Brain Injuries and Slip and Fall Accidents

brain-injury-slip-and-fall-attorney-floridaMotor vehicle accidents are a leading cause of traumatic brain injury (TBI) in the United States and were the number one cause of TBI for individuals ages 5 to 24 years, as well as the leading cause of hospitalizations related to TBI. However, according to the Centers for Disease Control and Prevention (CDC),1 the primary cause of TBI across all age groups is accidents involving slips, trips, and falls. Though some people who slip and fall down only suffer a bruise to their ego, others may hit their head on the ground or on another object as they fall. Such direct trauma to the head can cause damage to the brain, which is referred to as a traumatic brain injury.

Slip and falls can cause many different kinds of serious injuries and victims should always receive a complete medical evaluation following a fall to make sure no brain injuries go undiagnosed. Victims should also call an experienced attorney if they believe that another party’s negligence caused or contributed to their fall and resulting injuries.

High slip and fall TBI risk groups

The CDC reports that adults over the age of 65 are at a particularly high risk for suffering TBI from a slip and fall. This high risk exists for many reasons, including that older adults have less control over their balance, especially in the midst of slipping, and therefore may fall and hit their head harder. Additionally, TBI in many older adults may also be accompanied by other serious injuries, such as broken hips, which can make their overall recovery more challenging.

People who work in industrial environments are also at a high risk for slip and fall. Debris, sawdust, glass, and other small objects may cover the floor, causing workers to suddenly lose their balance and fall. Employee injury cases can have unique issues involving workers compensation and other programs, so you always want to discuss your case with an attorney as soon as possible.

Causes of slip and falls leading to TBI

Some of the most common causes of TBI include the following:

  • Snowy or icy surfaces
  • Wet surfaces
  • Slick or greasy flooring
  • Loose carpeting
  • Surfaces or flooring that is uneven
  • Gravel or other loose substances on floors
    Debris or objects left in the walkway
  • Electrical cords left unsecured across a walkway
  • Open cabinets or drawers, especially at knee-height
  • Dangerous conditions on stairs

There are, of course, many more conditions that may exist that lead to a slip and fall accident.

Premises liability law

If you slip and fall on someone else’s property, that owner may be held liable for your injuries if they acted in a negligent manner. Property owners have the legal duty of care2 to properly and adequately inspect and maintain their properties for potentially dangerous conditions. If a property owner fails to live up to this standard of care and any visitors or customers suffer TBI or other injuries, the owner should be held liable for all of the injured party’s losses.

Proving negligence in premises liability cases3 is not always easy, however, as you must prove that the property owner knew or should have known about the dangerous condition. Fortunately, there are ways of proving that the owner knew or should have known that the premises needed maintenance or repair by carefully investigating the scene of the fall, collecting evidence, gathering witness reports, watching video footage, and more. You always want to make sure you have an attorney handling your case who understands both the nature of slip and fall cases and of cases involving TBI.

Contact an experienced brain injury lawyer in Clearwater for a free consultation

If you have suffered a traumatic brain injury from a slip and fall accident, you deserve to receive full compensation from the responsible party for your medical bills, lost income, pain and suffering, mental anguish, and more. The experienced team of attorneys at the Dolman Law Group know how to handle premises liability cases involving TBI and will always work for the best possible outcome for you. Please call our office today at 727-451-6900 to discuss a possible case for free.

Dolman Law Group
800 North Belcher Road
Clearwater, FL 33756
727-451-6900

https://www.dolmanlaw.com/legal-services/brain-injury-attorneys/

References:

1http://www.cdc.gov/traumaticbraininjury/get_the_facts.html
2http://en.wikipedia.org/wiki/Duty_of_care
3http://en.wikipedia.org/wiki/Premises_liability#Premises_liability_case_law_of_the_United_States

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How to Choose a Quality TBI Attorney

Traumatic brain injury attorney floridaIf you suffer a traumatic brain injury (TBI)1 in a motor vehicle accident, you always want to carefully choose a medical professional who knows how to treat this type of injury and who can ensure your recovery is as smooth as possible and that you have everything you need to heal. However, if you then decide to file a legal claim against the responsible party, you may choose an attorney on the basis of a simple Google search. Google results are not necessarily ordered based on the quality or experience a particular attorney may have, but on many other factors designed by internet professionals. It is surprising that an individual may painstakingly choose a doctor but then rely on the most basic of information—which may often be unreliable—to hire an attorney.

However, the quality of the personal injury attorney you retain may directly affect the amount of compensation you are able to recover for your TBI from any responsible parties. For this reason, the following are some tips on choosing a skilled TBI attorney to help you in your case.

Make sure your attorney understands the nature of a TBI.

