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Brain Injury Lawyer Miami, FL

Answers from a Brain Injury Lawyer Miami, FL Patients Trust: Has a Concussion Happened to You?

Brain Injury Lawyer Miami, FLA brain injury lawyer in Miami, FL from Needle & Ellenberg, P.A. knows that a concussion is a very serious condition that can happen in a variety of scenarios. The person may have been playing high-impact sports, had slipped and fallen, or otherwise hit their head on an object or the ground. In many cases, the concussion was not their fault because someone else’s carelessness caused the accident. 

Because a concussion is not a visible injury, a person may not realize they sustained a concussion. They can be very serious, and in some instances they are fatal. For these reasons, if you hit your head you should see a doctor right away. If your diagnosis is positive for a serious injury that you did not cause, contact a lawyer from Needle & Ellenberg, P.A. We may be able to file a personal injury claim against the at-fault party to pay for your treatment.

In the article to follow, we have answered many of the common questions people have when dealing with a potential concussion injury. Call our law firm to learn more during a free consultation to discuss filing a claim against the responsible person.

WHAT EXACTLY IS A CONCUSSION?

A concussion is a type of traumatic brain injury that can hinder the functioning of a person’s mind and body. People suffer from a concussion most commonly after a severe blow or impact to the head. A doctor can perform an evaluation and diagnostics to determine if someone has suffered a concussion. Before you can file a claim with the help of a lawyer from Needle & Ellenberg, P.A., you will need medical documentation that proves the extent of your injury.

CONCUSSIONS AND PERSONAL INJURY ACCIDENTS

Concussions often happen as a result of a personal injury accident, such as a car collision, medical malpractice, slip and fall, premises accidents, product defect, construction accident, and more. In all of these cases, it is possible that another entity or individual was partially or fully responsible for the other person being harmed. Here we have covered some of the most common ways that concussions happen in personal injury accidents:

Car Crash

A collision between two cars can occur at any time, no matter how safe you are driving. Whiplash is a prevalent condition following a car accident, but the sudden back and forth jolting of the head can cause a concussion as well. If the driver has symptoms related to concussions after the crash, then getting medical care promptly is advised. Starting a paper trail for your injuries can also help your case if you file an insurance claim or lawsuit against the offending driver.

Assault

Some concussions do happen because of deliberate assault. Whether the assault was an act of random violence, domestic abuse, or bullying, signs of a concussion may be overlooked amid the emotionally traumatic response to the event. Intense headaches, nausea, vomiting, unconsciousness, and personality changes may be seen in those with concussions. 

Workplace Accident

Workplaces are supposed to be a place where you don’t have to worry about whether your life is in danger. But unfortunately, many people get hurt while on the job and may sustain serious brain injuries, such as a concussion. Even construction workers who have a riskier job than most still deserve maximum compensation for work-related injuries. 

Slip and Falls

Millions of people rush to the emergency room after falling at home or on another property. Many of these people are of older age, but anyone can fall regardless of if they are young or elderly. Those who sustain concussions because of a slip and fall accident often have more than enough medical bills and other loss to deal with. In these incidents, it can greatly benefit the victim to have a lawyer advocate for their behalf.

WHAT ARE THE TYPICAL SYMPTOMS OF A CONCUSSION?

If you are not sure whether or not you have endured a concussion, it is best to see a medical professional to confirm if you need urgent treatment. It is important to receive care promptly when it comes to potential injuries of the head, skull, or brain. The most common symptoms of a concussion include:

  • Feeling sluggish and foggy
  • One pupil is larger than the other
  • A headache that worsens and does not go away
  • Slurring speech
  • Poor coordination
  • Vomiting and nausea
  • Shaking or twitching
  • Restlessness
  • Changes in sleep
  • Temporarily losing consciousness
  • Tinnitus
  • Skull pressure
  • Moodiness, anxiety, or irritability

DOES A PERSON ALWAYS HAVE TO SEE A DOCTOR AFTER A CONCUSSION?

It is highly encouraged that those who believe they may have sustained a concussion should see a doctor immediately. When it comes to an injury of the brain, it should be diagnosed and treated quickly or else it could significantly worsen. If you are unable to get yourself to the emergency room, do not hesitate to call for an ambulance. Every lawyer from Needle & Ellenberg, P.A. is familiar with victims who suffered a concussion but did not seek treatment in a timely manner and suffered more as a result.

ARE THERE POTENTIAL COMPLICATIONS WITH A CONCUSSION?

