Hallandale Beach Traumatic Brain Injury Lawyer
An experienced Hallandale Beach traumatic brain injury attorney who understands the complexities of TBI claims can help you and your family through this difficult time. Contact the skilled legal team at the Law Offices of Jared Spingarn at 1-866-HIRE-JARED for a free consultation to discuss the circumstances that led to your brain injury, determine your eligibility for compensation, and learn how we can help you seek the justice you deserve.
Traumatic brain injuries (TBIs) can be life-changing events that leave victims with permanent challenges. They vary from mild concussions to potentially fatal penetrating wounds. Some concussions heal completely, and victims make a full recovery, while others cause permanent brain damage. In the most severe cases, TBI victims might spend time in a coma or a permanent vegetative state if they survive the injury.
TBI victims and their families face a wide range of challenges after a brain injury. The emotional distress and economic burden that comes with a traumatic brain injury can be overwhelming and, for some, worse than the physical pain of the injury. If you have suffered a brain injury or a loved one has suffered a brain injury, Florida law permits you to file a personal injury claim if the TBI occurred from intentional harm or negligence.
The Law Offices of Jared Spingarn Advocates for Brain Injury Victims in Hallandale Beach
The skilled personal injury lawyers at the Law Offices of Jared Spingarn have extensive experience settling, negotiating, and litigating claims for those who have suffered injuries due to negligence, including traumatic brain injuries. The firm’s dedication to helping injured people seek justice is rooted in Jared Spingarn’s personal experience. He suffered serious injuries in a near-fatal accident during his teenage years, leading him to seek a career that allowed him to help others who have suffered injuries.
Jared Spingarn and his team have helped clients recover tens of millions in compensation for damages from settlements and jury awards. We cannot guarantee a financial outcome for your traumatic brain injury claim; each case has unique facts and circumstances that add to and detract from the value of the claim. However, the experienced team at the Law Offices of Jared Spingarn will diligently pursue the best outcome possible for your claim, giving you the best chances of receiving the maximum amount of compensation available for your case.
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According to the Centers for Disease Control and Prevention (CDC), a traumatic brain injury refers to a wide range of injuries that people can suffer after an indirect or direct trauma to the head. The trauma disrupts brain function, sometimes temporarily and sometimes permanently. Examples of TBIs include concussions from slip and fall accidents, car accidents and other events, and penetrating injuries from car accidents, industrial accidents, or gunshot wounds.
The CDC estimates more than 200,000 people get hospitalized each year for brain injuries, resulting in more than 50,000 deaths. After a bump on the head, some assume they will be okay in a few days and recover completely. This is true in many cases. However, seemingly mild injuries sometimes cause lifelong struggles. Additionally, untreated TBIs sometimes lead to death.
Many Situations Can Lead to a Traumatic Brain Injury
A TBI can occur anywhere at any time. However, some behaviors and events put people at higher risk for brain injury. According to the CDC, older adults are especially vulnerable to suffering traumatic brain injuries, and so are toddlers. Both of these groups struggle with walking, sometimes leading to dangerous slip and fall accidents. However, anyone can suffer a traumatic brain injury.
Examples of situations in Hallandale Beach and other places that could lead to a traumatic brain injury include:
- Motor vehicle accidents
- Motorcycle, bicycle, and scooter accidents
- Slip and fall accidents
- Swimming pool accidents
- Defective product injuries
- Playing full-contact sports
- Physical abuse
- Physical assault
According to the CDC, falls are the most common cause of TBI-related injuries, making up almost half of all TBI-related hospitalizations.
One of the best ways to prevent further damage after head trauma is to seek immediate medical attention. However, those who suffer moderate to severe traumatic brain injuries have already suffered damage and likely face long-term effects. Children are especially vulnerable to long-term complications from TBIs because their brains are not fully developed, and the injury can halt or slow development.
Examples of long-term effects that some people experience after suffering a brain injury include:
- Struggles with logical reasoning and remembering
- Numbness or loss of sensation
- Impaired vision, hearing, taste, and smell
- Difficulty with balance or vertigo
- Struggles with speaking, forming sounds, and making sentences
- Difficulty with understanding and expressing abstract ideas and feelings
- Personality changes—often increased anger and aggression
- Depression, anxiety, and other mental health struggles
- Difficulty with social appropriateness and impulse control
- Permanent vegetative state (PVS)
The CDC also reports that those who suffer a moderate to severe TBI have a life expectancy that is nine years shorter than average, even after receiving inpatient rehabilitation services.
People who suffer from TBIs are:
- 50 times more likely to die of a seizure.
- 11 times more likely to die of drug poisoning.
- Nine times more likely to die from an infection.
- Six times more likely to die from pneumonia.
Traumatic brain injuries are expensive to treat, especially when victims need lifelong treatment or care. Fortunately, Florida law permits those who suffer a TBI to take legal action if their injury occurred because of another party’s intentional harm or negligence. Although rare exceptions exist, victims of negligence who suffer a TBI have two years to file a lawsuit against the responsible party to seek compensation for damages.
