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Orlando Brain Injury Attorneys

Orlando Brain Injury Lawyer

Orlando, Florida, offers plenty to see and do. Local and tourist favorites include the area’s theme parks, aquariums, zip line experiences, and even skydiving. However, with all the adventures Orlando can provide, there are just as many ways a person can become injured.

Acquired brain injuries are among the most serious injuries a person can suffer, as they often result in permanent deficits that affect every part of life—from the physical, mental, and emotional impacts to the sometimes overwhelming financial consequences.

If you or your loved one have suffered a brain injury in Orlando that was the result of someone else’s careless or negligent actions, you may seek compensation for your injury through a brain injury lawsuit. Our personal injury law firm understands the economic impact and hardships a brain injury can pose on you and your family and is determined to seek justice for injured victims. An experienced Orlando Brain Injury Lawyer, like those at Michael T. Gibson, P.A., can help you triumph through every stage of the legal process.

Understanding Brain Injuries

The brain is one of the body’s most important organs, helping to make up the central nervous system that controls all the body’s voluntary and involuntary responses. An acquired brain injury is one that is neither hereditary, congenital, or degenerative, and it is not caused by birth trauma. Instead, it is damage to the brain caused by either an injury or an internal factor.

Traumatic brain injuries

A traumatic brain injury (TBI) is a result of a violent blow or jolt to the head or body. These may be open or closed head injuries. Open head injuries involve penetration of the skull or cranial cavity, while a closed head injury usually involves blunt force trauma. Accidents that often result in traumatic brain injury include:

  • Auto accidents
  • Slips, trips, and falls
  • Assault (including domestic violence or child abuse)
  • Sports and recreation activities
  • Military combat injuries, including those caused by bullets, shrapnel, or explosive blasts.

A traumatic brain injury is usually classified as mild to severe. A severe TBI could result in more drastic impairments to one’s cognitive abilities, even physical disability if the damage is extensive enough. However, a mild to moderate TBI can still have devastating effects on victims — something that a brain injury lawyer understands all too well.

Non-traumatic brain injuries

Brain injury caused by internal factors and not a direct impact to the head is referred to as “non-traumatic.” These injuries include: 

  • Oxygen deprivation occurring in a near-drowning or near-suffocation
  • Exposure to toxic substances
  • Neurotoxic poisoning from carbon monoxide or lead exposure
  • Drug overdoses
  • Electric shock
  • Seizures
  • Infectious diseases

The brain consists of various sections, known as lobes, that control the body’s numerous processes and functions. 

Unfortunately, brain tissue has a very limited ability to heal itself from an injury; thus, the damage sustained in any particular lobe can create permanent deficits.

A glimpse of each lobe’s functions and the long-term effects of injuries to them include:

  • Frontal lobe: The frontal lobe is responsible for a range of critical activities, including focus and thought processes, communication, self-understanding, and decision-making. Damage to this area of the brain can cause speech impediments, memory loss, and behavior and emotional regulation issues.
  • Temporal lobe: The temporal lobe is responsible for a variety of cognitive and auditory abilities, including the comprehension of spoken language, memory, hearing, sequencing, and organizing. Injury to the temporal lobe can lead to issues with communication and memory.
  • Occipital lobe: The occipital lobe’s function is entirely focused on vision. An injury to the occipital lobe of the brain often creates difficulties with an individual’s ability to see and perceive the size and shape of objects.
  • Parietal lobe: The parietal lobe is responsible for the basic senses, such as judging distance, recognizing shapes and colors, and feeling sensations. If the brain is injured in this area, there can be impairments to the five senses: sight, sound, smell, taste, and touch.
  • Cerebellum: The cerebellum is the lobe that controls balance and coordinated movement. An injury to this area of the brain will cause mobility problems due to affected balance and coordination.
  • Brain stem: Involuntary responses such as breathing, heart rate, consciousness, and sleep/wake cycles are all controlled by the brain stem. Injuries to this portion of the brain are generally fatal, as the body can’t sustain life without these voluntary responses. In fact, brain death occurs when all activity of the brain and brain stem has ceased.

While physicians categorize brain injuries as mild, moderate, or severe, there is nothing “mild” about a brain injury. A concussion—a term used to describe a “mild” traumatic brain injury—can result in permanent deficits and even post-concussion syndrome, a group of complications that include chronic headaches, loss of memory, depression, and other life-altering difficulties.

Our traumatic brain injury attorneys recognize that these symptoms, whether classified as mild or severe, can have long-term detrimental effects on an individual’s life.

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Brain Injuries Affect Every Part of Your Life

Between permanent disabilities that can create difficulties with physical and cognitive functions and the financial strain of the injury and its related complications, brain injuries impact every aspect of a person’s life.