TBIs can be complex injuries with unique signs and symptoms that may affect a victim’s life in different ways than other victims. Having an attorney who understands the nature of a brain injury and how it affects your life is extremely important not only for your legal claim, but also for the success of client-attorney communications.

The lawyer should be familiar with motor vehicle accident cases.

The majority of traumatic brain injuries are suffered by victims of accident involving a motor vehicle. Car accidents, commercial truck accident, motorcycle accidents, pedestrian accidents, and bicycle accidents all have the potential to cause severe head trauma and TBI. Motor vehicle cases often have unique issues and can involve specific traffic and related laws. It is important that your attorney have a background in this type of case in order to get you the maximum amount you deserve.

Similarly, if your brain injury occurred because you suffered a slip, trip or fall2 or other type of accident due to a dangerous property condition, your attorney should be familiar with cases involving premises liability3 law. If you suffered your brain injury due to a dangerous product, seek out a lawyer with experience in products liability4 laws and related legal doctrines. Do not be afraid to question your attorney about types of cases they have handled in the past.

Your lawyer should have the up front resources to hire specialists if needed.

Brain injury cases can be complicated, especially when determining the value of your injury and your missed opportunities as a result. Some specialists that may be needed in a TBI case include:

  • Vocational counselor
  • Neuropsychologist or neurologist
  • Life can planners
  • Accident reconstruction specialists
  • Life coach or life-care planner
  • Economists

Make sure your attorney has personal injury trial experience.

Even though the large majority of civil cases reach a settlement agreement outside of the courtroom, sometimes the best option for you to receive what you deserve is to take the case all the way to trial. For this reason, you want to make sure you lawyer has experience with trials and is not going to pressure you into accepting a settlement simply because they are afraid to go to trial.

An experienced Clearwater TBI lawyer can help you

At the Dolman Law Group, we have a team of dedicated and skilled attorneys who understand the nature of a TBI case and how to help TBI victims fully recover for their losses. If you have suffered a TBI in a motor vehicle accident, fall, or other type of unexpected incident, please do not hesitate to contact our office as soon as you can. We will discuss your situation and evaluate whether you have a viable case and can estimate what your case may be worth. We provide our clients with individual attention and regular updates, and consultations are always free so that you can make up your mind based on quality information you have received. Call the Dolman Law Group at 727-451-6900 for assistance today.

Dolman Law Group
800 North Belcher Road
Clearwater, FL 33756
727-451-6900

https://www.dolmanlaw.com/legal-services/brain-injury-attorneys/

References:

1http://www.mayoclinic.org/diseases-conditions/traumatic-brain-injury/basics/definition/con-20029302
2http://www.nsc.org/NSCDocuments_Advocacy/Fact%20Sheets/Slips-Trips-and-Falls.pdf
3http://en.wikipedia.org/wiki/Premises_liability
4https://www.law.cornell.edu/wex/products_liability

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Frequently Asked Questions Regarding TBI Claims

FAQ Traumatic Brain Injury FloridaThe Centers for Disease Control and Prevention (CDC) indicates1 that an estimated 1.7 million people sustain a traumatic brain injury2 (TBI) every year. Out of these 1.7 million, 275,000 are serious enough to require hospitalization. A traumatic brain injury occurs when trauma to the head results in a disruption with the way the brain normally functions. Importantly, an impact between head and another object does need to take place for a TBI to occur – sometimes a jolt is sufficient. TBIs have the potential to cause serious medical complications, some of which could result in significant economic and non-economic losses for victims. Fortunately, in many cases, Florida law entitles people who have sustained TBIs to significant financial compensation. The most effective way to ensure that you receive the compensation that you deserve after a TBI is to discuss your case with an experienced attorney soon as possible.

Many of our clients who have sustained a TBI have questions regarding their claim and what to expect when pursing a TBI case. Some answers to some of the most frequently asked questions are detailed below.

Will I be able to Recover for my TBI?

Whether you will be able to recover any compensation for your traumatic brain injury depends on whether you can establish that your accident was the result of someone else’s negligence. Negligence has a specific meaning in the context of personal injury law, and the assistance of an experienced attorney can often have a significant impact on the outcome of a personal injury case.

What types of damages are available in a traumatic brain injury case?

Under Florida law3, compensation is available for both economic and non-economic losses. Among the types of damages that are often sought by plaintiffs who have sustained a TBI include those for physical and emotional pain and suffering, loss of earning potential, lost income, medical expenses, future medical expenses, and punitive damages, in some cases.

What if I do not have the money to hire an attorney?

