Miami Brain Injury Lawyers
Traumatic brain injuries (TBIs) can have life-altering consequences, affecting not only the individual who sustains the injury but also their loved ones. When a TBI is caused by negligence or wrongdoing, those affected may seek compensation.
If you are interested in possibly filing a brain injury case, contact the Miami brain injury lawyers at Flaxman Law Group for a free consultation.
Understanding Traumatic Brain Injuries
TBIs occur when an external force disrupts normal brain function. These injuries can range from concussions to severe brain damage, depending on the extent and location of the trauma. TBIs are typically caused by a blow or jolt to the head, but they can also result from penetration, such as from a bullet or sharp object. In some cases, a sudden, violent shaking of the head can cause a brain injury. A lack of oxygen to the brain—usually caused by birth injuries, near-drowning incidents, or surgical error—can also cause brain injury.
TBIs are categorized into mild, moderate, and severe, based on the injury’s severity and the symptoms experienced. Mild TBIs, such as concussions, may only cause temporary disruptions in brain function, whereas severe TBIs can lead to long-term physical, cognitive, and emotional impairments. However, it’s important to recognize that even mild TBIs require immediate medical attention to rule out a more serious injury and to ensure you get the right treatment.
Symptoms of a TBI can include headaches, dizziness, confusion, memory problems, nausea, and loss of consciousness. However, some symptoms may not appear immediately and can develop over time, making it crucial to always seek medical attention if you may have sustained a head injury. Even if you feel fine, get a medical evaluation to rule out a serious injury.
Causes and Effects of Brain Injuries
There are three major mechanisms by which brain injuries can happen: blunt force, penetration, and lack of oxygen. With blunt force or violent shaking, the brain bounces around and makes impact with the inside of the skull, which causes damage to the brain tissue, swelling, and bleeding. With a penetrating injury, the skull cracks open because of an impact (like a fall) or a knife or bullet penetrates the skull, causing direct damage to the brain. A penetrating injury like this can also put you at risk of a serious infection. Finally, if the brain is deprived of oxygen for minutes or longer, some of the brain tissue starts to die, causing permanent injury.
The leading causes of brain injuries include:
- Motor vehicle accidents.
- Falls, including slip and falls and falls from heights.
- Violent shaking, which is especially common in cases of domestic violence directed at children (in these cases, TBIs are sometimes referred to as “shaken baby” injuries).
- Sports injuries.
- Accidents in recreational activities, such as bicycling, boating, and skateboarding.
- Physical assaults.
- Gunshot wounds and stabbings.
- Workplace accidents, including machinery accidents, construction site incidents, and other situations that lead to harm to the head.
- Near-drownings.
- Anesthetic errors and birth injuries that leave the brain without oxygen for an extended period of time.
- Choking incidents where a person’s brain is left without oxygen for an extended period of time.
- Medical misdiagnosis and delayed diagnosis of conditions like strokes, which allow brain damage to occur due to delayed treatment.
During a TBI, the effects of brain injuries can be immediate. For example, if someone falls from a scaffold and suffers a skull fracture, the brain is immediately injured by bone shards and the impact. In other cases, the effects can take hours to notice. For example, someone who is in a car accident and hits their head may feel fine. However, they may have suffered bruising inside the skull and their brain may start to swell. This can cause symptoms to develop gradually.
Common physical symptoms include headaches, dizziness, fatigue, vision problems, and balance issues. Severe injuries may lead to loss of motor control, paralysis, or seizures, depending on which area of the brain is impacted.
Brain injuries can also affect cognitive functions, including memory, concentration, and problem-solving skills. Some individuals may experience difficulty processing information, learning new tasks, or maintaining attention. More severe injuries can lead to permanent cognitive impairments.
TBIs can also cause significant changes in mood and behavior. People with brain injuries may experience depression, anxiety, irritability, or even aggression. Some may experience personality changes. These shifts can affect relationships, work, and daily life.
While some individuals recover fully from TBIs, others may experience long-term complications, including chronic headaches, memory loss, and difficulties with decision-making. In severe cases, individuals may require ongoing care and rehabilitation.
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Brain Injury Lawsuits and Compensation
When a brain injury is caused by someone else’s negligence or wrongdoing, the injured party may be entitled to seek compensation through a lawsuit. Brain injury lawsuits require detailed evidence to prove that another party’s actions directly caused the injury and that the injury led to significant damages, both financial and personal.
In a brain injury lawsuit, the injured person (the plaintiff) must establish that the defendant’s (the at-fault party’s) actions were the direct cause of the injury. Common grounds for filing a lawsuit include motor vehicle accidents, workplace accidents, medical malpractice, and incidents resulting from defective products. The plaintiff must show that the defendant owed a duty of care (such as driving safely or maintaining a safe workplace) and that failing to meet this duty caused the injury.