Some common impacts resulting from this type of injury include:

Difficulties at home. The injured person’s family members often find that their relationship with their loved one is forever changed by the injury. Children and spouses are frequently expected to take on the role of caregivers. Spouses can suffer a loss of intimacy and physical companionship due to hormonal changes after the injury and changes in interest, sexual preferences, or self-image that the injured person suffers. The household finances can create a tremendous strain, particularly if the injured person was the family’s primary breadwinner.

Difficulties at work. As explained above, many brain-injured individuals never return to work. Those who do may require accommodations such as longer and more frequent breaks, shorter workdays, and lighter workloads to combat the fatigue and difficulty focusing commonly experienced by those with brain injuries.

Difficulties at school. The full extent of the damage caused by a brain injury to a child might not be understood until years after the trauma, as the child matures and is asked to meet ever-increasing social and academic demands.

Children who’ve suffered brain injuries also often require accommodations for their injury when they go to school, such as: 

  • Longer breaks
  • Fewer instructional days
  • The aid of a paraprofessional assistant for help with organization, focus, and behavioral issues
  • The ability to test orally or through multiple choice rather than taking essay-format tests
  • Extra time to complete assignments
  • The ability to record instructional time to aid with memory difficulties.

Difficulties in society. Many brain-injured individuals and their families discover that the concerned friends who lined the hospital hallway in concern right after the injury occurred fade away in the months and years that follow. 

Brain injuries result in a person having difficulty maintaining friendships, as they no longer enjoy the same activities and may have little in common with their friends after the injury. Because of behavioral and impulse issues often suffered due to brain injuries, the individual often can no longer participate in community events or public gatherings.

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Complications of the Condition

Early treatment of brain injuries is focused on controlling certain bodily responses to the injury to avoid complications that can result in further damage.

Some of the most common complications suffered after a brain injury include:

  • Infection: Infections are common after penetrating brain injuries—which involve penetration of an object through the skull—due to the introduction of bacteria into the protective tissue surrounding the brain. Lack of mobility and chemical changes in the body that are a response to the injury are also culprits of infections that can involve other parts of the body, including the urinary tract or the lungs.
  • Fevers: When a person with a brain injury experiences a fever, it can be an indication of an infection, but it can also be caused by damage to the brain’s ability to regulate temperature.
  • Blood clots: Also known as Deep Vein Thrombosis (DVT), blood clots can occur in the deep veins in the arms and legs due to lack of mobility after a brain injury. These clots can break free and travel through the bloodstream to the lung, creating a potentially fatal condition known as a pulmonary embolism.
  • Seizures: Approximately five percent of the individuals who suffer a closed-head brain injury and about half of those experiencing penetrating brain injuries will have seizures as a result. These seizures frequently occur in the early hours or days after the injury. However, they can become chronic and recurrent. Those suffering recurrent brain injuries are considered to have post-traumatic epilepsy.
  • Hydrocephalus: This condition involves a buildup of cerebral spinal fluid in the brain as a response to the injury. This fluid build-up, if not addressed, can create an increase in pressure in the brain and can result in further damage. Hydrocephalus is often treated by surgically placing a drain—known as a shunt—in the brain.
  • Heterotopic ossification: Up to 20 percent of brain-injured individuals will experience the formation of new bone material in the body. This material often forms in jointed areas of the body, such as the bone or shoulder, and can cause inflammation, swelling, pain, and loss of range of motion in the affected limb.
  • Muscle disorders: Brain-injured people can experience issues with either spasticity—an involuntary tightening of the muscles—or flaccidity, which is a loss of muscle tone.

The Enormous Expenses an Orlando Brain Injury Will Cost You

As many as 5.3 million adults and children in the United States are living with permanent disabilities as a result of brain injuries. Brain injuries are extraordinarily expensive, with the lifetime costs of medical treatment alone estimated to reach billions of dollars.
These costs are further complicated by the fact that many individuals can’t return to work for a long time after the injury, and some will never enjoy any sort of gainful employment after the injury. The unemployment rate for adults with brain injuries two years after the injury is around 60 percent (many times higher than that for uninjured adults).
The permanency of the disabilities created by brain injuries, along with the loss of income and subsequent loss of some health care benefits provided by their employer, can lead to disastrous consequences.

You Can Pursue Compensation for Brain Injuries

If you or your loved one suffered a brain injury in Orlando, you are likely all too familiar with the medical bills and expenses related to the injury. Our Orlando brain injury attorneys can help you obtain compensation from the individual or entity whose reckless or careless actions caused your injury.