Like most personal injury lawyers, the attorneys of the Dolman Law Group take all of their cases on a contingency fee basis, meaning that any legal fees they collect will be a percentage of the amount they recover for their client. As a result, our attorneys do not collect any legal fees unless they successfully obtain compensation for our client, and Dolman Law Group clients never need to pay out of pocket for legal representation. While the exact percentage our attorneys collect depends on a number of factors, including on the amount of recovery and whether your case is settled prior to filing a lawsuit, it generally ranges from between 20 to 40 percent.

What types of accidents commonly lead to a TBI claim?

TBIs can occur in a variety of settings. We regularly represent people who have sustained traumatic brain injuries in the following kinds of accidents:

• Car accidents
• Truck accidents
• Slip and falls
• Sports accidents
• Bicycle accidents
• Falls down stairs
• Boating accidents
• Pedestrian accidents
• Accidents involving consumer products
• Motorcycles
• Recreational accidents
• Playground accidents

We are qualified to handle claims arising from any type of preventable accident, so do not hesitate to contact our office even if you do not see your accident in the list above.

Contact a Clearwater, Florida traumatic brain injury lawyer to schedule a free consultation

Traumatic brain injury victims often experience significant pain and suffering as a result of their injuries. Our skilled personal injury lawyers are dedicated to helping victims of the negligence of others obtain justice through the Florida civil courts. At the Dolman Law Group, we fight hard to protect our clients’ rights and work tirelessly to ensure that each client we represent receives the full and just value of their legal claim.

The Clearwater, Florida traumatic brain injury attorneys of the Dolman Law Group are committed to helping people injured in preventable accidents recover for their injuries. To schedule a free consultation with one of our lawyers, call our office today at (727) 451-6900.

Dolman Law Group
800 North Belcher Road
Clearwater, FL 33756
727-451-6900

https://www.dolmanlaw.com/legal-services/brain-injury-attorneys/

References:

1 http://www.cdc.gov/traumaticbraininjury/pdf/BlueBook_factsheet-a.pdf
2 http://www.mayoclinic.org/diseases-conditions/traumatic-brain-injury/basics/definition/con-20029302
3 http://www.leg.state.fl.us/statutes/

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(6) Common Myths Regarding Traumatic Brain Injuries

6 Traumatic Brain Injury Myths in FloridaThough most people have heard of a concussion, many people may not fully understand the fact about traumatic brain injuries (TBI).1 The following is meant to dispel some commonly believed myths regarding this serious injury.

  1. You have to hit your head to receive a TBI. Though TBIs are most often associated with direct trauma to the head—often from falling or from hitting your head on an object—not all TBI victims have hit their heads. Instead, a TBI can occur when a victim’s head is sharply jolted or is suddenly accelerated or decelerated. With such a jolt, the brain can knock against the inside of the skull, which can cause significant damage to the brain tissue. At times, the brain will hit the skull on one side and then jostle to hit the skull on the other side, causing TBI in two different places. This is referred to as coup contre coup and does not require any direct trauma to the head. 
  1. Less serious TBI cannot cause disabilities. Though a less severe TBI—such as a concussion—often does not have the long-term effects of a severe TBI, the temporary symptoms can still be debilitating and can cause serious challenges for a victim. About 300,000 people are admitted to hospitals per year for mild TBI and victims can experience severe depression, confusion, and other temporarily disabling conditions. These issues can cause trouble with a victim’s family, friends, jobs, and more and can therefore be quite disabling. 
  1. TBI victims will notice immediate signs and symptoms. Some defense attorneys try to argue that, if an accident victim does not immediately complain of TBI symptoms, they could not have received a TBI in the auto accident. However, medical research has shown that some victims may take hours or even a day or two to demonstrate noticeable symptoms of a TBI. Other victims may not recognize symptoms such as fatigue or headaches as related to TBI and, therefore, may not seek medical attention right away. Finally, many symptoms become noticeable when a victim tries to return to school or work and realizes they are suffering from more difficulties than they previously believed. 
  1. The effects of TBI must fit a particular pattern. In the past, many doctors failed to diagnose TBI in accident victims because the results of a neuropsychological test did not conform with particular patterns. However, in recent years, medical professionals have realized that even two individuals with similar brain injuries may show different neurological effects and symptoms. 
  1. A victim must lose consciousness to suffer a TBI. Often, victims of mild TBI may simply suffer from confusion or a dazed period and may not lose consciousness at all. Of course, staying conscious does not mean that your brain tissue has not been damaged. Other victims may lose consciousness for only a few seconds—such a short period of time that no one around even notices. 
  1. Everyone fully recovers from a mild TBI. Many defense attorneys try to present the viewpoint that every victim of a TBI will experience a complete recovery in a relatively short period of time and, therefore, they do not deserve substantial financial compensation. However, research shows that many victims suffer from chronic symptoms caused by post-concussive syndrome.2 Even if a victim does not develop post-concussive syndrome, they can still take months to heal or their healing can remain permanently incomplete, causing cognitive and behavioral complications for the long-term. Additionally, after any type of TBI, your chances for a second, more serious TBI and second-impact syndrome3 increase, often permanently. This means even a mild TBI can put you at greater risk of injury in the future for the rest of your life. 

