Head & Brain Injury
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At The Walker Law Group, our experienced head & brain injury attorneys understand the impact that traumatic head injuries can have on accident victims and their families. A head or brain injury can take away almost everything. Victims may find that they must relearn the things that once came easily, while their families struggle to cope with the loss of people that they used to know.
If someone you love has experienced a head or brain injury, a little help from our Florida brain injury lawyers can make things easier. We can help you hold wrongdoers accountable for their actions. We will work tirelessly to help you and your loved ones get the financial resources you need for ongoing care and medical bills.
Common Symptoms of Mild Traumatic Brain Injury (mTBI):
- Loss of consciousness for a few seconds to a few minutes
- Memory or concentration problems
- Headache
- Dizziness or loss of balance
- Nausea or vomiting
- Sensory problems, such as blurred vision, ringing in the ears, or a bad taste in the mouth
- Mood changes or mood swings
Choosing the Right Approach for Your Needs
At The Walker Law Group, our attorneys are dedicated to helping you achieve the best possible results in personal injury litigation. When we take your brain injury case, we use our years of experience and in-depth knowledge of the law to develop effective trial strategies. Sometimes this means pursuing the matter relentlessly in the courtroom. Other times, it means negotiating a favorable settlement without going to trial. No matter which strategy is best for you, the final decision will always be yours, and we will be there to guide you.
Compensation for Head Injury Claims
If your head injury claim is successful, you may receive compensation for several types of damages, including:
- Medical Expenses (everything from initial treatment to long-term care and rehabilitation)
- Lost Wages
- Pain and Suffering: (Physical pain, emotional distress, and the impact on your quality of life)
- Future Damages: (If your injury results in long-term disabilities, future medical expenses and lost earnings may be included)
Legal Basis for Head Injury Claims
But to succeed in a head trauma claim, you must establish that another party’s negligence was the direct cause of your injury. Here are the four critical points:
1. Duty of Care
The first element in any head injury claim is proving that the responsible party owed you a duty of care. For example, drivers have a duty to follow traffic laws and drive safely, and property owners must ensure their premises are safe for visitors. In the context of a head injury, show that the defendant had a responsibility to prevent harm, which is foundational to any claim.
2. Breach of Duty
Once a duty of care is established, you must show that the defendant breached this duty. A breach occurs when the responsible party fails to act in a reasonable manner. For instance, a driver texting while driving breaches their duty to pay attention to the road. Similarly, if a store fails to clean up a spilled substance and someone falls, this breach of the duty to maintain a safe environment can lead to liability. Gather evidence showing how the defendant’s actions or negligence led directly to your injury.
3. Causation
You must prove that the defendant’s actions (or lack thereof) directly caused your injury. Collecting evidence, including expert testimony from medical professionals, will help establish this link.
4. Damages
Finally, you must show that you suffered damages due to your head injury. This could include physical injuries, emotional trauma, medical bills, lost wages, and pain and suffering. Without damages, a head injury claim cannot proceed, as the court cannot provide compensation without proof that the injury has caused significant harm.
That's why you need to document all medical records and financial losses to ensure you pursue the appropriate compensation for your losses. Gathering a comprehensive record of your medical treatments, expenses, and any lost wages will provide a solid foundation for your claim. Moreover, having this detailed evidence makes it easier for your attorney to present a compelling case to the court or insurance company. Accurately documenting these aspects will help you navigate the legal process and ensure that you don't miss out on crucial compensation.
Lasting Damages of a Head Injury
Cognitive and Memory Impairments
Traumatic brain injuries (TBI) and concussions can lead to lasting cognitive issues. Individuals may have trouble with memory, concentration, decision-making, and even basic functions like speaking or processing information. These impairments may significantly reduce a person’s quality of life, especially if they affect work or personal relationships.
Physical Disabilities
Some head injuries lead to ongoing physical disabilities, such as difficulty walking, motor impairments, or paralysis. These injuries can limit mobility and independence, requiring long-term care or rehabilitation. For many, physical disabilities resulting from a head injury may be permanent, impacting everyday activities and reducing the ability to work.
Emotional and Psychological Effects
Anxiety, depression, and personality changes are common in those who suffer from significant head injuries. These emotional damages often complicate recovery, as the injured person may struggle with mental health issues while dealing with physical limitations. Seeking therapy or counseling can be a necessary step to address these emotional damages—which can also be compensated.
Impact on Work and Quality of Life
A severe head injury can drastically change someone's behavior and abilities. Loss of income from the inability to perform daily work tasks can have significant financial consequences. The inability to engage in previous hobbies or social activities also diminishes one’s quality of life, and in severe cases, people may no longer be able to live independently.
A Track Record of Success
At our law firm, we combine trial experience with good judgment and understanding. This approach has helped us achieve a history of favorable results, including membership in the Million Dollar Advocates Forum and a designation as Super Lawyers by Florida Super Lawyers Magazine. With experience in serious injuries like jaw, neck, spine, and paralysis-related complications, we are ready to put our experience to work for you.
Call us at 727-865-5724 or schedule online now to set up a free consultation with an experienced accident attorney.