The amount of compensation and the exact things a TBI victim receives money for depends on the facts of a claim, the severity of the brain injury, and the likelihood of a full recovery. Damages from settlements and jury awards are made up of economic and non-economic losses. Examples of damages that TBI victims receive for their injuries include:
Medical Treatment Costs
Traumatic brain injuries are among the most costly of all personal injuries, especially with regard to medical expenses. Those who don’t receive treatment at nearby Aventura Medical Center will incur more expenses with travel to and from Fort Lauderdale or Miami.
If you suffered a TBI, you might have received bills for:
- Ambulance rides
- Emergency room treatment
- Surgery and associated costs
- Diagnostic imaging such as MRIs, CT scans, and x-rays
- Lab tests
- Doctor visits
- Transportation costs to and from the doctor/hospital
Estimated Future Medical Treatment Costs. As explained above, a TBI sometimes requires indefinite, ongoing treatment. Some who suffer from a TBI need around-the-clock care for the rest of their life, drastically increasing the cost of future care and medical treatment. Some families can care for their injured loved ones at home, but many times those who suffer a severe TBI must receive in-home nursing care or reside at a long-term nursing care facility. Nursing homes are not covered by insurance unless someone has a separate policy, so costs for this type of care are often included in a personal injury claim.
Rehabilitation services are an essential and often expensive part of recovery for all TBI patients. The exact type of therapy or program depends on the kinds of loss a TBI victim suffers. Physical therapy can help patients recover lost body function in some cases. Occupational therapy helps TBI patients learn how to perform everyday tasks in light of any permanent disabilities. Speech and language therapists help TBI victims relearn how to communicate with others, and some TBI patients need mental health specialists to help them cope with the psychological trauma of their injuries.
Serious brain injuries typically require victims to take time off from work because of hospitalization and recovery. Those who suffer catastrophic brain injuries cannot return to their job or seek future employment. Lost wages and benefits make up a significant portion of many traumatic brain injury claims, especially when someone suffers a permanent injury and loses wages and benefits for life.
Home Modification Costs
Some TBI patients might need to move to a long-term care facility to get the care they need after permanent brain damage; others can return to their homes. Those who return home might have a health aide assist with care, or family members might provide needed care. Each situation is different, but sometimes TBI patients or their families need to make adjustments to the home so it’s more accessible.
The type and cost of changes vary, but some examples of home modification costs include:
- Installing grab bars in the shower or tub
- Installing handrails in the bathroom and other areas in the home
- Building a wheelchair ramp
- Installing special alarms, doors, or locks
- Building an addition or remodeling the main floor for TBI patients who struggle with mobility and cannot use stairs
Costs for Replacement Services. A TBI leaves some unable to perform some or all of the household tasks they performed before their injury. Families sometimes fill this gap, but other times victims or families need to hire outside help to replace the loss.
Examples of people or services a household might need after a TBI injury include:
- Lawn care service
- Exterior maintenance person or handyman
- Pool maintenance person
- Cleaning and laundry service
- Grocery or meal delivery
- Cook or chef
- Nanny or after school childcare
- Tutor for school-aged children
- Personal assistant for errands
TBI victims who suffer severe brain damage that greatly impacts their lives often receive compensation for non-economic damages. These damages, which are not easily quantifiable, include compensation for pain and suffering, mental anguish, decreased quality of life, loss of consortium, and others that might apply to a particular case.
Sometimes traumatic brain injury victims receive punitive damages as part of the compensation for their injury. Punitive damages serve to punish the defendant for the behavior that led to another’s injuries and deter them from the same or similar behavior in the future. However, Florida courts reserve punitive damages for rare cases. TBI victims must have suffered an injury because of intentional harm or extraordinary negligence to have a chance for the court to award them. Your Hallandale Beach traumatic brain injury lawyer can review your case to see if it warrants suing for punitive damages.
Some who suffer from a TBI do not survive, leading to a tragic and sudden loss for surviving family members. Under Florida law, eligible family members have the legal right to bring a wrongful death lawsuit against the party responsible for the TBI. Family members can receive some types of compensation discussed above, compensation for damage to their relationship with the deceased and compensation for funeral and burial expenses. TBI wrongful death claims are notoriously complex because they involve the estate of the deceased. It’s best to consult with an experienced lawyer who can evaluate the facts of your claim and advise you on the best course of action for you and your family during this difficult time.
If you or someone you love has suffered a brain injury, let the skilled legal team at the Law Offices of Jared Spingarn handle the finer details of your case while you focus on healing and recovery. An experienced Hallandale Beach traumatic brain injury attorney can guide you through the legal process, investigate the event that led to your TBI, and fight for the maximum compensation possible for your case. Contact us today online or at (866) HIRE-JARED for a free consultation to discuss the details of your traumatic brain injury and to learn more about how we can help.
“What a great team. Took care of my accident case and got me a very great settlement. Thank you so much to the team for their great efforts and always being transparent with all the information they provided. Highly recommend they will take care of you like family.”
800 SE 4th Avenue, Suite 806
Hallandale Beach, FL 33009