Florida Brain Injury Lawyer Answers 10 Common Questions about Brain Injury

Brain injury claims are a special type of personal injury case. Recovering compensation for brain injury victims requires a deep understanding of the multiple ways a traumatic brain injury (or “TBI”) can affect their quality of life. Given the challenges of this type of injury, not every personal injury lawyer is qualified to help brain injury victims get the full, fair compensation they deserve.

As one of Florida’s premier brain injury law firms, we get lots of questions on the subject of traumatic brain injuries. Below, you will find answers to 10 of our most common questions.

Do you have a question for one of our brain injury lawyers? Let us know!

1. What kind of cases do brain injury lawyers handle?

As described above, TBIs can happen in a variety of ways. For this reason, brain injury lawyers may also practice in other fields of law. Depending on the circumstances of a brain injury case, one may consult car accident lawyers, motorcycle accident lawyers, truck accident lawyers, slip-and-fall lawyers, or even medical malpractice and birth injury lawyers

2. What does a traumatic brain injury lawyer do?

The Tampa-based brain injury lawyers at MattLaw understand the unique legal system landscape of Florida, which will allow seamless navigation of local procedures, judges, and courts. Your attorney will meet with you to review the circumstances of your situation, conduct a comprehensive evaluation of your claim, gather relevant evidence, and assess potential compensation for your case. Your lawyer will handle all the aspects of filing your claim, submitting paperwork, meeting deadlines, and representing you in court if the case is not settled. 

Your experienced brain injury attorney will also negotiate with negligent parties to make the maximum possible financial settlement, so you don’t have to go to court. In addition, they will work directly with healthcare and insurance providers to get you the medical care and compensation that you deserve so you can focus on your healing process.

At MattLaw, the majority of brain injury lawsuits are handled by our personal injury attorneys on a contingency basis. This means that you do not pay any money unless we win a financial settlement on your behalf.

3. How can I find a reputable traumatic brain injury lawyer near me?

To find the most experienced and reputable traumatic brain injury lawyers in the Tampa area, call us now at 813-222-2222 for a free consultation. 

4. What are the differences in symptoms between a traumatic brain injury (TBI) and a non-traumatic brain injury (nTBI)?

A TBI may be categorized as mild (like a concussion), moderate, or severe. Multiple brain injuries over time, even mild ones,  According to the National Institutes of Health’s National Institute of Neurological Disorders and Stroke, common symptoms of a TBI include:

  • Loss of consciousness
  • Confusion
  • Memory loss or impairment
  • Depression or anxiety
  • Mood swings, irritability, or frustration
  • Headache
  • Dizziness or vertigo 
  • Double or blurred vision
  • Different eye pupil sizes or dilation
  • Sensitivity of light or sound
  • Hearing problems
  • Bad taste in the mouth
  • Nausea or vomiting
  • Drowsiness or fatigue
  • Insomnia or disturbed sleep
  • Seizures
  • Slurred speech or difficulty with language
  • Muscle weakness
  • Loss of balance or motor skills
  • Fluids coming out of ears or nose

According to Brooks Rehabilitation, common symptoms of non-traumatic TBI (nTBI) are similar to those of TBI, including:

  • Paralysis (especially on one side of the body in the case of stroke)
  • Loss of or change in consciousness
  • Confusion
  • Memory loss or impairment
  • Depression or anxiety
  • Mood swings, irritability, or frustration
  • Headache
  • Sensitivity of light or sound
  • Pain sensitivity
  • Drowsiness or fatigue
  • Insomnia or disturbed sleep
  • Seizures
  • Slurred speech or difficulty with language
  • Muscle weakness
  • Loss of balance or motor skill

5. What should I do if I’m experiencing symptoms of a TBI?

If you have any of the symptoms mentioned above after an accident, CALL 911 and seek immediate medical attention immediately. The earlier the intervention by healthcare professionals, the more likely they will be able to effectively treat your condition, limit the impacts of the brain injury, and improve your long-term prognosis—every minute counts!

If your condition continues to worsen after you are discharged from receiving medical treatment for a brain injury, immediately return to the same emergency room. The same medical team will know the details of your case and will be better prepared to treat you. Do not put off treatment or wait for a doctor’s appointment.

Even if symptoms are mild, you should seek medical care after a head injury. Some brain injuries have little to no symptoms at first, but brain scans like an MRI in the hospital can indicate damage to neural tissue. Symptoms may not manifest until the injury has progressed further, at which time irreversible damage may become worse and medical intervention less successful.

