Brain Injury Accidents

Cohen & Juda, P.A. will represent you personally after a brain injury accident in South Florida, as we pursue fair and appropriate compensation

Did You Suffer a Brain Injury Accident in South Florida?

Traumatic head and brain injuries are serious head injuries often leading to severe and permanent brain damage. According to the University of Florida Health, every year in the United States 1.4 million people experience a traumatic brain injury (TBI). Of these, approximately 50,000 pass away, 235,000 are hospitalized, and 1.1 million are treated and released in an emergency room.

For the affected individual, a brain injury has potential long-term effects such as memory loss and personality changes. It can also include symptoms such as partial paralysis, double vision, difficulty concentrating, sensory loss of sight, speech or hearing, impacting everything from mobility and trouble sleeping to the ability to engage in the activities of daily living.
Whether you have suffered a mild TBI or a moderate-to-severe TBI due to someone else’s negligence, trust the personal injury attorneys at Cohen & Juda, P.A., to represent you personally, drawing upon over 30 years of experience representing individuals who have sustained brain injuries. Let us help you pursue damages for your ensuing medical care, loss of income and future earning potential, and other quality of life consequences. Contact us today to schedule your free consultation.

Key Takeaways Regarding Brain Injury Accident Cases in South Florida

  • Classifications of TBIs — whether a mild traumatic brain injury or a moderate-to-severe brain injury, a TBI affects how the brain works and disrupts a victim’s life and ability to function.
  • Magnetic Resonance Imaging (MRI) and Computerized Tomography (CT Scan) — are two diagnostic tools used to diagnose the extent of a TBI, whether a mild TBI, a moderate TBI, or a severe or life-threatening TBI.
  • Open Head Injury vs. Closed Head Injury — an open head injury occurs when an object, such as debris from a car accident, penetrates the skull and impacts the brain. A closed head injury can be a “silent killer” because symptoms may show up immediately or take hours, days, or longer to appear.
  • Causes of TBIs — a TBI can be caused by everything from a car crash to a football injury to an improperly maintained walkway.

Regardless of whether you suffer moderate or more severe injury
if someone else’s negligence caused your TBI, consult a South Florida personal injury attorney right away, to assess the details of your cause and pursue appropriate compensation.

What Is a Traumatic Brain Injury?

The CDC defines a traumatic brain injury as a disruption in the normal function of the brain caused by a lack of oxygen to the brain, a bump, jolt or blow to the head (common in sports injuries), or penetrating head injuries like gunshot wounds. A hypoxic or anoxic brain injury occurs due to lack of oxygen. There are numerous types of brain injuries, including:

  • A Concussion Injury — a TBI caused by a blow to the head, leading to temporary cognitive impairment.
  • A Diffuse Axonal Injury — a TBI characterized by widespread damage to the brain’s axons, due to rapid acceleration or deceleration forces.
  • A Penetration Brain Injury — occurs when an object pierces the skull and enters the brain, causing localized damage and potential complications.
  • A Hypoxic/Anoxic Brain Injury — damage to the brain due to a lack of oxygen, leading to cognitive impairments and neurological deficits.
  • A Coup-Contrecoup Injury — a TBI in which the brain is injured at the site of impact (coup) and on the opposite side, due to rebound effect (contrecoup), causing double impact damage.

What Is Primary and Secondary Brain Injury?

Primary brain injury refers to sudden and profound injury to the brain considered to be more or less complete at the time of impact; for example, after a car accident, gunshot wound, or fall. Secondary brain injury pertains to changes evolving over a period of hours to an emergency requiring surgery.

However, circumstances arise when a patient does not require surgery. Instead, nurses and physicians can safely monitor them in the neuroscience intensive care unit (NSICU). Treatment goals in these cases are to resuscitate and support the critically ill patient, minimize secondary brain injury and complications, and facilitate the patient’s transition to a recovery environment. Despite significant research, doctors only have measures to control brain swelling, but do not have a way to eliminate swelling from occurring.

How Do Healthcare Providers Diagnose a Traumatic Brain Injury?

