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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The Devastating Effects of a Severe Brain Injury

Severe Traumatic Brain InjuryStatistics show1 that an estimated 1.7 million individuals in the United States suffer some degree of traumatic brain injury (TBI) on an annual basis. These injuries can range from a minor concussion to a severe and permanently debilitating condition. For example:

  • Each year, over 1.3 million people who suffer TBI are treated in the emergency room and are released.
  • 275,000 people require hospitalization, sometimes for an extended period of time.
  • Approximately 52,000 people do not survive their injuries. 

Patients who suffer a TBI that is classified as “severe” are often left with permanent disabilities and the need for long-term care, even if they do survive. 

Types of severe TBI

There are two primary types of severe TBI. First, you can receive a “closed TBI,” which means the damage to your brain was caused by an external force outside of your skull that caused your brain to shake around inside your skull, which damages brain tissue. On the other hand, a “penetrating TBI” occurs when an object enters your skull and directly damages the brain. Penetrating TBIs are often caused by bullets or sharp objects. Both types of severe TBI can leave victims with permanent damage.

Effects of severe TBI

Victims of severe TBI often experience some or all of the following types of symptoms:

  • Prolonged coma or period of unconsciousness
  • Amnesia
  • Severe cognitive difficulties, including concentration and information processing
  • Seriously impaired coordination, balance, or weakness in the extremities
  • Sensory impairments, including impairments related to sight, hearing, or touch
  • Emotional issues, including anxiety, depression, and aggression

Many victims of a severe TBI are unable to return to work or school, require special accommodations in many aspects of their lives, and often are unable to live independently. The Centers for Disease Control and Prevention (CDC) reports2 that an estimated 5.3 million individuals in the United States are currently living and struggling with a disability related to a severe TBI. Such disabilities can have a profound effect on all aspects of a victim’s life, including their professional opportunities, personal relationships, and more.

Costs of a TBI

In addition to the personal effects of a severe traumatic brain injury, these injuries can also cause a victim to incur serious financial and other intangible losses. A victim may suffer the following:

  • Extensive medical expenses, including hospitalization and neurologist visits
  • Costs of home health care
  • Costs of medical equipment and prescription medication
  • Rehabilitative costs
  • Lost future income and benefits
  • Loss of educational opportunities
  • Loss of enjoyment of life
  • Emotional trauma
  • Physical pain and suffering

Though it may seem difficult to put a number on what your loss of independence and opportunities are worth, an experienced brain injury lawyer will know how to perform such calculations and use other resources to make sure you know what your case is worth. 

Contact an experienced Tampa brain injury lawyer for a free consultation

If you or someone in your family has suffered a severe brain injury, the road to recovery will likely be long and arduous, or recovery may never be fully achievable. In such cases, victims of severe brain injuries can often recover substantial compensation for their permanent disabilities from any potentially negligent person who contributed to the accidents. At the Dolman Law Group, we understand the struggles that victims of severe traumatic brain injury face and work to help them receive the full amount of compensation they deserve for this devastating injury. Please do not hesitate to call our office for a free consultation at 727-451-6900 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.brainline.org/content/2008/07/facts-about-traumatic-brain-injury.html

2http://www.cdc.gov/traumaticbraininjury/severe.html

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Advances In Detecting and Treating Traumatic Brain Injuries

Advances In TBI TreatmentIn modern times, advanced tools and techniques such as magnetic resonance imaging (MRI) and computed tomography (CT) makes detecting traumatic brain injury possible. Without this revolutionary medical equipment, we’d likely have to rely on the keen eye of a doctor to tell us if we’ve got a concussion.

“Look at me, and then look to the left.” says the doctor. “Oh yeah; you’re fine.”

Treating traumatic brain injury (TBI), however, is a feat that many medical professionals have likely been trying to crack since the term was created. By standard procedure, a patient suffering with a TBI (or a suspected TBI) is taken to the emergency room for an overall health evaluation. Depending on severity, they could be taken to an intensive care unit. Because brains are so complex and require such special care, reputable brain surgeons or professionals specializing in neurotrauma/multi-trauma treatment can be tucked away.

Often times, a patient required to “go under the knife” will be rushed to a specialist immediately after the ICU. If the hospital that a patient is currently in has a brain surgeon on standby, then surgery is likely to commence within the coming hours. If not, the patient will likely be transported via ambulance to the nearest partnered brain or neurotrauma surgeon for treatment. That’s because time is ticking; if you had to go through the ICU, something is definitely wrong.