6. How do I know if I have a brain injury?

Whether it is a traumatic brain injury (TBI) or non-traumatic brain injury (nTBI), the brain is impaired from normal function. Each brain injury is unique in its array of symptoms and severity, depending on the parts of the brain that are involved and how they’re impacted. The symptoms can be cognitive, emotional, sensory, or physical.

Read More Traumatic Brain Injury Symptoms

7. How do I know if I need a Florida brain injury lawyer?

If you have a brain injury, you may be entitled to compensation if your brain injury was the result of someone else’s negligence. A Florida brain injury lawyer will be able to evaluate your claim and advise you on the best course of action.

A brain injury can come out of nowhere: in a car, on a motorcycle, or even through a slip-and-fall accident. Another all-too-common type of brain injury occurs through violent crimes like assault. Perhaps you or a loved one experienced neurological problems after receiving healthcare or a medical procedure. Or you played a contact sport where you had single or repeated injuries to the head. 

No matter the accident or event, if someone else was responsible for or negligent leading to your injury, you may have legal grounds for a brain injury case.

Slip-and-fall accidents are the top cause of TBI, representing 35.2% of cases. The second most common cause of TBI is motor vehicle accidents (17.3%), which are responsible for 31.8% of brain injury-related deaths. Other causes of brain injury include chemical exposure to carbon monoxide or neurotoxins, oxygen deprivation prior to or during childbirth, open head injuries or skull fractures, or closed head injuries from sudden movement or shaking. 

8. Is a stroke considered a traumatic brain injury?

A stroke is a non-traumatic brain injury, not a traumatic brain injury. There are two types of brain injuries that occur after birth: traumatic and non-traumatic. A traumatic brain injury (TBI) is caused by a head injury resulting from external force: a blow to the head, automobile accident, sports injury, etc. 

By contrast, a non-traumatic brain injury (nTBI) happens when an internal medical cause such as a stroke, aneurysm, tumor, infectious disease, or lack of oxygen supply to the brain.

Approximately 800,000 people will have a stroke every year. A stroke causes damage to the brain tissue by either a blood clot blocking blood vessels and cutting off blood supply, and hence oxygen, to the brain (ischemic stroke) or by blood flooding the brain (hemorrhagic stroke). Strokes can cause serious damage to brain cells and should be treated as a medical emergency. The sooner an injury to the brain is treated, the better the potential outcomes and quality of life for the patient.

9. Can I sue my doctor if I had a stroke?

If your stroke was caused or worsened by medical negligence, you may be able to successfully pursue compensation through a lawsuit. A stroke can irreversibly change the life of the victim and their family, affecting their ability to physically and mentally function, work, and live as they did before. 

Strokes are among the most costly medical conditions, with an average cost per person in the U.S. of $148,048 for inpatient medical treatment, rehabilitation, and long-term follow-up care. In 2018-2019, strokes cost the U.S. $56.5 billion in medical treatment and missed days of work. 

Strokes are the second most common cause of death globally and a leading cause of disability. In the immediate and long term, a stroke may lead to impairment of a range of bodily functions: cognition, memory, physical movement, sensation, and information processing. If someone you love died from a stroke that was misdiagnosed or mistreated, you may be able to file a wrongful death lawsuit.

Read More from the Center for Disease Control and Prevention: Signs and Symptoms of Stroke

10. Why is it so crucial to hire the best brain injury lawyer?

A brain injury can be a life-altering experience. In order to seek compensation for your brain injury, pain and suffering, healthcare costs, and loss of income, you need to find the best and most experienced brain injury lawyer to represent you. Brain injury cases brought by attorneys generally settle for more money than those without legal representation. Furthermore, experienced lawyers with a reputation for going to trial often motivate the defense attorney to seek higher financial settlements out of court, as they are averse to the risk of trial.

Brain injuries can be physically and emotionally overwhelming, with challenging near- and long-term prognosis and rehabilitation. An experienced brain injury lawyer can focus on the details and process of your claim so that you can pay attention to your healing and recovery. Your attorney will fight on your behalf against the person, company, or group responsible and seek justice for your injury. 

While no money can repair the harm caused to you by your brain injury, you will be relieved of financial and logistical burdens and freed up to resume your life.

Call MattLaw for a free consultation with an experienced brain injury attorney at 813-222-2222.

Matt Powell

About Matt

Matt Powell is a Board Certified Civil Trial Lawyer by the Florida Bar who represents injured victims and their families. He is an experienced personal injury trial attorney who has been practicing since 1989 in Tampa, Florida. If you have any questions, feel free to call him at 813-222-2222 today.

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