Healthcare practitioners use several diagnostic tools to diagnose and evaluate a head injury, including:

  • Diagnostic Imaging: Healthcare providers use diagnostic imaging tests such as a CT scan (computerized tomography) or MRI (magnetic resonance imaging) to assess the severity of a TBI. These images identify hematomas (clotted blood) and evaluate damaged or dead brain tissue, providing crucial insights for treatment decisions.
  • Neurological Examination: A thorough medical exam, including a neurological assessment, is an essential step in diagnosing TBI. This evaluation aids healthcare providers in understanding the severity of the injury and its impact on cognitive and motor function.
  • Glasgow Coma Scale: Practitioners often utilize the Glasgow Coma Scale to gauge the status of individuals with suspected TBI, immediately after the injury and throughout the initial assessment period. This scale provides valuable information about the level of consciousness and helps in determining the severity of the injury.

These methods play a critical role in the accurate diagnosis and assessment of traumatic brain injuries, enabling healthcare providers to deliver appropriate and timely interventions.

Classification of Traumatic Brain Injuries

The different types of traumatic brain injuries encompass a range of conditions, each with its characteristics and implications. Understanding these types is crucial for accurate diagnosis and effective treatment.

  1. Closed Brain Injury: This type occurs when there is a nonpenetrating injury to the brain without any break in the skull. It can occur due to events such as falls or blunt trauma to the head.
  2. Penetrating TBI (Open TBI): Penetrating TBIs involve an object piercing the skull and entering the brain. This type of injury typically occurs due to gunshot wounds or sharp object impacts.
  3. Concussion: Concussions are a form of mild TBI caused by a bump, blow, or jolt to the head. While considered mild, the effects of a concussion can be serious and may require medical attention.
  4. Contusions: These are bruises on the brain that occur after a direct impact to the head. Contusions can lead to localized swelling and bleeding within the brain tissue.
  5. Brain Hemorrhages: Hemorrhages refer to bleeding within the brain, which can be caused by trauma or other medical conditions. Intracranial bleeding can lead to pressure buildup within the skull, potentially causing further damage.
  6. Intracranial Hematomas: This type involves a collection of blood outside the brain or within its tissues, often caused by traumatic head injuries. The pressure from hematomas can lead to serious complications.
  7. Coup-Contrecoup Brain Injury: This injury occurs when the brain sustains damage at the point of impact (coup) and at the opposite side of the brain (contrecoup) due to the forceful back-and-forth movement within the skull.
  8. Primary and Secondary Injury: TBIs may be divided into primary injury, induced by the initial mechanical force, and secondary injury, which develops following the primary injury and can exacerbate damage to the brain.

Understanding these various classifications of traumatic brain injuries is essential for healthcare providers and individuals, as it aids in improving recognition, diagnosis, and appropriate management of these complex conditions.

Traumatic Brain Injury Symptoms

A traumatic brain injury can have short-term or long-term brain damage and complications. Common traumatic brain injury symptoms include:

  • Headaches: Persistent or worsening headaches are common symptoms of traumatic brain injury, TBI. These headaches can occur immediately after the injury and may persist over time.
  • Memory Problems: A traumatic brain injury can lead to difficulties with short-term and long-term memory. Individuals may struggle to remember recent events or retain new information.
  • Emotional Changes: Emotional symptoms such as sadness, frustration, and changes in mood can manifest due to a traumatic brain injury. These emotional changes may impact social interactions and daily functioning.
  • Physical Symptoms: Physical symptoms like dizziness, confusion, fatigue, and balance issues are prevalent in individuals with TBI. These symptoms can occur immediately after the injury and may resolve gradually over time.
  • Sensory Changes: Changes in sensory perception, such as blurred vision, hearing problems, difficulty speaking, and alterations in taste or smell, are also associated with traumatic brain injury. These sensory changes can significantly impact an individual’s quality of life.
  • Cognitive Difficulties/Impairment: A TBI can lead to cognitive impairments, including difficulties in thinking, reasoning, and problem-solving. These cognitive changes can affect an individual’s ability to perform daily tasks effectively.
  • Motor Function Challenges: Paralysis, weakness, spasticity (muscle tightness), and poor balance are potential motor function challenges that may arise from a traumatic brain injury. These symptoms can affect movement and physical coordination.

