The human brain is an immensely intricate and complex organ that even cutting-edge medical experts do not completely understand. Unfortunately, this means that traumatic accidents that result in traumatic brain injuries (TBIs) often have devastating and irreversible consequences, as there is not always a great deal that doctors can do to repair this sort of damage once it occurs.

The unique severity of TBIs can make filing suit against someone else for causing one a uniquely challenging process, especially if you try to pursue your claim without a seasoned catastrophic injury attorney on your side. Fortunately, you have help available from a Tampa traumatic brain injury lawyer at Perenich Law Injury Attorneys, who knows exactly how hard this type of injury can be on entire families and will work to get you every cent of the compensation you deserve.

What Is a Traumatic Brain Injury, and What Are the Leading Causes?

When someone’s brain sustains damage in an accident—such as an auto wreck, slip and fall, or medical malpractice—it falls under the umbrella of a traumatic brain injury. There are several types of TBIs—including closed versus open head wounds, concussions, and intracranial hematoma—all with different symptoms and recovery trajectories. A wide range of activities can cause someone to experience a traumatic injury to their brain, including the following:

  • A teenager accidentally discharges a firearm, and a stray bullet goes into their younger sibling’s skull
  • A basketball player gets knocked over onto the court and trampled by other players, hitting their head in the process
  • A child slips, falls, and hits their head on the concrete while enjoying a swimming pool play date at a friend’s house
  • A nursing home resident whose caretaker is neglecting them tries to walk to the bathroom alone, and they lose their footing and hit their head on a dresser

A closed TBI is where someone experiences harm to their cerebral tissue, but they do not have a visible wound, such as a concussion. For example, a car crash victim may hit their head on the door of their vehicle during the incident and experience a concussion. Outwardly, they may not have obvious signs—e.g., bleeding or fractures—so this would be a closed head injury. In contrast, an open traumatic brain injury occurs if an object breaks through the person’s head, causing damage to their delicate cerebral tissue.

Both open and closed head injuries may give rise to painful, limiting, and severe symptoms ranging from headaches and sensory disturbances to cognitive decline and deteriorating motor skills. For victims of traumatic brain injuries in Tampa, working with a capable attorney could be a lifeline, enabling them to access much-needed compensation to cover their costly medical treatments.

How Much Is a Traumatic Brain Injury Case Worth in Florida?

With lifetime healthcare costs that can soar from thousands to hundreds of thousands of dollars, getting a comprehensive settlement package is often a necessity for anyone with a traumatic brain injury. Receiving a fair damages award depends on several factors, such as:

  • How quickly the injured person files a claim
  • The strength of the legal case they have against the at-fault party
  • The severity of their condition

The specific amount an injured person receives can vary significantly from one case to another, and courts tend to calculate the total financial award based on each claimant’s unique circumstances.

Compensation available to a TBI victim may include:

  • Pain and suffering
  • Lost wages or earning capacity
  • The impact on the person’s quality of life
  • The cost of addressing urgent and ongoing medical concerns

Unfortunately, the insurance company may try to take advantage of a TBI victim by engaging in pressuring tactics to get them to sign away their rights by unknowingly accepting a sub-par settlement offer. Our knowledgeable lawyers in Tampa could scrutinize these agreements and demand the comprehensive compensation the injured individual deserves. Gaining access to these funds could greatly increase someone’s quality of life as they move through the recovery and rebuilding process.

What Losses Should Be Factored into a TBI Claim?

While anyone who suspects they suffered head, neck, or brain trauma in an accident should seek professional medical care as soon as possible afterward, it is worth mentioning that not every TBI will cause permanent and debilitating harm. At the same time, moderate to severe brain trauma can take hours or even days to produce noticeable symptoms, and by the time those symptoms manifest, it may be too late to avoid catastrophic harm.

If a brain injury has irreversible repercussions that will alter the course of the injured person’s life, any ensuing lawsuit or settlement demand should account for all the past and future effects of their injury. Depending on the circumstances, this could include but is certainly not limited to:

  • Physical discomfort and pain
  • Lost enjoyment/quality of life
  • Emotional and psychological suffering
  • Personal property damage from the accident itself, plus disability-related costs for things like home/vehicle modifications
  • Lost long-term working and earning capacity, as well as short-term income loss while recovering immediately after an accident
  • Costs of emergency medical care and expected future treatment needs—for example, rehabilitative therapy, assistive equipment like wheelchairs, and in-home care

A proactive Tampa TBI attorney could assist with identifying, assigning a fair value to, and proactively demanding fair compensation for every form of harm a specific injury will cause.

Navigating Around Possible Roadblocks to Recovery

Even though TBIs can be catastrophic injuries in both figurative and literal legal terms, all the restrictions that apply to personal injury plaintiffs in other types of cases also apply to people suing over brain damage. For example, Florida Statutes § 768.81 allows courts to reduce the total compensation available to a TBI victim in proportion to their share of total fault for their injuries. This is typically based on some sort of negligence by the plaintiff, which contributed to causing or unnecessarily worsening the accident. Additionally, under Fla. Stat. § 95.11, TBI victims have just two years to file suit after initially sustaining harm.

Guidance from a qualified lawyer could be essential to navigating around these and other obstacles when demanding compensation for a traumatic brain injury in Tampa.

Get in Touch With a Tampa Traumatic Brain Injury Attorney

Filing suit over a personal injury of any kind can be difficult on both legal and emotional levels, but taking legal action over a TBI can be even more challenging. Having support from experienced legal representation can make a difference not just in your odds of overall case success, but also in how much compensation you get from the person responsible.

We take our motto of “three brothers helping others” not as just a slogan, but as a promise to treat all our clients as family and always do what is best for them. Call today to learn how a Tampa traumatic brain injury lawyer from Perenich Law Injury Attorneys could help you.

Perenich Law injury Attorneys

Perenich Law injury Attorneys N/a
2511 West Columbus Dr.
FL 33607
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(813) 694-7940