Contact an experienced Clearwater brain injury lawyer for a free consultation

If you have suffered any type of blow or jolt to the head, your first step should always be to obtain the medical evaluation and treatment necessary to properly diagnose a TBI and any related symptoms or complications. Next, you should not hesitate to contact an experienced brain injury attorney as soon as possible. Call the Dolman Law Group today at 727-451-6900 for a free consultation.

Dolman Law Group
800 North Belcher Road
Clearwater, FL 33756
727-451-6900

https://www.dolmanlaw.com/legal-services/brain-injury-attorneys/

References:

1 http://www.cdc.gov/TraumaticBrainInjury/
2 http://www.mayoclinic.org/diseases-conditions/post-concussion-syndrome/basics/definition/con-20032705
3 http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2672291/

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Defective Products Can Cause Traumatic Brain Injuries

Sports Equipment Causing InjuryThe United States Centers for Disease Control and Prevention (CDC) estimates1 that approximately 1.7 million people in the United States sustain a traumatic brain injury (TBI) each year. While the majority of these injuries are caused by falls, sports injuries, stuck by/against events, and violent assaults, a significant number are caused by defective consumer products. When these incidents occur, victims can often file a lawsuit against the manufacturer or retailer of the product that caused their injury in order to recover for their losses, including their medical expenses, lost income, physical and emotional pain and suffering, and loss of enjoyment of life, as well as others. In certain cases, punitive damages2 may also be available. It is important, therefore, for anyone who has sustained a TBI that they believe may have been caused by a defective consumer product to consult with an attorney in order to find out whether they may be able to file a legal claim.

Florida products liability law

The area of law that operates to hold manufacturers, retailers, and others involved in bringing consumer products to market liable for injuries caused by defective products is known as products liability law3. Generally, these claims fall into one of three main categories:

  • Claims based on defective design
  • Claims based on defective manufacture
  • Claims based on defective marketing, also known as “failure to warn” claims

The category that your potential claim will fall into depends on the specific circumstances of your case. Your attorney will be able to review the facts surrounding your TBI accident and determine which type of claim you may be able to assert.

Sports equipment

When an athlete or young athlete’s parent purchases sports equipment, they expect that the equipment will be safe for its intended use in the sport. This is especially true for protective equipment designed to shield sensitive parts of the body such as the head or neck from potentially dangerous impacts. This type of protective gear is especially important in contact sports such as football, hockey, boxing, and soccer. Helmets are also a necessity in sports that involve throwing balls at a high velocity toward an athlete, such as softball or baseball.

Manufacturers of sports equipment should use the utmost care in designing and producing protective gear. If a manufacturer sells a defective helmet or other piece of protective gear, an athlete can be left vulnerable in the event of a tackle or other blow to the head. Such situations can result in serious traumatic brain injuries or even multiple brain injuries if the defect is not immediately realized.

Child products

It is only natural that parents want to purchase the safest products for their infants and young children. Many of these products must be constructed to adequately support the weight of the child, such as cribs, strollers, high chairs, and similar types of apparatus. Unfortunately, some manufacturers sell products with structural defects that may cause these products to suddenly collapse without warning.

If a baby or small child is inside the apparatus when it collapses, chances are high that the child may fall to the ground, sometimes from considerable heights. When a child falls, it is common that they will hit their head with significant force on the ground or other nearby object, resulting in a traumatic brain injury.

Defective auto parts

Defective or malfunctioning auto parts are a common cause of motor vehicle collisions. When brakes, tires, steering mechanisms, or other important auto parts fail, a driver can lose control and can collide with another vehicle or into a stationary object, sometimes at high speeds. Victims of auto collisions commonly suffer TBIs from either hitting their head on the inside of the car or from a jostling of the brain due to whiplash-type movements. In such cases, the auto manufacturer should be held liable for the losses incurred by the victim related to their brain trauma and other injuries.

Contact a Clearwater traumatic brain injury lawyer today to schedule a free consultation

Individuals who have sustained a traumatic brain injury due to a consumer product malfunction may be able to recover significant compensation. At the Dolman Law Group, we strive to provide the best possible legal representation available and work closely with our clients in order to ensure that their needs are met. Our lawyers understand the tactics that insurance companies and defense attorneys often use in order to minimize or avoid liability and are prepared to use every legal means at our disposal to ensure that you obtain the recovery you deserve. To schedule a free consultation with one of our attorneys, call our office today at (727) 451-6900.

