Brain Injury Lawyer

Brain injuries change your way of life, temporarily or permanently affecting the victim and their loved ones. Even with mild brain trauma, it can be beneficial to fight for compensation if it happens at the hands of another’s misdeeds. Choosing the right brain injury lawyer can help you through this journey while you adjust to a new normal. 

The Center for Disease Control states that $31.7 billion goes toward hospitalization costs immediately after an accident. That includes $9 to $10 billion spent on rehabilitation and acute care (like clearing the lungs and removing blood clots) but doesn’t encompass other expenses like indirect family costs and lost wages. For many patients, compensation is the only thing that keeps their family afloat after tragedy. At Steinger, Greene & Feiner, our dedicated team has over 25 years of experience striving to assist people like you. With our professional guidance and resources, trust you’re not alone when seeking much-needed financial compensation.

What Is a Brain Injury?

Brain injuries are ailments affecting brain functions, causing mild or severe physical, mental, or emotional changes. They develop with a sudden blow or bump to the head, sudden jerks (such as from whiplash), and similar phenomena. 

Usually, the brain rattles in the skull, causing nerve damage and bruising on the brain, but without bleeding or cracks in the skull, it classifies as a closed brain injury. On the other hand, if an object penetrates the skull or a hard enough hit causes the skull to shatter (sending pieces of it into the brain), this is an open brain injury. 

What Are the Types of Brain Injuries?

In either case, damages can be focal (where just one area of the brain seems harmed) or diffused (where multiple locations receive damages). Half of these patients require surgery to repair ruptured blood vessels known as hematomas or remove brain contusions in severe cases. Some of these severe TBI cases include the following:

• Concussions are mild traumatic brain injuries deriving from head or body impact. It’s common among athletes and sometimes leads to temporary loss of consciousness, but many experience a full recovery.
• Cerebral edemas occur when capillaries leak fluids into surrounding brain tissues after a sudden blow. Swelling around the brain ensues, increasing pressure in the skull.
• Diffuse axonal injury develops if the brain turns or shifts during an accident, causing axons or nerve fibers to tear. Anything from injuries and comas to physical and cognitive impairments may abound. 
• Skull fractures occur when the head bone breaks or cracks. They may heal with time, showing few symptoms, but in severe cases, surgery may be necessary to avoid further bleeding, seizures, infections, and brain damage.
• Anemic anoxia develops if an accident tears axons, fully cutting off oxygen and blood to certain brain areas. 

Hypoxic injury means some oxygen and blood reaches areas of the brain but not enough to meet the tissues’ metabolic needs. 

Causes of Brain Injuries

According to the American Association of Neurological Surgeons, motor vehicle accidents are the number one cause of TBIs, proving responsible for 50%-70% of these patients. Victims include any affected drivers, passengers, and pedestrians.

A brain injury lawyer can help you file a claim if you’re not responsible for the accident. For instance, if a car that doesn’t heed the stop sign or right-of-way laws hits you (a pedestrian), the driver is at fault, and you can file a claim. However, you’re at fault if you run a red light and T-bone another car (unless it’s a car malfunction and you want to file a product liability case).

Car accidents aren’t the only cause of traumatic brain injuries, however; they also occur during:

• Slips and falls (the biggest risk to children and the elderly)
• Full-contact sports like football, soccer, and boxing
• Violent acts, especially those involving heavy weapons
• Medical malpractice, like when improper patient monitoring causes oxygen deprivation

Symptoms and Long-Term Effects

Depending on the accident type and severity level, symptoms vary among patients. Mayo Clinic states that mild traumatic brain injuries cause chemical changes in brain cells, and while they sometimes occur immediately, other times, they take days or weeks to develop. That leads to concentration issues and confusion alongside grogginess and short-term memory loss, affecting your mental state.

Similarly, anxiety, irritability, and nervousness impact your emotions. Fatigue and headaches can lead to nausea and vomiting. It may also impact hearing, sight, and speech, but symptoms change with time. 