There are concussion complications that a person may suffer after the accident. While many people heal from a concussion with no additional problems, there are complications that can occur. If this happens, you may need the assistance of a brain injury lawyer who can protect your rights. Common complications are listed as follows:

  • Cumulative Concussion Effects = someone who has more than one concussion in their lifetime may be more likely to develop progressive brain impairments.
  • Second Impact Syndrome = if a second concussion occurs before the first heals completely, life-threatening brain swelling can result.
  • Post-Concussion Syndrome = within the few days after a concussion, a person may have headaches and difficulty thinking clearly.
  • Post-Traumatic Headaches = a person may suffer from unrelenting headaches, most often within the several weeks after the accident.
  • Post-Traumatic Vertigo = when a person experiences disorienting dizziness and spinning post concussion.

A brain injury lawyer knows that one of the most catastrophic injuries resulting from medical malpractice is when a patient is left with a brain injury or damage. At Needle and Ellenberg, P.A., we have more than five decades of combined legal experience fighting for injured clients. We are dedicated to getting victims the compensation they deserve when medical personnel fail in their diligence.

4 Reasons To Hire a Brain Injury Lawer

After a car accident, it is common for individuals to encounter personal injuries. One of the most frequent and often most serious of those injuries is a traumatic brain injury. This kind of injury occurs when the head jolts forward and back, causing the brain to bruise inside of the skull. While TBIs are not always fatal, they can be. They can also have life-altering effects. As such, speaking with a brain injury lawyer in Miami, FL, after your accident is a smart idea. He or she can help you understand what options you have moving forward. 

1. Long-Term Effects Can Be Costly

One of the biggest reasons to enlist the help of a legal professional is because the hospital and physical therapy bills are costly. Many TBIs lead to long-term effects, and some individuals experience ongoing problems for the rest of their lives. An experienced lawyer can help you get some of that money back.

2. Seemingly Minor Injuries Can Have Serious Effects

Another reason it can be helpful to have a brain injury lawyer in Miami, FL, on your team is that even seemingly minor TBIs can have serious effects. A person may appear okay after his or her accident, and he or she may even sound normal, but there are often mental and emotional long-term effects that remain invisible to the naked eye.

3. Damages Can Be Difficult To Be Prove

Working with a legal professional may be most beneficial when it comes to proving damages. Because brain injury lawyers regularly work with these types of cases, they know how to defend their clients. For a car accident victim who is unfamiliar with the fine details of the law, this guidance can be priceless.

4. Insurance Companies Are Not on Your Side

An additional reason to hire a brain injury lawyer in Miami, FL, is because of this ultimate truth: Insurance companies are not on your side. After an accident, insurers will fight to offer you the lowest possible compensation. Without legal representation, many individuals mistakenly accept the first offer out of financial desperation. This does not have to be the case though.

If you or someone you love has sustained a TBI in a car accident, you may be eligible for far more compensation than an insurance company is trying to tell you. Working with an experienced brain injury lawyer can help you understand your options as you move forward with the decision-making and healing processes. 

 

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Different Types of Traumatic Brain Injury

Penetrating Versus. Closed Injury

A penetrating injury is one where something has gone through the dura, the membrane between the brain and the skull. A penetrating injury often pierces the brain itself.

Closed injuries happen when the skull remains intact, but the brain bounces and twists inside it. These traumatic brain injuries (TBIs) can have symptoms ranging from a mild headache to death. Your brain injury lawyer in Miami FL, from Needle & Ellenburg, P.A. can explain the potential damages you can recover from each type of injury.

Intracranial Hematomas

An intracranial hematoma is bleeding in the brain. There are five types of hematomas:

  • Subarachnoid hemorrhage — bleeding within the layers of the dura
  • Intraventricular hemorrhage — bleeding into the ventricles, hollow areas in the brain that manage cerebro-spinal fluid, which surrounds the brain and spine
  • Epidural hematoma — bleeding between the skull and the dura
  • Subdural hematoma — blood clot between the brain and the dura
  • Intracerebral hematoma — bleeding within the brain itself due to a burst blood vessel

Coup-Contrecoup

A contusion is a bruise on the brain that occurs when it knocks against the skull. A coup-contrecoup contusion occurs when the force of the blow bounces the brain off the opposite side of the skull, causing a second injury. Your brain injury lawyer in Miami FL, can talk about different lawsuit options with this type of injury.