Dolman Law Group
800 North Belcher Road
Clearwater, FL 33756
727-451-6900

https://www.dolmanlaw.com/legal-services/brain-injury-attorneys

1 http://www.cdc.gov/traumaticbraininjury/pdf/BlueBook_factsheet-a.pdf
2 http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&
Search_String=&URL=0700-0799/0768/Sections/0768.72.html

3 http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&
Search_String&URL=0700-0799/0768/Sections/0768.81.html

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Rollover Accidents Can Cause Traumatic Brain Injuries

Brain Injury & Rollover AccidentsThe forces involved in a motor vehicle accident can be tremendous. Cars, trucks, motorcycles, and other vehicles consistently travel at speeds faster than the human body was designed to travel, and the body is simply not equipped to deal with the physical forces that can be exerted on it in the event of a sudden impact.

In cases in which a vehicle loses control and rolls over, occupants can be exposed to particularly violent impacts with the interior of the vehicle and may be violently thrown from side to side in their seats. As a result, serious injuries can occur, including traumatic brain injuries1, or TBIs. TBIs that are sustained in rollover accidents have the potential to leave victims with serious medical issues, so it is very important that anyone who has sustained a TBI discuss their legal options with an experienced Clearwater traumatic brain injury lawyer as soon as possible.

What is a rollover accident and why are they so dangerous?

Rollover accidents2 occur when a car, truck, or other vehicle rolls over onto its side or even onto its roof. These accidents can involve a vehicle simply tipping over during a particularly hard turn or may involve multiple flips before the vehicle comes to rest. Rollover accidents are among the most dangerous type of motor vehicle accident for a number of reasons.

First, when a car or truck rolls over, the vehicle no longer has its tires in contact with the ground, meaning that it is impossible for the driver to exert any control over the vehicle. This means that once a rollover accident has started, it is possible that the vehicle that is rolling over will hit several objects or other cars or trucks before it comes to a stop. In addition, during a rollover, passengers often strike their heads and other body parts against the interior of a vehicle, potentially causing serious injuries. Finally, not all vehicles are designed to handle the forces that can be applied to a vehicle’s roof if it happens to come to rest upside down. As a result, it is very possible for occupants to be trapped or injured by a car or truck whose roof has completely collapsed.

How do rollover accidents cause traumatic brain injuries?

A traumatic brain injury occurs when external forces applied to a person’s head result in a disruption in normal brain function. These forces may be the result of an object forcefully striking the head or may simply be the result of the head jerking forward or backward quickly on the neck. In a rollover accident, either of these scenarios can easily occur, due to the forces that are involved in a vehicle rollover.

Rollover accidents can especially cause TBI if the vehicle is not manufactured appropriately to protect motorists. For example, if a seat belt is defective, a vehicle occupant may not be appropriately restrained as the car rolls over and may hit their head on the roof or sides of the vehicle. If the vehicle does not have side airbags that properly deploy, an occupant may be ejected from the vehicle and their head may have a severe impact with the ground. Additionally, if the roof of the car is not reinforced and it crumples, occupants may strike their head on the ground or any other objects in the vehicle’s path.

Common causes of rollover accidents

Rollover accidents can be caused by a wide variety of factors. As is generally the case in car accidents, determining the cause of a rollover accident is essential in determining legal liability. Some of the more common causes of rollover accidents include the following:

  • Speeding
  • Distracted driving3
  • Failure to yield the right of way
  • Driving while impaired
  • Failure to observe traffic signals
  • Improper vehicle maintenance
  • Not stopping at a stop sign
  • Driver fatigue
  • Reckless driving
  • Under-inflated or over-inflated tires

Contact an experienced traumatic brain injury attorney for a free consultation today

At the Dolman Law Group in Clearwater, Florida, our attorneys know how to handle auto accident cases involving traumatic brain injuries. We understand how much a TBI can affect your life and always strive to make sure you receive the maximum amount of compensation possible. Please call today at 727-451-6900 for a free consultation.

Dolman Law Group
800 North Belcher Road
Clearwater, FL 33756
727-451-6900

https://www.dolmanlaw.com/legal-services/brain-injury-attorneys/

References:

1 http://www.cdc.gov/traumaticbraininjury/severe.html
2http://www.safercar.gov/Rollover
3http://www.distraction.gov/

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Construction Site Accidents Can Often Result in Traumatic Brain Injuries

Construction Worker Injury & TBIThe construction industry consistently ranks as one of the most dangerous industries in which to work. By definition, construction sites are “works in progress,” with unfinished structures, open excavations, open heights, and heavy machinery at every turn. In addition, much of the work that is done at a construction site involves equipment or tools that have the potential to cause serious injury in the event of a malfunction or misuse. While these accidents can cause a variety of injuries, among the most serious are traumatic brain injuries1, or TBIs. These injuries occur when head trauma causes a problem with normal brain function and have the potential to result in long-term disabilities and other complications.