Count on Our Experienced Personal Injury Attorneys in Orlando to Fight for Your Rights

An Orlando brain injury lawyer, like those at Michael T. Gibson, P.A., can help you pursue compensation by offering services such as:

  • Information about the brain injury lawsuit process
  • A valuation of your case based on the costs and life impacts you have incurred
  • Determination of all sources of liability and all insurance resources that can be accessed to compensate you
  • Timely filing of court-required paperwork in the proper jurisdiction
  • Gathering of evidence and witness statements to support your claim
  • Skilled negotiation with the at-fault party’s insurance provider in an attempt to obtain a fair settlement offer
  • Representation at all court-required conferences and hearings
  • Guidance on the pros and cons of accepting any settlement offer
  • Litigation
  • Assistance with collecting your settlement or award
  • Continued representation if the defendant files an appeal

Let us help you understand the legal options that are available to you and fight for your full and fair compensation. For a free consultation and case evaluation, contact Michael T. Gibson, P.A., online or by calling us at (407)-422-4529. The sooner you contact our skilled personal injury lawyers, the quicker they can begin working on your case and seeking a positive resolution for your claim. 

Michael T. Gibson, P.A., Auto Justice Attorney
2420 S. Lakemont Avenue
Suite 150
Orlando, FL 32814
Phone: 407-422-4529

Frequently Asked Questions

Orlando Traumatic Brain Injury FAQ

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Few people think about hiring an attorney unless they need one. Those who have suffered a brain injury in an accident in Orlando should consider working with an attorney.

If you or your loved one acquired a brain injury as the result of someone else’s carelessness or recklessness, you likely have many questions about how to deal with the expenses and impacts of the injury. These injuries can be complex because of the permanency of the deficits created by damage to the brain, the high likelihood of complications that require further medical treatment, and the extraordinary impacts that this type of injury has on every aspect of a person’s life.

Those who suffer a traumatic brain injury as a result of the careless or reckless actions of another person or entity can recover damages through a personal injury lawsuit, a type of personal injury claim filed in civil court. The two aspects of the case that must be satisfied to have a successful outcome to this type of case are liability and damages.

You can prove liability by showing:

  • The at-fault party owed you a duty of care. This duty of care depends on how your accident occurred and what the at-fault party’s role in the accident was. For example, in a car accident case, an at-fault driver’s duty of care to you would have been to operate his or her motor vehicle safely and legally.
  • There was a breach in the duty of care. The breach refers to the action that the at-fault party took that was contrary to the duty of care that was owed to you. Using the car accident scenario, the breach would have been the unsafe or illegal action that the at-fault party took that resulted in the accident.
  • This breach in care resulted in the accident, which caused your injury and subsequent expenses and life impacts, also known as damages.

Most types of accidents in which a person or entity is responsible for someone experiencing a brain injury are eligible for an Orlando brain injury lawsuit.

Some of the more common types of accidents in these cases include:

  • Motor vehicle accidents, including those that involve passenger vehicles, commercial trucks, rideshare vehicles, taxis, motorcycles, ATVs, pedestrians, bicycles, aircraft, or watercraft.
  • Premises liability cases involving slip/trip and falls, swimming pool accidents, theme park accidents, negligent security, and elevator or escalator accidents.
  • Product liability cases involving defective products such as auto parts, appliances, food or medication, or toys.

Different states have different statutes of limitations—in Florida, for example, the statute of limitations for personal injury lawsuits is four years from the date of the injury for most cases. However, this time limit can be shorter or longer in certain cases. For example, cases involving city, state, or federal agencies require a shorter time to file, while cases involving minor children can allow additional time in some circumstances. Your attorney will advise you if your case has a different time limit.

Those seeking compensation after suffering a traumatic brain injury through an Orlando brain injury lawsuit can recover damages such as:

  • Medical expenses, including emergency treatment at the scene of the accident or in the emergency department, transport to the hospital by ambulance or aircraft, hospitalization, diagnostic testing, physician and surgical services, prescription medication, physical therapy, and rehabilitation.
  • Lost wages due to being too injured to work or missing work to attend injury-related medical appointments.
  • Loss of future earning capacity if the injury results in permanent disabilities that prevent you from working.
  • Property damage sustained in the accident, such as the cost of replacing or repairing your vehicle after a car accident.
  • Physical pain and suffering.
  • Emotional distress.
  • Lost enjoyment of life.
  • Loss of consortium, which is a claim made on behalf of the injured person’s spouse due to the loss of intimacy and companionship, frequently suffered as a result of this type of injury.

Non-economic damages refer to the impact of the injury and the functional deficits on the person’s life. Brain injuries impact nearly every aspect of a person’s life, including ways that often cannot be easily proven through a medical bill or proof of income and the hours of work that were missed while recovering from injury.