Skull Fractures

Some types of skull fractures are:

  • Linear — this fracture looks like a fine line or crack in the skull. This is the least dangerous type of skull fracture. Most are monitored for adverse effects. 
  • Depressed — a depressed fracture occurs after a blow to the head with a heavy object. A noticeable indentation on the skull may put increased pressure on the brain, which can lead to brain injury, coma, stroke and death.
  • Basilar — an injury at the base of the skull which can allow cerebrospinal fluid to leak out of the head.

Diffuse Axonal Injury 

A diffuse axonal injury occurs when the brain is twisted inside the skull. It causes damage to the axons, the part of a nerve cell that carries information to other nerve cells. Diffuse axonal injuries usually cause damage to many parts of the brain.

Primary and Secondary Brain Injury

The primary brain injury is the injury to the brain that ends with the initial blow. It’s complete at the time of impact. Secondary brain injuries are the changes that occur hours to days after the primary injury, and include damage to cells, chemicals or blood vessels in the brain.

If you’ve been the victim of a TBI due to another’s recklessness or negligence, call a brain injury lawyer in Miami FL, from Needle & Ellenburg, P.A. today.

FAQs About Brain Injuries in Florida

What Evidence Do You Need for a Brain Injury Lawsuit?

The type of evidence needed for your case depends on the circumstances that led to the injury. A brain injury lawyer in Miami, FL can discuss your case with you and let you know exactly what evidence is required.

When the brain injury is the result of a car accident, workplace accident, or slip and fall accident, it’s important to document where and how the injury happened. Medical records that show your injuries and expenses also help your lawyer build a strong case.

When brain injuries are the result of misdiagnosed illnesses, surgical errors, or medical errors during labor, you can file a lawsuit for medical malpractice. In this case, it’s important to gather documents proving that the physician acted negligently. You also need records that prove financial and other harm to you.

At Needle & Ellenburg, P.A., we take care of evidence gathering for your case. This can include interviewing witnesses and getting medical experts to testify.

How Long Do You Have To File a Lawsuit for a Brain Injury?

You should contact a brain injury lawyer in Miami, FL as soon as you become aware of your brain injury. For example, if you were injured on a contruction worksite, speak to a lawyer as soon as you receive medical care. This can prevent you from accidentally signing away your rights and help you get compensation ASAP.

What if you were in a car accident years ago but only recently learned about brain injuries from it? Whether you can go to court depends on the circumstances surrounding the accident. We encourage you to speak with our team at Needle & Ellenburg, P.A. to find out about your specific case. Often, the clock on the statute of limitations only starts running once a person is aware of the injury.

Why Should You File a Lawsuit for Brain Injuries?

The first reason to have brain injury lawyer in Miami, FL file a lawsuit for your case is to receive compensation for your medical treatment. If your injury prevents you from working or causes ongoing pain and suffering, receiving compensation can improve your quality of life and help you provide for your family.

Another reason to file a lawsuit is because the long-term effects of brain injuries are hard to predict. You may develop chronic pain and physical or emotional disorders as a result. Going to court now can help you prepare for the future.

BRAIN INJURIES CAUSED BY MEDICAL MALPRACTICE

An experienced brain injury lawyer in Miami, Florida knows that whenever there is a diminished supply of oxygen to our brain, there is a great risk of brain damage. The more deprived our brains are of that oxygen, the more severe that damage can be.

The damage to brains when oxygen is deprived happens quickly. In fact, brain cells begin to die within only five minutes after oxygen is cut off. When too much time has passed without oxygen, the victim can have seizures, go into a coma, or brain death can occur. When a person is declared brain dead, their cardiovascular system may still be functioning, but brain activity cannot be measured. The victim needs life support to breathe.

A seasoned brain injury lawyer from our law office may have represented many clients who suffered oxygen deprivation during a medical procedure because someone on the medical staff failed to follow the correct protocols or procedure. Some of the more common preventable medical errors which cause injury to patients’ brains include:

  • Mistakes made during administration of general anesthesia
  • Mistakes made during surgery
  • Mistakes made during childbirth, either before, during, or after delivery
  • Medication errors, such as the incorrect dosage or the wrong medication entirely
  • Failure to diagnose and treat low blood pressure

We have worked with many clients who have suffered with the devastating results of medical malpractice involving injury to the brain. Some of the different disabilities victims are left with include:

  • Coordination difficulty
  • Difficulty with critical tasks, including judgement making and reasoning skills
  • Disturbance or difficulty with vision
  • Short-term memory loss
  • Trembling, spasms, jerky movements, rigidity of extremities
  • Unable to perform simple tasks with involve sequence of events, such as
  • brushing hair or brushing teeth
  • Weakness in arms and legs
  • Language and communication difficulties

The length of time a patient is deprived of oxygen determines how much damage they will sustain and if recovery is at all possible. The longer a victim is deprived of oxygen, the less chance they have of healing.

