A traumatic brain injury (TBI) is one of the most costly and devastating injuries that anyone can experience. Even so-called mild concussions can wreak havoc on victims and their families.
Living with a TBI might involve lifelong struggles and treatment with physical and psychological therapists to cope with an injury. When catastrophic brain injuries occur, families can suffer too. If the victim contributed to the household income and can no longer work, some families face a heavy financial burden, which can result in bankruptcy, foreclosures, and increasing amounts of debt, while struggling to make ends meet. Families also struggle emotionally to deal with the long-term consequences of a TBI on their family member. Increased medical expenses only add to the emotional and financial stress.
If you or a loved one has sustained a brain injury as a consequence of another party’s intentional harm or negligence, Florida law entitles you to seek compensation for losses incurred by suing for damages. No amount of money will undo a brain injury, but money can help pay for the costs associated with a brain injury and enable the victim to get the care that he or she needs. Additionally, a settlement or verdict in your favor can help place or keep your family on firm financial ground.
An experienced Orlando brain injury lawyer who understands the nuances of brain injury claims can help you and your family through this challenging time. If you live in the Greater Orlando Area, contact the qualified legal team of brain injury lawyers at Michael T. Gibson, P.A., at (407) 490-1271 for a free case review to learn how we can assist you in the wake of a traumatic brain injury.
About Michael T. Gibson
The experienced legal team at Michael T. Gibson, P.A., has been helping accident injury victims, including those who have suffered brain injuries, recover compensation for their injuries for more than a decade. With skills in the negotiation, settlement, and litigation of personal injury claims, Michael T. Gibson, P.A.’s team of lawyers have recovered millions of dollars of damages for our clients. Our firm’s passionate commitment to helping our clients includes recent settlements and verdicts for the plaintiff, ranging from $100,000 to $4 million. We cannot guarantee an outcome for your brain injury claim, as each case has different characteristics that can add to or detract from the value of the claim; however, we will diligently advocate for you and aggressively pursue the best results given your circumstances. We remain dedicated to attaining the best possible outcome for all of our clients.
What Are Traumatic Brain Injuries
The Centers for Disease Control and Prevention (CDC) defines a TBI as an injury that disrupts normal brain function caused by a “bump, blow, or jolt to the head, or penetrating injury.” The severity of a traumatic brain injury can range from a mild concussion to a severe TBI, causing lifelong brain damage or fatality. According to the CDC, over 2.5 million people visit emergency rooms each year across the United States to get treated for a traumatic brain injury, resulting in approximately 300,000 hospitalizations and over 55,000 fatalities. This also includes more than 23,000 children admitted to hospitals, as well as about 2,500 TBI-related child fatalities.
Traumatic Brain Injuries Can Occur in Many Accidents and Situations
The CDC reports that older adults face the highest risk for suffering a brain injury, because many over the age of 75 suffer slip and fall accidents. Many different accidents or events might cause a head trauma that leads to a TBI. Some common scenarios that might lead to a TBI include:
- Car, truck, motorcycle, and other motor vehicle accidents
- Bicycle and pedestrian accidents
- Theme park accidents
- Swimming pool accidents
- Unintentional falls
- Defective product use
- Playing full-contact sports
- Elder abuse, domestic abuse, and child abuse
Traumatic brain injury symptoms might vary based on the location of the injury, the age of the victim, and the severity of the head trauma. Sometimes a brain injury is immediately evident after an event, other times TBI victims might not experience symptoms for days or weeks. When children suffer a TBI, parents might not discover the injury until their infant or child misses one or more major developmental milestones.
TBI diagnosis is a difficult task for doctors. If you or your child were in an accident or suffered head trauma as a result of another event, the CDC recommends that you look for the following symptoms as a possible indication of a traumatic brain injury:
- Nausea and vomiting
- Headaches, especially when they don’t subside or increase in intensity
- Dizzy spells or balance issues
- Excessive or unexplained fatigue
- Neck pain
- Ringing in the ears
- Slurring of speech
- Numbness or loss of feeling in limbs
- Unevenly dilated pupils
- Trouble waking after sleep
The CDC estimates severe TBIs account for 25 percent of all TBIs reported each year. Symptoms can indicate a fatal injury. Severe TBIs often cause lifelong struggles for victims, but when symptoms go untreated or the injury isn’t diagnosed, victims risk a worse outcome, which might include death. If you or a loved one experiences any of the above TBI symptoms, you need to get to the nearest emergency room as soon as possible.