Common Causes of Traumatic Brain Injury In South Florida

  • Car Accidents: With its congestion and high traffic density, TBIs caused by car  accidents remain prevalent in South Florida. Factors like distracted driving, speeding, and reckless behavior can play into a car accident, where a moment’s distraction leads to life-altering consequences. Penetrating injuries or open head injuries happen when glass and other objects penetrate the skull during a collision.
  • All Terrain Vehicle Accidents: Motor vehicle accidents involving all terrain vehicles (ATVs) can lead to severe TBIs.
  • Slip and Fall Accidents: These accidents often occur due to uneven surfaces, poorly maintained walkways, or inadequate lighting, causing a range of damage from a mild TBI to a moderate or severe TBI, depending on the extent of the hazard and ensuing accident. From shopping malls to public parks, these accidents can occur anywhere, emphasizing the need for vigilance in everyday settings.
  • Medical Malpractice: In the practice of medicine, mistakes can have dire outcomes. South Florida is not immune to instances of medical malpractice leading to brain function injuries like severe TBIs. Errors in diagnosis, treatment procedures, or improper medication management highlight critical areas where patient safety must be prioritized.
  • Sports Activities: Head trauma often occurs when individuals engage in contact sports like football, where the range of head trauma can include everything from mild concussion to a moderate or severe TBI.
  • Assault: Tragically, violent acts also contribute to the incidence of brain damage in the area. Assaults, whether involving blows to the head or other forms of physical harm, can lead to severe and lasting brain damage.
  • Electric Shock: Electric shock injuries, such as the one suffered by our client, leading to our successful $4.8 million jury verdict against FPL can cause a severe injury to the brain.
  • Birth Injuries: Although the majority of South Florida medical professionals hold themselves to a high standard, they can make mistakes during birth that lead to a mild injury (which is still a serious injury), closed head injuries, nerve damage, and other adverse consequences.
  • Child Abuse: Sadly, the violent shaking of a child in a fit of anger can lead to shaken baby syndrome, a condition characterized by the tearing of brain tissue and blood vessels.

If you have been involved in an accident that led to a TBI, consult a lawyer to discuss your legal options. You may be able to bring a claim against the driver of a motor vehicle, the owner of a property where a dangerous condition existed, a healthcare provider, a sports coach, or another party.

Older Adults and Brain Injury

Older adults are at higher risk of hospitalization and TBI-related deaths compared to younger age groups. However, healthcare practitioners often overlook or misdiagnose TBIs in seniors because the symptoms overlap with conditions like dementia that cause the gradual loss of brain functions.

Healthcare practitioners must pay attention if an older adult:

  • Has fallen or suffered a fall-related injury, such as a hip fracture
  • Was involved in a car accident

These concerns are particularly crucial for older adults on blood thinners like warfarin, rivaroxaban, and clopidogrel. These medications can increase the chances of brain bleeding after a TBI, potentially leading to more severe outcomes or even death. Stay informed and stay safe!

What to Do Following a Head Injury in South Florida

It doesn’t matter if it’s a severe head injury or not: if you or someone you know sustains a potential injury to the brain due to someone else’s negligence, you need to act immediately:

  1. Seek Immediate Medical Attention: First, seek medical treatment. Early diagnosis and treatment are key in reducing the long-term impact of a brain injury.
  2. Document Everything: Keep a detailed record of all aspects related to the injury — including the date, time, location, circumstances of the incident, medical reports, and any medical expenses incurred.
  3. Gather Evidence: If possible, collect witness statements, photographs of the scene, and any other evidence that can support your case. This information can be vital in establishing the details of the incident.
  4. Consult a Florida Brain Injury Lawyer: Legal skill and experience is essential in such situations. A Florida brain injury lawyer can provide invaluable guidance, protect your rights, and advocate for compensation for your injuries. They can handle the complexities of legal proceedings, allowing you to focus on recovery.

Brain injuries can be severe and life-altering events that can lead to significant financial, emotional, and physical hardships for victims and their families. Knowing the types and causes of brain injuries in South Florida and understanding your legal options can help you protect your rights and seek compensation for your injuries. At the same time, taking preventive measures to avoid brain injuries helps to promote safety and peace of mind.

The Importance of Rehabilitative Medical Care for a Traumatic Brain Injury

Whether a mild traumatic brain injury, a moderate traumatic brain injury, or a severe traumatic brain injury, the affected individual must seek immediate medical attention and ongoing care to facilitate maximum medical recovery and a chance to resume normal activities.