LET AN AGGRESSIVE BRAIN INJURY LAWYER IN MIAMI, FL FIGHT FOR YOU

If you or a loved one has suffered a brain injury or brain damage due to the preventable actions of a medical professional, and if you would like to discuss your case with a brain injury lawyer, contact Needle and Ellenberg, P.A. Our legal team is available to meet and discuss the details of your case. During this consultation we may discuss what legal recourse you have against those responsible for the injuries. Call a compassionate team member today for your free case evaluation.

WHAT CAN I DO IF EMERGENCY MEDICAL TREATMENT CAUSED A BRAIN INJURY?

Emergency medical treatment is often chaotic. When trying to save the lives (and the quality of those lives) of their patients, emergency medical professionals often have to make tough calls in the blink of an eye. Oftentimes, those calls are based on sound judgment and rooted in best medical practices. But sometimes, the chaos of emergency medicine can rattle even those professionals who dedicate their lives to its practice. When bad calls are made or are rooted in questionable practices, patients can suffer devastating effects. And unfortunately, it can be very difficult for patients and their loved ones to determine whether negative outcomes resulted despite excellent medical care or as a result of questionable medical negligence.

If you or a loved one recently suffered a brain injury after (or possibly due in-part to) receiving emergency medical care, please consider scheduling a consultation with a brain injury lawyer at your earliest possible convenience. You are likely feeling overwhelmed in the wake of this injury. That is both normal and completely understandable. But thankfully, you do not have to navigate the legal side of these challenges alone. Our firm is dedicated to helping injured individuals find answers to their legal questions and solutions to their legal challenges. Once we learn about your family’s unique situation, we will be able to help you with both of these realities.

WHEN EMERGENCY TREATMENT CAUSES BRAIN INJURY

The first challenge that presents itself when brain injuries occur before/during/after emergency medical treatment is determining whether medical negligence or recklessness played any part in the development or evolution of that injury. Sometimes brain injuries occur in spite of excellent medical care, whereas other times negligent or even reckless medical practices lead to the development or exacerbation of brain injuries. Working with a brain injury lawyer will enable you to learn about “why” and “how” the injury in question occurred and/or was made worse.

If medical negligence and/or recklessness played a part in the injury in question, our firm will be able to help you explore your legal options. If you decide to file a personal injury claim against those responsible, a brain injury lawyer will provide experienced legal guidance and support as we work to help your claim succeed.

LEGAL GUIDANCE IS AVAILABLE

If you or a loved one recently received emergency medical care that resulted in a brain injury, please do not hesitate to schedule a consultation with a brain injury lawyer at your earliest possible convenience. Speaking with us does not obligate you to take legal action but scheduling a consultation will help to ensure that your decisions moving forward are informed ones. It is important to connect with our firm as soon as possible in order to preserve all of your legal options. That way, if you do decide to take legal action, you will remain empowered to do so and will remain in the best possible position for your claim to succeed. 

As time moves on, evidence can become compromised, memories may become muddled and legal time limits may run their course. Please consider scheduling a consultation with Needle & Ellenberg, P.A. today. Your future self will almost certainly thank you for making this effort and ensuring that your decisions are informed as you move forward.

OCCUPATIONAL THERAPY AND PERSONAL INJURY: WHAT YOU NEED TO KNOW

In addition to seeking out a brain injury lawyer, it’s important to seek out help for your physical recovery. People who are injured in an accident often instinctively know that they should seek treatment from an emergency department or medical professional. Depending on the injury, ongoing support and treatment can be obtained from a variety of healthcare providers.

A registered occupational therapist can be beneficial in an accident victim’s recovery, rehabilitation, and quality of life after an accident. But, what does an occupational therapist do exactly?

WHAT IS AN OCCUPATIONAL THERAPIST?

Occupational therapists (OTs) are qualified and credentialed healthcare professionals who treat injured, ill, or disabled patients through the therapy of everyday activities. Contrary to their designation, OTs do not necessarily address a person’s occupation. They help accident victims develop, improve, recover, and maintain the skills necessary for daily living and working.

These knowledgeable therapists help patients develop skills that will lead to success in everyday life including these pursuits: 

  • Motor 
  • Social 
  • Personal 
  • Academic 
  • Vocational

They have in-depth training in the biological, physical, medical, and behavioral sciences. They help people restore function and participation in numerous areas of their lives. A brain injury lawyer may be able to offer you a referral for an experienced local occupational therapist.

