Know the Most Common Causes and Types and What You Can Do About It
A brain injury can lead to severe disability, emotional distress, temporary or permanent reduced employability, and extensive medical and rehabilitation costs. Depending on the cause and extent of your brain injury, you may be entitled to compensation.
Learn more about brain injury causes and types and how a personal injury lawyer can help you protect your rights.
Common Types and Causes of Brain Injuries
Brain injuries usually belong to one of the following types:
Concussion: Concussion is a traumatic brain injury resulting from a jolt or any sudden impact that causes the brain to bump against the skull. Concussions may lead to headaches, memory loss, disorientation, and other neurological symptoms.
Brain contusion: Brain contusion involves bruising of the brain tissue, typically from a direct, powerful blow. Brain contusion may cause cerebral hemorrhage and lead to a host of symptoms such as headaches, fatigue, dizziness, and memory problems.
Penetrating brain injury: A penetrating brain injury occurs when an object pierces the skull and makes contact with the brain. This type of severe brain injury often occurs when a person’s skull cracks during slip-and-fall or motor vehicle accidents.
Anoxic brain injury: An anoxic brain injury may occur when the brain receives insufficient oxygen for proper function. Common causes of anoxic brain injury include blood clots, strokes, and heart attacks, as well as events such as choking, suffocation, drowning, and carbon monoxide poisoning.
Brain injuries may lead to wrongful death and serious long-term consequences, including ongoing physical, emotional, and cognitive symptoms such as sleep difficulties, personality changes, and other disorders that may significantly impact one’s quality of life.
Am I Entitled to Compensation?
In many cases, a brain injury results from the actions or lack of proper precautions by another party. Common examples include:
· Head trauma in a car accident that occurs because of negligence, speeding, ignoring road signs or using a mobile phone while driving
· Constructions accidents that happen when contractors don’t comply with OSHA safety regulations
· Slip-and-fall accidents due to improper upkeep or lack of warning signs in shopping malls, schools, or medical facilities
· Medical malpractice during surgery or another medical procedure that results in brain hypoxia
If you believe that your injury was preventable and has occurred because of someone else’s actions, you may expect to recover compensatory damages.
How Much Can I Expect to Receive in Compensatory Damages?
In personal injury cases, damages are supposed to reimburse the victim for losses they may have sustained following the injury. The amount of damages is difficult to predict and will differ from case to case. Often, when awarding compensatory damages, the court will aim to cover:
· Medical costs, including emergency treatment, hospitalization, rehabilitation programs, and forecasted future medical expenses
· Loss of income, including missed days at work, loss of wages, and short- and long-term unemployability
· Loss of property, such as a damaged vehicle
· Loss of enjoyment, including any reduction in the victim’s quality of life after an accident
· Pain and suffering, including short-term and chronic physical pain, mood disorders, insomnia, and PTSD
What to Do After a Brain Injury
A brain injury may leave you in a state of pain, confusion, and disorientation. However, if possible, you should take a few steps to help protect your legal rights and increase your chances of recovering a claim.
1. Gather all relevant evidence, including photos, videos, and medical documentation.
2. Obtain the names and contact information of any involved parties and witnesses.
3. Avoid signing any agreements or settlements before consulting a personal injury attorney.
When should I file a claim?
Generally, you will want to file a claim as soon as possible following your brain injury. According to the Florida statute of limitations, personal injury victims must file a claim within four years of the injury.
Additionally, personal injury lawyers recommend gathering any relevant evidence, documentation, and expert witness statements immediately after an injury for a stronger case.
Josh Jones Law, P.A.: Personal Injury Lawyer in Miami, FL
Were you injured? Are you suffering from severe long-term consequences such as physical pain, emotional suffering, lower quality of life, medical expenses, or reduced employability?
After a traumatic injury, you need a committed, experienced accident attorney to represent your case. At Josh Jones Law, P.A., you will receive reliable legal counsel with a personable, client-centered approach.
You may not be aware that most personal injury lawyers, like Josh Jones Law, P.A. operate on what’s known as a contingency fee basis. A contingency fee means that you will never need to pay any fees to your lawyer upfront. We only collect fees if and when we win your case, and the fees will come out of that compensation.
Josh Jones Law, P.A. takes pride in our community-oriented practice and the long-term relationships we have built with our clients from Fort Lauderdale, Lauderhill, Hollywood, Miramar, North Miami, Miami Gardens, Miami, and Homestead areas. Our mission is to help people, especially from underserved communities, understand and fight for their rights. To learn more, download Your Free Personal Injury Toolkit.
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Disclaimer: The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.