TBIs Are Costly for Victims and Their Families
Hospitalization, surgery, and potential long-term health care costs are only a few of the things that put traumatic brain injuries among the most costly of all accident-related injuries. Victims and their families suffer financially in several different ways. If you or loved one has suffered a TBI as a result of another party’s actions, Florida law permits you to take legal action. If you reach a settlement with an insurance company or a court rules in your favor, you might recover some or all of the following costs of a TBI:
Medical care includes a wide variety of services, and you get billed for every single one you use. Depending on your situation, you might have medical bills piled up for ambulance expenses, a visit to the emergency room, surgery, hospitalization, diagnostic imaging of your head, follow-up visits, and medication. Medical treatment for a TBI can go on for months, years, or decades, depending on the severity of the injury. It can also include long-term nursing care for TBI victims in a coma, PVS, or suffering from any other TBI-related condition.
Rehabilitation remains a key part of coping with a traumatic brain injury. Victims might need to undergo physical therapy, occupational therapy, and/or speech therapy. Ultimately, the goal of rehabilitation is to help TBI victims regain lost function or help them learn how to work around some of the struggles that they must endure as a result of their injuries. In some cases, TBI victims might also need to use assistive devices, such as wheelchairs, canes, or special technology to help them communicate.
Depending on the severity of an injury, a TBI victim might not return to his or her job. Disability income only pays for a portion of a person’s salary, and only for a limited amount of time. Victims and their families might suffer a heavy financial burden if they contributed to the household income before the injury. Additionally, when children suffer a traumatic brain injury, parents need to take time away from work to care for their child. Lost future wages, often referred to as lost earning capacity, will also factor into a personal injury lawsuit, when the victim cannot seek gainful employment for the rest of his or her life.
Whether individuals live alone or with family, they likely have many physical responsibilities to maintain their households. In severe cases, TBI victims can no longer do yard work, make repairs, mow the lawn, drive, shop, cook meals, or clean. TBI victims and/or their families might need to pay for outside help to replace the injured person’s former contribution to the household. This can also include childcare when a TBI victim stayed home with small children. A family might need to hire a nanny, use a daycare center, or get some after-school help.
When a TBI Leads to Death
Unfortunately, some traumatic brain injuries lead to the death of a loved one. Florida law entitles eligible surviving family members to bring a wrongful death suit against parties responsible for the injury. Family members might get compensated for some of the above damages, as well as funeral costs and burial or cremation expenses. Damages for non-economic losses related to the personal relationships of the deceased might also be included in a settlement or verdict. Some examples include loss of companionship, loss of parental guidance and support, and mental anguish related to the loss. If you have lost a family member as a result of a TBI, a skilled brain injury attorney can advise you on your eligibility to seek damages and the best course of action for you and your family.
Experienced Orlando Brain Injury Accident Attorneys
Michael T. Gibson, P.A., remains dedicated to advocating for those who have sustained injuries from the actions of others, including those who have suffered a traumatic brain injury. We understand the gravity of a traumatic brain injury and how a TBI can hurt victims and their families. We want to assist you during this challenging time and fight for you to get the compensation you deserve for economic and non-economic losses related to your TBI.
We also remain empathetic to the financial burden you might have in the wake of your injury, so we take personal injury cases on a contingency fee basis. This means you do not pay attorney fees upfront. Rather, we will deduct our firm’s fees from any compensation that you receive in the form of a settlement or court-awarded damages award.
If you or a loved one has suffered a traumatic brain injury, let Michael T. Gibson, P.A., handle the details of your claim while you focus on healing. An experienced traumatic brain injury lawyer from our team can walk you through the lawsuit process, investigate the event that led to your injury, gather relevant records and documents to build your case, and diligently pursue the best outcome given your circumstances.
If you live in the Greater Orlando area, contact Michael T. Gibson, P.A., online or at (407) 490-1271 to schedule your free consultation and to learn more about how we can help you during the aftermath of a severe traumatic brain injury. We help clients seek compensation for the full cost of their injuries.
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“I couldn’t be happier with the services provided to me by Michael T. Gibson’s team. Kathy, Jeannette and Amit did an outstanding job in representing me. Throughout the entire process they kept me updated, were easily reachable via email or telephone and always maintained kindness, patience and professionalism. I highly recommend using Michael T. Gibson’s law office as your auto justice attorneys. You will be in the best hands.” -Ash T.
Orlando, FL 32814