Construction site accidents can affect workers, visitors, and even passers-by to a construction zone. When these accidents are caused by someone else’s negligence or recklessness, the people who are affected can often recover for their injuries by filing a personal injury claim. Not all construction site accidents give rise to a legal claim, however, so anyone who has sustained an injury at an active site should consult with an experienced Clearwater traumatic brain injury attorney to determine whether they have a claim.

A word regarding workers’ compensation

Florida, like all states, has a workers’ compensation2 program that operates to compensate employees who are injured in on-the-job accidents without requiring them to prove fault. These laws preclude injured workers from filing tort lawsuits against their employers in return for these no-fault benefits.  There are some cases, however, in which an injured worker may still be able to assert a claim after a workplace injury. These circumstances include:

  • Injuries caused by defective products (e.g. tools, equipment, machinery, or vehicles)
  • Injuries cause 3rd parties, such as independent contractors at a construction site
  • Injuries caused by an employer’s intentional conduct
  • Injuries caused by a toxic substance present at a construction site

Because the recovery obtained from a personal injury case can often significantly exceed the benefits provided by workers’ compensation, injured employees should always explore whether they may be able to sue by consulting with an experienced personal injury attorney.

What kinds of construction site injuries may cause a traumatic brain injury?

As mentioned above, a blow or jolt to the head is generally what causes a traumatic brain injury. While there are many ways that this can occur at a construction site, some of the most common include the following:

Falls from heights – Construction sites often require employees to work at significant heights. While workers generally are required to use safety equipment to protect them from falling, this equipment may fail, potentially resulting in a fall that may cause a TBI.

Falling objects – Falling objects that strike someone in the head can similarly cause a traumatic brain injury.

Vehicle and equipment accidents – Most construction sites have vehicles and heavy equipment that is capable of moving from place to place. When these vehicles are involved in accidents, occupants may sustain a traumatic brain injury.

Explosions – Construction often requires the use of chemicals or gases that have the potential to explode. If an explosion occurs, a nearby individual may be thrown several feet or be struck by flying debris, potentially resulting in a traumatic brain injury.

There are myriad other ways that a person could sustain a traumatic brain injury while at or around a construction site. Victims should always consult with a lawyer in order to determine whether they may have the right to sue.

Contact a Clearwater traumatic brain injury attorney today to schedule a free consultation

Traumatic brain injuries are among the most serious injuries that a person can sustain, and often may lead to medical issues or disabilities that can have a significant impact on a person’s quality of life. Florida tort law3 often allows people who sustain TBIs while working or visiting a construction site to bring a legal action in order to recover for their injuries and other losses. While some claims may be prohibited by Florida’s workers’ compensation statute, it is still worthwhile for injured victims to have an experienced personal injury lawyer review the facts of their case and determine whether they may have the right to sue. The attorneys of the Dolman Law Group are committed to helping people who have sustained traumatic brain injuries obtain justice through the Florida civil courts. To schedule a free consultation with one of our lawyers, call our office today at (727) 451-6900.

Dolman Law Group
800 North Belcher Road
Clearwater, FL 33756
727-451-6900

https://www.dolmanlaw.com/legal-services/brain-injury-attorneys/

References:

1 http://www.nlm.nih.gov/medlineplus/traumaticbraininjury.html
2 http://www.myfloridacfo.com/division/wc/
3 http://www.law.cornell.edu/wex/tort

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The Role of Assumption of the Risk In Sports-Related TBI’s

Sports Related Brain InjuryFlorida’s famously warm and sunny climate allows residents to engage in sports and other outdoor activities year-round. As a result, many school-age children and adults alike keep busy and fit by engaging in both organized competitive and less formal “pick-up” games at local parks and recreational facilities. While sports can be a great way to stay fit and meet people with similar interests, participation can also expose individuals to the risk of serious injury.

According to the Centers for Disease Control and Prevention1 (CDC), almost 175,000 sports-related traumatic brain injuries (TBIs) are treated in emergency departments around the country each year among people 19 and under. TBIs occur when an external force to the head, such as a bump or jolt, results in impairment in the way that the brain normally functions. These injuries have the potential to cause serious neurological, cognitive, and physical problems, some of which could be long-term, leaving victims unable to work and with significant medical expenses. Consequently, many sports-related TBI victims wonder if they can sue to recover these and other losses. Whether a TBI victim will be able to bring a legal action depends on a variety of factors, so anyone who has sustained a TBI during an athletic event should discuss their situation with a Clearwater personal injury lawyer as soon as possible.