Typically, non-economic damages are calculated by first adding up the cost of economic damages, such as medical bills and lost wages. This total amount is then multiplied by a number between 1.5 and 5. The more severe and permanent the injury is and the more impact the injury has on the person’s life, the higher the multiplier that is used. In your case, the sum of the economic damages and the multiplier is the value of the non-economic damages.

Not necessarily. In fact, the vast majority of Orlando brain injury lawsuits are settled outside the courtroom. Hire an attorney to assist you with your case that is comfortable and confident with obtaining compensation on your behalf through either the settlement process or litigation.

Your ability to sue in any accident depends on your ability to prove that someone else was liable for your accident and the presence of an applicable insurance policy for the liable party that can be used for compensation. That said, suppose your injury was the result of a hazardous property feature at the theme park that you were not warned about through prominent signage or the carelessness or recklessness of a ride operator. You may then seek compensation from the park through an Orlando brain injury lawsuit.

Each brain injury is unique, and each case involving a brain injury is also unique. Because damage recovery involves the expenses incurred in a specific case, there are no “average” settlements.

However, some things can increase or decrease the value of your case, including:

  • The amount of insurance the liable party has. Insurance is how damage awards or settlements are generally paid, as most individuals do not have the money to pay for the significant costs of brain injuries out-of-pocket. While it is possible to sue an uninsured person, collecting any damages awarded is often very difficult.
  • The severity of your injury. More severe injuries often require more expensive treatments, resulting in more expansive impacts on your life.
  • Your age, education level, and income at the time of the accident. Individuals who are in the middle of their career may often claim a higher number of damages in certain categories, such as lost wages and loss of future earning capacity, as they are likely earning more money than a young person who has not worked or is just starting a career, or a retired person who is no longer collecting wages and has no future earning capacity from being unable to work.
  • Your overall health at the time of the accident. If you have pre-existing conditions, insurance companies will often attempt to reduce their insured’s liability by stating that some of your medical expenses and impacts were a result of that pre-existing condition rather than their insured’s careless or reckless actions.
  • The clarity of liability. If you were partially responsible for the accident that caused your injury, you often can still file a brain injury lawsuit against other liable parties. However, your claim will be reduced in proportion to your liability, and the at-fault party’s insurance company will likely try to place all liability on you.
  • Your patience. Negotiating a settlement takes time. Frequently the highest settlement is not offered until just before the case goes to trial, when the insurance company is faced with the additional expense of litigation and the prospect of losing the case.

Yes. Although an estimated 5.3 million adults and children in the U.S. are living with permanent disabilities as a result of a traumatic brain injury, each injury is unique in the deficits it creates. Many traumatic brain injuries result in issues with behavior or impulse control, while others result in an inability to remember, difficulty communicating, and physical complications such as problems with movement or coordination.

Any of these self-isolating issues can prevent the injured person, and his or her family, from participating in social events. Friends who once shared common interests with the injured person can find that the person no longer has the ability or interest in the activities once enjoyed. All of these experiences lead to the feeling of being alone or the feeling that no one understands.

Personal injury protection insurance policies are required by all registered drivers in Florida. However, those who suffer injuries in a car accident meeting the serious injury threshold are permitted to bypass the PIP process and, instead, file a brain injury lawsuit against the at-fault party in their case.

Injuries that meet the serious injury threshold include:

  • Those that result in the significant and permanent loss of a bodily function
  • Injuries that are deemed permanent to a reasonable degree of medical probability
  • Significant and permanent scarring and disfigurement
  • Injuries that result in death

Because traumatic brain injuries result in permanent damage to the brain and permanent deficits that depend on the area of the brain that suffered the damage, they generally meet the serious injury threshold.

Not without speaking to an attorney first. In cases where a clear liability exists on the part of their insured, insurance companies will often offer a quick and low settlement to minimize their expenses. The problem with these settlements is that they do not take into consideration the full extent of the expenses that the injured person faces or the impacts that the injury will have on the person’s life. If you accept a quick settlement offer and later realize that your expenses were greater than the amount you accepted, you cannot go back and ask for more money.

Determining such injury costs is something that takes time. An experienced brain injury lawyer will look at all of your expenses and the impacts your injury has on your life to properly value your case and help ensure that the settlement you accept is enough to cover your damages.

Brain injury lawyers spend years on education and training to understand not only the legal process of an Orlando brain injury lawsuit, but the medical considerations and life impacts that are faced by individuals with this type of injury. 

This knowledge helps to ensure:

  • Your case is properly valued
  • All liable parties and insurance resources are identified
  • Any tactics used by the insurance companies to avoid paying for injuries caused by their insured do not prevent you from receiving damages
  • The evidence needed to prove your case is collected.

Let an experienced Orlando brain injury lawyer help you understand the legal process further. For a free case evaluation, contact a brain injury attorney at our law offices today.