identifying the invisible injury

When you think of the Sunshine State, you think of beautiful beaches, palm trees, and of course all that sunshine. In fact, one of the last things you might think of is brain injury and head trauma. However,  according to the Brain Injury Association of Florida (BIAF), 136,000 Floridians suffer from brain injuries each year.

Most people do not realize that brain injuries are devastating, life-changing and often not as easy to detect as one might think. That is why traumatic brain injuries (TBI) are sometimes called “invisible injuries”.

However, each year traumatic brain injuries contribute to a substantial number of deaths and cases of permanent disability all across the country.

In some cases, a brain injury from a serious accident is the result of the negligence of an individual, company or entity. If you or your loved one is the victim of such an incident, you may be entitled to compensation.

the truth about traumatic brain injuries

According to BrainLine, each year, about 2.8 million people in the US suffer from traumatic brain injuries. Out of all these individuals who are impacted by TBI:

  • Only 282,000 are hospitalized
  • Nearly 90% are treated and released from an emergency department
  • 50,000 die

DID YOU KNOW: Every day, 153 people in America die from injuries that include TBI.

Brain function is often disrupted immediately following traumatic brain injuries. This impact is sometimes permanent and life-altering. Victims of TBI are frequently at risk of losing their ability to:

  • Walk
  • Speak
  • Breathe without the help of a medical machine

The severity of these side effects will vary depending on the accident. However, these adverse effects change lives forever. Not only can this cause emotional and mental turmoil, but also financial and professional hardships.

what causes a traumatic brain injury?

According to Johns Hopkins, there are two kinds of TBI.

1. Penetrating brain injury

Penetrating, or open head injuries are what happens when there is a break in the skull. For example, this is the case when a bullet pierces the brain.

2. Closed brain injury

These are cases where there is a nonpenetrating injury to the brain with no break in the skull. Often, a closed brain injury is due to a rapid forward or backward movement and shaking of the brain inside the bony skull. This rapid movement results in bruising and tearing of brain tissue and blood vessels.

So what are some of the most common external causes of TBI?

slips and falls

  • Firstly, the leading external cause of TBI is slips and falls. Rates are highest for children aged 0 to 4 years and for adults aged 75 years and older. The greatest number of emergency department visits and hospitalizations for TBI are due to falls.

traffic accidents

  • Second, motor vehicle–traffic injury is the leading cause of TBI-related death. Mortality rates for TBI in such cases are highest for adults between the ages of 20 to 24 years old. Traffic accidents can also lead to severe whiplash, which can create a closed brain injury.

physical assault

Physical attacks make up 9% of external incidents that lead to traumatic brain injury. Again, this could be penetrating brain injuries like bullets breaking through the skull. It could also be closed brain injuries such a blunt force trauma.

sports injuries

One of the most well-known forms of damage to the brain is the concussion. Athletes have been suffering these kinds of sports injuries throughout history, particularly in high impact sports. Most people are familiar with this condition but do not fully understand the very real risks associated with these injuries.

There are several other common internal causes of traumatic brain injuries, including:

  • Stroke
  • Lack of oxygen
  • Tumors
  • Other illness such as cancer
  • Brain infections or inflammation
  • Other infections

According to researchers, approximately 85% of head injuries are considered to be “minor” in nature. However, even with minor head injuries many have significant, long-lasting results. In fact, many times the injuries which result in traumatic brain injury may not appear to be severe, at least initially.

building lawsuits for brain injuries

In many examples of what causes traumatic brain injuries, there are instances where other parties may be responsible for the circumstances that cause the injuries. Most lawsuits relating to brain injuries are based on negligence.

A negligence claim requires the person bringing the lawsuit to prove that the defendant is legally liable for their injury. Therefore, the plaintiff must be able to establish all of the following:

  • The defendant owed the plaintiff a duty of care.
  • The defendant failed to act with reasonable care toward the plaintiff.
  • That failure was the cause of the victim’s injuries.
  • The plaintiff suffered injuries and/or losses that are measurable under the law.

The key to such a case is not only proving that a brain injury occurred, but being able to connect that injury to the defendant’s conduct. Once you’ve built a case, you have the opportunity to receive compensation for a number of reasons, including:

  • Medical expenses
  • Pain and suffering
  • Lost wages

Brain injuries are often more difficult to detect, specifically with closed brain injuries. Therefore, it is crucial to gather as much evidence as possible about the nature of the brain injury and the accident. For the average person, this can be a daunting task.

why a lowercase lawyer?

Building that effective case for a brain injury lawsuit is more complicated than most people expect. It involves not only collecting evidence, but understanding how the law works in your favor, and how to effectively present a claim.

When a person, company or any other entity can be held liable for brain injuries, we build strong cases for meaningful compensation for victims and their families. We understand the financial burden our clients face in the aftermath of a severe brain injury, and lowercase attorneys believe in easing that burden by seeking the appropriate compensation and negotiating large settlements for our clients.

call us today

A lowercase personal injury lawyer will provide you with legal guidance and compassionate support so that you can receive the compensation you are entitled to. Call us today at 833-LOW-FEE5 (833-569-3335).


south florida:

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