FORT MYERS BRAIN INJURY ATTORNEY

A traumatic brain injury (TBI) is a head injury that “disrupts the normal function of the brain,” according to the American Association of Neurological Surgeons. But what kind of impact can cause such a severe injury?

A powerful and direct impact to the victim’s head, such as in an auto accident or by falling construction material, is what typically comes to mind. But the medical community is coming to understand just how sensitive the brain can be, and that significant injuries can be caused by seemingly moderate or even minor blows to the head.

Significant injury to the brain can also be caused by periods of rapid acceleration, deceleration, or change in direction. This is because the brain sits inside the skull surrounded by a cushion of fluid. Also, the brain is not rigidly attached to the skull at any point and, thus, can be thrown against the inside of the skull and injured when subjected to a high degree of inertial force. This type of brain injury is often referred to as a closed head injury.

More severe forms of TBI can cause major cognitive issues, but even less severe forms can cause:

• Seizures
• Memory loss
• Headaches
• Difficulty with concentration
• Personality changes
• Psychological symptoms

One of the most troubling parts of TBI is that it can be exceedingly difficult to spot. CT scans may be able to spot more severe cases of TBI, but many others require extensive observation and testing, and may not be noticed immediately.

In order to receive compensation for your brain injury case, four different elements of the case need to be proven:

Duty of Care: The duty of care is a legal obligation requiring a person to act toward others with the watchfulness and prudence that a reasonable person would use in a similar situation. For instance, drivers have a duty of care to other people on the road to obey the rules of the highway and drive as a reasonably prudent person would under similar circumstances.

Breach of Duty: With a duty of care established, it now has to be proven that this duty was breached by the other party’s negligence. If a driver crashes into someone because they were distracted by texting, this could be seen as a breach of duty.

Causation: The breach of duty must be proven to be the direct cause of the brain injury.

Damages: It must be proven that the injury, caused by a breach of duty, was suffered in such a way that there are damages that must be compensated (medical expenses, lost wages, pain and suffering, etc.).

Many of these can be extremely hard to prove, which is why you need a brain injury attorney. A victim will need an attorney with a strong understanding of the medical issues associated with brain injuries to successfully communicate the gravity of the harm to a jury or settling insurance company.

We examine factors such as necessary future procedures, rehabilitation costs, and lost earning capacity in determining the value of our clients’ claims. Our brain injury attorneys are dedicated to recovering compensation to help our clients and their families recover financially after suffering a debilitating brain injury.

Have you or someone you love suffered a traumatic brain injury? If so, fill out our free, no-obligation case review form to find out if one of our brain injury attorneys can help you.