range of expenses. These typically include immediate medical costs such as emergency care, surgeries, and hospital stays. Long-term medical expenses, including physical therapy, occupational therapy, and ongoing medical treatments, are also covered. Additionally, compensation can cover lost wages and loss of earning capacity if the victim cannot return to work. Other covered expenses might include costs for home modifications to accommodate disabilities, psychological counseling, and support services. Our legal professionals are committed to ensuring that all relevant expenses are accounted for in your compensation claim.
How Long Does It Take To Receive Compensation For A Brain Injury?
The timeline for receiving compensation for a brain injury can vary widely depending on the complexity of the case, the extent of the injuries, and whether the case is settled out of court or goes to trial. In some instances, settlements can be reached within a few months, while more complex cases involving litigation may take several years to resolve. Throughout this process, having a knowledgeable attorney can help expedite proceedings and ensure that your claim is handled efficiently. We strive to provide our clients in Miami, FL with timely and effective legal representation to achieve the best possible outcome.
Getting Help With Your Brain Injury Claim
It’s important to be aware that you don’t have to face the aftermath of dealing with a brain injury alone. At Needle & Ellenberg, P.A., our dedicated team is here to help you navigate the legal process and secure the compensation you deserve. If you or a loved one has suffered a brain injury, contact our Miami, FL brain damage lawyer today, who has a combined 50 years of experience, for a consultation. Let us help you take the next step towards recovery and justice, we have proven results.