Assumption of the Risk

A legal doctrine known as “assumption of the risk2” operates to prevent many injured athletes from suing the person who caused their injury. The doctrine holds that people who knowingly agree to put themselves at risk by participating in a dangerous activity is barred from suing for injuries that occur in the normal course of that activity. For example, a football player could likely not sue for a TBI sustained during a tackle, just as a hockey player would be unable to sue for injuries sustained after a hard body check.  There are some situations, however, in which an athlete that sustained a TBI would possibly be able to recover for his or her losses. These include:

  • Defective equipment injuries – In cases where defective equipment causes a TBI, victims may be able to recover from the manufacturer or retailer of the equipment.
  • Recklessness or intentional acts – Assumption of the risk does not apply to acts that are completely outside of the way in which a particular sport is played. For example, assuming the risk involved with playing football does not mean consenting to being punched in the face with a fist.
  • Injuries caused by poorly maintained premises – Athletic competitions take place on a variety of surfaces, including baseball field, hockey rinks, football fields, and basketball courts. When these facilities have hazardous conditions that cause an injury, the party responsible for its maintenance could potentially be held liable.
  • Negligent coaching or instruction – In certain situations, coaches owe their athletes a duty to ensure that they are properly trained to participate in a particular activity and are not asked or required to participate in a competition that would be so beyond their skill level as to expose them to an unreasonable risk of injury. In circumstances when coaches fail to uphold this duty, an injured athlete may be able to sustain a legal claim against the negligent coach or his or her employer.

Lawsuits against public schools

Many organized sports are sponsored and administered by the various public schools or public school districts around the state of Florida. If an injury occurs during these activities and the school district or its employees are at fault, a special set of legal rules may apply. This is because the government and its various units are generally immune from lawsuits, expect to the extent to which they have agreed to be sued. Fortunately for Florida residents, the Florida Tort Claims Act3 just does this, but subjects such lawsuits to a particular set of rules. As a result, anyone who has been injured during an athletic activity sponsored by or associated with a school should discuss their options with an attorney who understands how to handle these kinds of claims.

Contact a Clearwater traumatic brain injury lawyer today to schedule a free consultation

The attorneys of the Dolman Law Group are dedicated to protecting the legal rights of people injured in preventable accidents. To schedule a free consultation with one of our attorneys, call our office today at (727) 451-6900.

Dolman Law Group
800 North Belcher Road
Clearwater, FL 33756
727-451-6900

https://www.dolmanlaw.com/legal-services/brain-injury-attorneys

References:

1 http://www.cdc.gov/concussion/sports/facts.html
2 http://en.wikipedia.org/wiki/Assumption_of_risk
3 http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.28.html

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Bicycle Accidents Can Cause Traumatic Brain Injuries and Long-Term Medical Issues

Bicycle Accident InjuryFlorida’s famously mild climate allows residents and visitors to ride bicycles year-round, and you would be hard pressed to go a day without seeing a bicyclist on the streets of any given Florida city. While using a bicycle to get from place to place or simply for recreation is a healthy and cost-efficient activity, it also exposes riders to a significant risk of injury. Traumatic brain injuries1 (TBIs) are among the most serious kinds of injuries that are often sustained by bicyclists. The physical, emotional, and financial toll of a traumatic brain injury can be extremely severe, and victims may be able to recover significant financial compensation from the person or entity that caused their TBI. Consequently, it is important for anyone who sustained a traumatic brain injury or any other type of injury in a Florida bicycle accident to contact The Dolman Law Group as soon as possible to schedule a consultation.

What is a Traumatic Brain Injury?

A traumatic brain injury is an injury to the brain which occurs when a bump or blow to the head results in a disruption in normal brain function. A concussion2 is the most common form of mild TBI, but the can also be extremely severe and involve open head wounds or object penetrating the skull and injuring the brain. The short term issues associated with a TBI can include headaches, problems with memory, issues with concentration, or varying states of consciousness. More serious TBIs can cause serious long-term complications as well, including coma, cognitive problems, changes in vision, difficulty communicating, and varying degrees of impacted motor control. When these conditions are serious, they may require long-term medical care and prevent a person from working in their previous job or even working at all. As a result, it is very possible for the financial costs associated with treating a traumatic brain injury to easily rise into the hundreds of thousands of dollars. In addition, the after-effects of a TBI can have a significant impact on the emotional state of victims and their families, an injury that may also justify significant financial compensation.

What Kinds of Dangerous Conditions Can Lead to a Bicycle Accident?

