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Traumatic brain injuries (TBIs) can have a dramatic negative impact on people’s lives. They can cause lasting physical, cognitive, and emotional disability. If you have a TBI as a result of someone else’s negligence, you deserve to be compensated. Hiring a Naples traumatic brain injury lawyer can make it easier to hold the responsible party accountable.
Here at The Caldarone Law Group, P.A., we’ve have been practicing personal injury law for more than 10 years. Our seasoned legal team has handled many traumatic brain injury cases. We are familiar with traumatic brain injury laws and how they affect legal factors, such as who is liable for your injuries.
The team at our law firm leverage our knowledge to obtain a positive outcome in your negotiations with insurance companies. We can also take your TBI case to trial if needed. For severe and life-altering injuries, working with a Naples Catastrophic Injury Lawyer can be especially important.
Close to 1 million Floridians are currently suffering from the effects of brain injuries, and those numbers aren’t atypical. In 2023, across the United States, there were 68,663 deaths related to traumatic brain injuries. The leading cause of TBI-related hospitalizations of TBIs is falls. Other causes included:
Some people are injured in a car accident, while others sustain a traumatic brain injury as a result of an assault. It doesn’t matter where your case falls. You should hire a traumatic brain injury lawyer to seek compensation. They can gather and evaluate medical evidence for you and negotiate with insurance companies on your behalf. That way, you can focus on following your doctor’s orders instead of dealing with paperwork and complex legal proceedings.
Traumatic brain injuries occur when an external force hits, pierces, or moves someone’s head. These injuries can be open, in which case they would involve a skull fracture, or closed. In Naples, the primary types of TBI include:
What all of these types of brain injuries have in common is that they can have devastating, lasting effects on people’s ability to function in daily life.
TBIs can severely affect brain function. Short-term and long-term symptoms can include:
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The first thing you should do if you’re at all concerned that you may have suffered a traumatic brain injury is head to a local healthcare facility like NCH Downtown Baker Hospital for emergency treatment. The symptoms of TBIs aren’t always obvious at first. Prompt treatment can be of the utmost importance for severe injuries, though, so don’t delay seeking care. Keep track of all your medical records and bills. Your lawyer could need them.
There is no average settlement for a TBI injury. Every case is different. Your settlement will vary depending on the severity of your injury, how it occurred, and whether you will suffer lasting disability as a result of your TBI. Regardless of the circumstances of your case, you can maximize your settlement amount by working with a Naples traumatic brain injury attorney.
National and state-level organizations advocate for people with brain injuries. The Brain Injury Association of America and Brain Injury Florida are two of the most well-known. In individual cases, TBI lawyers also advocate for their clients. They offer practical and legal support throughout the claim-filing process. They also negotiate with insurance companies on behalf of their clients.
A: You can prove a TBI in a civil claim using a combination of medical evidence, expert testimony, and your personal account. You’ll need the medical evidence to show that you have suffered a traumatic brain injury. Your personal account will help establish the cause of the injury. Expert witnesses can establish the injury’s lasting cognitive and emotional impact.
The symptoms of a TBI can generally be divided into four categories. Physical symptoms may include dizziness, headaches, changes in vision or hearing, balance issues, and fatigue. Cognitive symptoms can include difficulty concentrating, confusion, and memory loss. Emotional. Emotional symptoms can include depression, anxiety, irritability, and mood swings. Sleep symptoms can include insomnia or excessive sleepiness.
How long a TBI claim takes in Collier County depends on factors such as how complex your case is and whether or not it needs to go to trial. Complicated cases in which liability is unclear take longer to resolve, whether in negotiations or at trial. Going to court can also prolong your case substantially. Ask your Naples traumatic brain injury attorney how long they think it could take to complete your case.
The compensation available for a traumatic brain injury in Florida varies. You will most likely obtain a higher settlement if you suffered a catastrophic TBI that could leave you paralyzed or otherwise disabled than you would with a minor TBI, like a concussion that should resolve quickly on its own with minimal medical intervention. Whether you were assigned any percentage of fault for the accident can also affect the worth of your final claim.
The compensation available for a traumatic brain injury in Florida varies. Damages can include hospital bills, the cost of ongoing medical care and rehabilitation, lost wages, loss of future income, and non-economic damages such as mental anguish and pain and suffering. If your traumatic brain injury was caused by an assault or another form of intentional conduct or gross negligence, you may also be awarded punitive damages by the court.
The evidence you need to prove a TBI after a car accident varies. It may include proof of liability for the accident, such as photographs of the scene or cell phone logs; medical records and imaging that show the extent of your injuries; pay stubs to show how much you lost from missing work while you were healing; and expert testimony regarding your medical symptoms or the details of your car accident.
You can file a TBI claim if symptoms appeared days after the crash. It is often the case that the full extent of a traumatic brain injury is not apparent immediately. However, you should note that your claim may fare better if you seek a medical exam soon after the accident. Otherwise, the insurance company may be able to argue that you sustained your injuries in a different accident, not from the car crash.
The key difference between a concussion and a TBI for legal purposes is that a concussion is just one type of traumatic brain injury. Many traumatic brain injuries are more severe than concussions, causing lasting cognitive, behavioral, mood, and physical changes in the accident victim, whereas the symptoms of concussions are generally relatively minor and short-lived.
It doesn’t matter whether you suffered your TBI in a car crash or a construction site accident. Your injury could have a lasting impact on your quality of life. You could be compensated for it. A Naples traumatic brain injury lawyer can help. You can work with the team here at The Caldarone Law Group, P.A., to file your traumatic brain injury claim. Contact us to schedule an initial consultation today.
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