WHAT DOES AN OCCUPATIONAL THERAPIST DO?

If you have suffered an accident, illness, or traumatic injury, such as a brain injury, it is useful to have an occupational therapist on your rehab team. The OT can perform many roles, including:

  • Conducting a home assessment to determine the need for adaptive and safety devices as well as mobility needs.
  • Planning and ensuring that the appropriate equipment is ordered and delivered to the home
  • Helping to determine the amount of attendant care or professional nursing services the injured person needs. If attendant care is necessary, the OT can take steps to put that in place.
  • Conducting a mobility assessment to ascertain whether the patient would benefit from assistive devices to help them walk, sit, stand or transfer between these positions.
  • Arranging for the patient’s transportation to and from medical appointments.
  • Providing case coordination for patients who have complicated or multi-symptom injuries.
  • Accompanying the injured person to certain appointments and collaborating with medical providers. 
  • Interfacing with employers to provide workplace accommodations so that a return to work is smooth and seamless.

WHO PAYS FOR AN OCCUPATIONAL THERAPIST?

OT services are privately funded if delivered outside a hospital. Patients need to retain a private OT. Those with a medical-dental benefits policy may have some services covered by the plan. If you have been injured in a personal injury accident, you may have to file a lawsuit for your damages, and an attorney may hire an OT to assist with the case. 

OTs can provide expert evidence. They not only help to provide an understanding of a patient’s situation, but they can also provide documentation as a medical professional. Medical records can demonstrate your circumstances and need for an award of damages in a settlement meeting, mediation, or the courtroom.

To get help recovering what you’ve lost due to an accident or traumatic injury, contact a brain injury lawyer or occupational therapist for more information. Remember, medical documentation is crucial to your case, so retain the services of a professional right away to get the needed evidence. Consult a Florida brain injury lawyer in Miami from Needle & Ellenberg, P.A. today for help on your road to recovery.

Compensation for a Catastrophic Injury

A brain injury lawyer in Miami, Florida can help you get the compensation you deserve if you have suffered a catastrophic injury. Any kind of injury can lead to a major disruption of your life: You’ll be swamped with medical bills and you’ll have to bounce back and forth between medical specialists who may or may not solve your problems – not to mention the wages you’ll miss out on over the course of your lengthy recovery.

However, there are some cases in which recovery isn’t even possible. If your injury goes beyond the scope of a normal personal injury and leads to life-changing challenges and difficulties, you may have to get in touch with a lawyer who specializes in catastrophic injury so you can get the compensation you deserve. Read on to learn more about life-changing injuries, and see how a brain injury lawyer from Miami, FL can help.

About Catastrophic Injury

A personal injury caused by someone else’s negligence deserves to be thoroughly investigated. Your medical bills won’t pay themselves, and you shouldn’t have to pay out of your own pocket if you suffered your injuries on account of another person or party’s irresponsibility. Recovery is rocky, and you’ll need all the help you can get to make it through a particularly challenging time.

A catastrophic injury, on the other hand, is much more severe than a run-of-the-mill personal injury. Catastrophic injuries typically leave the victim with permanent disabilities and a completely changed life. Brain injuries are a prime example of catastrophic injury: While some are recoverable, many are not – and those who suffer brain injuries because of the action (or inaction) of another party should expect financial damages.

Learning to live with a catastrophic injury typically means relearning how to live your life. You may have to adapt to your disability and relearn how to carry out your usual day-to-day activities, and you may never work again. Experiencing a catastrophic injury can ruin your life, and it’s up to a specialist like a brain injury lawyer in Miami FL to help you pick up the pieces.

Contacting a Brain Injury Lawyer

When you reach out to a brain injury lawyer, you’re taking an important step to getting your life back under control. Experiencing a catastrophic injury is much worse than just a regular personal injury, and it’s easy to feel completely overwhelmed and lost. However, the right legal team can help you pick up the pieces and rebuild your life, and they can provide valuable advice about what you should do next after experiencing your injury.

At Needle & Ellenberg, P.A., we understand that your brain injury is something completely unplanned, and we know the circumstances surrounding your injury were completely unavoidable. We also know that you deserve the chance to rebuild your life – without paying out of your own pocket. Reach out to us today to learn more about how we can help you get the compensation you deserve, and see how a Brain Injury Lawyer Miami, FL trusts can help you regain your future.