The initial symptoms of a traumatic brain injury depend on many different factors, including the severity of the injury and the specific part of the brain affected. Generally, common symptoms include:

  • Headaches
  • Nausea
  • Slurred speech
  • Short-term memory problems
  • Loss of consciousness
  • Other unusual behavior

Even after the initial symptoms start to fade, the impact of the injury remains. The CDC has often referred to TBIs as “hidden disabilities” because so many of the effects of a brain injury are difficult to detect.

Legal Recourse for Brain Injuries

For victims of brain injuries and their families, understanding legal rights is critical in the aftermath of such a traumatizing incident. When someone’s else’s negligence causes a brain injury, the injured party has a right to seek fair and appropriate compensation.

Negligence in legal terms means holding a person or organization accountable for harm caused by their careless actions. Brain injury cases require the following elements to establish a negligence claim:

  • Duty of Care: This means that the responsible party had an obligation to avoid causing harm. For example, all drivers are expected to drive safely to prevent accidents.
  • Breach of Duty: This occurs when the responsible party fails to meet their obligation. An example is a driver who is distracted by texting while driving.
    Causation: This element connects the irresponsible action directly to the injury. If a distracted driver causes an accident that leads to a brain injury, this condition is met.
  • Damages: The final element involves showing that the victim suffered losses due to the injury. These can include medical expenses, lost wages, and compensation for pain and suffering.

Given the complexities involved, seeking guidance from an experienced personal injury lawyer is in your best interests. They can help navigate the legal system, gather necessary evidence, comply with the statute of limitations and fully protect your rights. At Cohen & Juda, P.A., we can also direct you to experienced medical facilities that specialize in treating TBI.

Traumatic Brain Injury — TBI Settlements Must Account for Ongoing Care and Rehabilitative Costs

Catastrophic injury claims—including a traumatic brain injury, severe concussion, and a spinal cord injury—are complex. Often, injured victims require ongoing medical attention from a healthcare provider and rehabilitative support from a head injury rehabilitation team. Such specialized, high-quality rehabilitative medical support following a traumatic event leading to a moderate-to-severe TBI is expensive.

Therefore, a brain injury settlement must account for all costs, including long-term medical care, physical therapy, speech therapy, and psychological counseling. Beyond that, a brain injury settlement should also cover other long-term damages, including lost wages and the loss of earning capacity. Properly documenting damages is central to a successful brain injury claim. Large corporations and insurance companies will take advantage of any excuse to reduce the value of a settlement offer.

Don’t Waste Time With Anyone Else. Call Us First, And We Will Help You Seek Fair And Just Compensation.

How Can a South Florida Brain Injury Attorney Hold the Party Responsible for My Traumatic Brain Injury — TBI Liable?

Negligence is the failure to act with a reasonable degree of care. If a head injury leads to a TBI due to someone else’s negligence, filing a civil claim is appropriate and necessary to hold the negligent party liable for damages.

A South Florida brain injury attorney can help by:

  • Investigating your case
  • Working with expert witnesses
  • Proving fault and liability
  • Calculating your damages
  • Bringing a claim against the responsible party
  • Negotiating your settlement amount

Our lawyers know that recovering compensation for a severe injury like a TBI is an urgent matter, since your losses could total in the tens of thousands of dollars.

Cohen & Juda, P.A. Will Represent You Personally in Your South Florida Brain Injury Case

Regardless of whether you suffered a mild traumatic brain injury or a moderate or severe traumatic brain injury, the devastating consequences can upend your life. After seeking medical treatment, schedule a free consultation with a traumatic brain injuries attorney from Cohen & Juda, P.A. We provide you with comprehensive legal services on a contingency fee basis, so you never have to pay out of pocket for the representation.

During this free consultation, we will review the details of your injury and devise a strategy for seeking compensation based on the unique factors involved. Contact us at (954) 424-1440 or complete our online form today to schedule your free consultation.

We will represent you personally.

Frequently Asked Questions

Statute Of Limitations For Personal Injury In Florida

Florida law has different statutes of limitations which affect the amount of time you have to file your claim. The time limits are based on the type of case you have. The law has recently changed. We encourage you to contact an attorney immediately to find out how the Statute of Limitations may affect your negligence, medical malpractice, nursing home neglect or wrongful death claim.

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