The Role of a Brain Injury Lawyer
A brain injury lawyer works closely with healthcare professionals to understand the full extent of the injury and its long-term effects. They can also conduct a thorough investigation into the circumstances surrounding the brain injury. The lawyer’s goal is to establish liability, showing that the defendant’s actions directly caused the injury.
Insurance companies often try to minimize payouts or deny claims altogether. A brain injury lawyer can help by negotiating with insurance providers on behalf of the client. They ensure that the settlement offers reflect the true cost of the injury. If the insurance company refuses to offer a fair settlement, the lawyer can prepare to take the case to trial.
One of the most important roles of a brain injury lawyer is to fight for the fair compensation that the victim deserves. This compensation isn’t just about covering medical expenses; it also includes securing financial support for those who may need long-term care or who are unable to work due to the injury.
In addition to providing legal services, a brain injury lawyer often serves as a support system for the client during the recovery process. They help alleviate the stress of dealing with the legal aspects of the case so the victim can focus on their healing.
Damages in a Brain Injury Case
If you do have a brain injury lawsuit, you may be able to seek compensation for:
- Medical expenses, including the medical costs you expect to incur in the future because of your injury.
- Past and future lost earnings and lost earnings capacity.
- Pain and suffering.
- Additional expenses related to your injuries.
In some cases, if the defendant’s actions were particularly egregious, punitive damages may be awarded as a form of punishment. In situations where you have lost a loved one due to someone’s actions, you may have a wrongful death suit and may be able to seek compensation for final medical costs, funeral and burial expenses, pain and suffering, financial loss, and more.
It may not be obvious whether you have a claim and how much your claim may be worth, which is why you will want to consult with Miami brain injury lawyers as soon as possible following your injury. Experienced lawyers can explain whether you have a case, the relative strength of your case, next steps you can take, and how much your injuries could end up costing. Armed with this knowledge, you’re in a strong position to make an informed decision about whether to file a claim.
What to Expect from a Brain Injury Lawsuit
The first step in the lawsuit process is typically meeting with a brain injury lawyer for an initial consultation. During this meeting, the lawyer will review the details of the injury, discuss how the injury occurred, and evaluate whether the case has merit. The lawyer will also explain the legal process, the potential outcomes, and what damages may be available. This is a crucial step, as it helps determine whether filing a lawsuit is the best course of action.
Once a client decides to pursue a lawsuit, the lawyer will begin a thorough investigation into the incident that caused the injury. The lawyer will also file a formal complaint (or petition) with the appropriate court, which details the claims against the defendant, the damages being sought, and the legal basis for the lawsuit. Once the lawsuit is filed, the defendant (and their legal team) will be served with a copy of the complaint and have an opportunity to respond.
The discovery phase is next. This is where both parties in a lawsuit exchange information and evidence relevant to the case. This may include written questions (interrogatories), requests for documents, and depositions (interviews under oath). Discovery allows both sides to assess the strength of the case and determine the likelihood of success at trial.
Before the case goes to trial, there are almost always opportunities for settlement negotiations, where both parties may reach a mutually agreeable amount of compensation. Settlement negotiations may involve mediation or direct talks between the attorneys. If a settlement is reached, the case will be resolved without going to trial. Settlements are often desirable as they can result in a faster resolution and avoid the uncertainty and expense of a trial.
If a fair settlement cannot be reached, the case will proceed to trial. The trial can last anywhere from several days to several weeks. During the trial, both sides present their evidence and witnesses, and the judge or jury will decide the outcome.
After the trial, the judge will issue a verdict, and if the plaintiff wins, they will be awarded damages. In some cases, either party may choose to appeal the decision if they believe there was an error in the trial’s proceedings or in the judgment. The appeals process can extend the timeline for receiving compensation.
Throughout the lawsuit process, it’s important to maintain close communication with your lawyer.
Obviously, this process is involved and having an experienced Miami brain injury lawyer by your side is important. Flaxman Law Group is a family-focused, boutique law firm with offices in Miami, Homestead, Hollywood, and Denver. Our father-son attorney team has experience on both sides of the aisle, having worked with insurance companies before working on behalf of clients. This gives our attorneys unique insight into the tactics insurance companies use.
Having an attorney with extensive trial experience is a critical factor in securing a successful outcome, especially in brain injury cases. Our legal team is not afraid to stand up to even large corporations and insurance companies, and we’re willing to take your case all the way to court to get you fair compensation. It’s how we have recovered close to one billion dollars on behalf of clients.
We are a bilingual law firm with a deep commitment to our clients. Our legal team is active in the community and we offer our clients our attorneys’ personal cell numbers, so you can always reach us when you need to.
If you’ve been injured and are ready to take action, reach out to Flaxman Law Group for a free consultation and discover how we may be able to fight for the justice you deserve.
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