Like all preventable accidents, in order to be able to recover for a traumatic brain injury sustained in a bicycle accident victims must be able to establish that their accident was the proximate cause of someone else’s negligence. There are many myriad examples of negligent conduct that could potentially lead to a serious accident, including the following:

  • Negligent driving, including speeding, distracted driving, failing to yield the right of way, and driving while impaired.
  • Failing to properly maintain property, including driveways, parking lots, bicycle lanes, and school grounds.
  • Defective bicycle or bicycle equipment design, manufacture, or marketing.

Contact a Clearwater brain injury attorney today to schedule a free consultation

Individuals who have sustained a traumatic brain injury in a bicycle accident may be able to obtain significant financial compensation for their injuries and other losses. Among the kinds of damages that are often available in personal injury cases stemming from a bicycle accident are those for medical expenses, lost income, physical and emotional pain and suffering, and loss of quality of life. The lawyers of The Dolman Law group work tirelessly to help victims of preventable accidents recover for their injuries and hold those responsible for causing their accident liable. To schedule a free consultation with one of our personal injury lawyers, call The Dolman Law Group today at (727) 451-6900.

Dolman Law Group
800 North Belcher Road
Clearwater, FL 33756
727-451-6900

https://www.dolmanlaw.com/legal-services/bicycle-injury-attorneys/

References:

1 http://www.cdc.gov/traumaticbraininjury/
2 http://www.mayoclinic.org/diseases-conditions/concussion/basics/definition/con-20019272

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What Types Of Traumatic Brain Injuries Can Be Caused At Birth?

Traumatic Brain Injury CausesTraumatic brain injuries (or TBIs) can have serious complications and cause challenges for victims at any age. However, some brain injury victims never get to experience life without brain damage and resulting medical conditions. This is because many types of brain injuries can occur during childbirth.

If your child suffers a traumatic brain injury at birth, you will likely be facing years of expenses including additional medical care, medical equipment, specialist appointments, therapy, special education, assisted living, and more. Depending on the severity of a brain injury at birth, some children may never be able to attend regular school, hold down a job, or even live independently. As you can imagine, such brain injuries resulting from childbirth can not only result in substantial financial costs over the course of the child’s life, but also in significant physical and emotional struggles for both parents and the child.

If your child suffered a traumatic brain injury at birth due to the negligent act or omission of a doctor or other medical professional, you and your child deserve to be fully and fairly compensated for all of your related losses. An experienced Florida brain injury attorney at the Dolman Law Group can evaluate your case and assist you in receiving the settlement or award you deserve. Medical malpractice and brain injury claims may be complex, so you always want to be sure you have a lawyer representing you who knows how to handle this particular type of case. Call our Clearwater office today at 727-451-6900 for a free, no-obligation consultation today.

Causes of brain injuries at birth

Brain injuries rarely occur at birth without some type of negligence on the part of the medical staff. The three main causes of birth-related TBI are as follows:

  • Head trauma
  • Hypoxia,1 which is decreased oxygen flow to the brain
  • Ischemia,2 which is decreased blood flow to the brain

These different occurrences have the potential to cause many different conditions in newborn infants, including but not limited to the following:

  • Caput succedaneum
  • Head deformity
  • Cephalohematoma
  • Subgaleal, subdural, subarachnoid, or epidural hemorrhage
  • Cerebral palsy (CP)
  • Perinatal asphyxia
  • Erb’s palsy

Information on Cerebral Palsy

Cerebral palsy is perhaps the most familiar and common condition that results from brain injuries prior to or during birth, as the Centers for Disease Control and Prevention (CDC) reports3 that an estimated one in 323 children have been diagnosed with some form or degree of CP. The symptoms of CP may not be readily noticeable and are often discovered gradually as babies develop. Specifically, CP disorders affect various physical abilities in a victim, including sensory abilities, balance, coordination, muscle stiffness, and may even cause paralysis. Only 58 percent of patients with CP are able to walk independently and nearly one-third are never able to walk at all. Though the symptoms of cerebral palsy do not usually continue to worsen as a victim ages, there is no known cure for CP and therefore the condition is permanent for the duration of a victim’s life.

The physical limitations of CP can have a substantial effect on a patient’s life, including work, school, and the ability to ever live on their own. Necessary medical equipment can include wheelchairs, lifts, braces, walkers, and other related physical assists. In addition to the expense of such equipment, a child with CP will also likely be limited in professional and personal opportunities, as well.

If your child has suffered CP or any other type of brain injury due to medical negligence at birth, you should not delay in contacting an experienced Florida brain injury attorney to discuss a possible case today.

Dolman Law Group
800 North Belcher Road
Clearwater, FL 33756
727-451-6900

https://www.dolmanlaw.com/legal-services/brain-injury-attorneys/

References:

1http://en.wikipedia.org/wiki/Hypoxia_%28medical%29
2http://en.wikipedia.org/wiki/Ischemia
3http://www.cdc.gov/ncbddd/cp/research.html

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