For moderate to severe cases, immediate mental and emotional signs of trauma mirror those in mild cases. For instance, clear thinking, short-term memory, and communication may become compromised, while anxiousness and nervousness in social situations, aggression, and depression ensue.

However, physical defects are much more serious than in mild cases. Unconsciousness can occur for 30 minutes to just under 24 hours with moderate TBI (or longer in severe ones). Comas, sensory perception changes, and arm and leg weaknesses that affect motor skills and balance also follow. 

Permanent Impacts on Lifestyle 

In mild cases, the Cleveland Clinic points out that if you don’t allow enough time for your brain to heal, life-threatening, second-impact syndrome develops, causing swelling and tissue displacement. Not only is this difficult to treat, but it leads to severe neurological issues and permanent brain damage. 

In moderate or severe cases, permanent brain damage leads to brain bleeds from intracranial hemorrhages, regular seizures, and disabilities that likely won’t heal. TBIs also shorten your life expectancy and increase your risk of the following:

• PTSD
• Anxiety
• Chronic depression 
• Alzheimer’s disease
• Chronic traumatic encephalopathy
• Movement disorders

The Role of a Traumatic Brain Injury Lawyer

TBIs are not always the fault of another, but when they are, a brain injury lawyer can explain whether you’re eligible to file a claim. According to LinkedIn, a brain trauma legal counsel first looks at your unique situation, gathering evidence from eyewitnesses and medical professionals overseeing your ailments. 

Because the latter knows how much damage occurred and how it can affect you short- and long-term, they help the traumatic brain injury attorney create a solid case. After filing the claim, the legal team sees out the legal process by offering comfort and guidance and negotiating with insurance companies so you can focus on recovery. 

Legal Process and Compensation Claims

Before moving forward, brain injury attorneys must determine the case type to understand the legal process. In negligence cases against another driver, property owner, doctor, or boss, the plaintiff and their brain damage lawyer must prove the defendant is responsible by first showing the defendant owed a duty to the plaintiff. 

Then, using evidence, the lawyer must prove the defendant breached that duty and that it directly correlated with the plaintiff’s TBI. Finally, the lawyer must show the damages are as defined by law, meaning it’s within the plaintiff’s rights to receive compensation. 

However, in product liability cases against manufacturers, makers, or distributors of a defective product, the plaintiff’s lawyer simply has to prove the product was harmful and caused the ailment. 

In many cases, the compensation plaintiffs ask for is monetary to help them pay for medical expenses, including hospital stays, surgeries, and other medical procedures, alongside rehabilitation and medication. Many also collect it as pain and suffering money, to make up for lost wages, or caretaking expenses. Others collect non-monetary compensation, some of which include:

• Retirement plans
• Health and wellness benefits
• Paid time off

Choosing the Right Brain Injury Attorneys

When choosing an attorney, ensure they’re qualified head injury attorneys trained to handle cases involving TBIs caused by medical malpractice, negligence, or whatever your situation involves. That’ll prove they have a history of dealing with similar cases and know how time-sensitive they are since evidence disappears quickly. Also, look at the firm’s reputation. Not all neurological injury lawyers are the same or have proper credentials, so ensure the company has solid ratings from clients alongside awards and other acknowledgments from high-end legal organizations. After you narrow down your list and explore each firm’s case results, consider their availability, compatibility, and fees.

Reach Out to Skilled Brain Injury Lawyers

Without a cognitive impairment attorney, you’ll find it difficult to file and prove your claim while juggling expenses and care for yourself or your loved one. With the right legal assistance, you don’t have to go it alone. At Steinger, Greene & Feiner, we’ve been fighting side by side with clients since 1997, proving our devotion and determination. So, when you need a brain injury lawyer who’ll fight tirelessly for you, call 813-669-4742. Request a free consultation in locations throughout Florida! Discover how we can assist with your case.