There’s no time to spare 

Traumatic brain injuries, unless treated properly, are unlikely to “fix” themselves. A pain of a mild concussion or contusion could wither away after the brief appliance of an icepack, but anything more severe than “mild” should be tended to professionally. If a patient is unaware of a sustained brain hemorrhage (bleeding in the brain), it could quickly worsen and lead to an unexpected death or serious brain condition.

Aside from a brain hemorrhage, there are other conditions that are directly related to traumatic brain injury which make timely treatment absolutely necessary. Patients with life-threatening injuries are placed as the unquestioned priority in emergency rooms. If you casually walk in to the ER because you bumped your head and you want an x-ray, you’re probably going to be waiting for a while. However, if you’ve developed a migraine after a blow to the head, you’ll be slotted right after chest and abdominal pain patients. This is good news for those suffering from a TBI that require treatment as soon as possible.

Further advancements in the TBI toolkit

A biomedical engineer in the School of Biological and Health Systems Engineering by the name of Sarah Stabenfeldt has been examining, testing, and releasing results pertaining to a new form of treatment for traumatic brain injury. Her work is outstanding and the talk of many credited health resources. Her idea is straightforward, but the research behind it will take years—likely more than five.

In essence, she aims to create an advanced blood-injected formula that is packed full of advanced nanobodies that not only seek out, but assist in repairing brain damage at both a cellular and molecular level. They would attach to the damaged area of the brain and serve two main purposes: to act as a beacon in conjunction with medical imaging to help doctors pinpoint the problem area, and to deliver medicine accurately and quickly to same.

She has secured a $2.3 million grant to cover the cost of her laboratory expenses and will enable Stabenfeldt to hire eager-to-help students for the project. Alongside the medical professionals at Barrow Neurological Institute, Stabenfeldt’s work could become the cure-all for traumatic brain injuries in the future, but sadly, we’ll have to patiently wait until then.

What steps can I take to recover after a TBI? 

Traumatic brain injury is a rapidly growing condition that often leads to permanent disabilities and even death. With cell phones becoming more and more advanced, and the use of such becoming more common while driving, we may find our eyes looking less at the road, and more at the screen. While cars become more advanced—some even being completely self-driving—, distractions become more plentiful.

However, motor vehicle accidents are certainly not the only place that TBI occurs. Dangerous work environments may lead to physical trauma; a pedestrian rightfully crossing the street could be hit by a careless driver. The list of possible causes is endless, but there is something that they may all have in common: negligence. If you or a loved one has suffered from any losses—be it physical, mental, emotional, financial, etc.—due to another party’s negligence, you could be eligible for significant compensation to help you get back on your feet.

There’s no better way to determine if you’re the victim of someone else’s negligence (or lack of care) than by discussing your case with an experienced personal injury attorney. Here at Dolman Law Group, we aim to answer all of your questions and assist our clients in recovering from their wrongful losses. Contact us today for a free consultation and case evaluation by calling us at 727-451-6900.

Dolman Law Group
800 North Belcher Road
Clearwater, FL 33765
727-451-6900

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

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Traumatic Brain Injuries Can Result in Long-Term Complications

Long term medical problems can stem from TBIAccording to the Centers for Disease Control and Prevention (CDC), traumatic brain injuries (TBIs), an estimated 1.7 million people sustain a Traumatic Brain Injury (TBI) each year.1 TBIs occur when a head injury results in a disruption in normal brain function.  Victims of TBIs that are caused by the negligence of others can often recover for their medical expenses and other losses by filing a personal injury claim against the responsible party or parties. Traumatic brain injuries can leave victims with a variety of issues, including cognitive problems, depression, motor control issues, and difficulty concentrating. These issues have the potential to a have a significant impact on a person’s quality of life and even have the potential to necessitate long-term medical care. As a result, anyone who has been affected by a TBI in a preventable accident should call the Dolman Law Group as soon as possible at (727) 451-6900 to discuss their case with an experienced Clearwater, FL TBI attorney.

What kinds of accidents cause traumatic brain injuries?

There a variety of accidents that have the potential of resulting in a traumatic brain injury. Some of the most common include the following:

  • Car accidents
  • Boat accidents
  • Slip and fall accidents
  • Medical malpractice
  • Bicycle accidents
  • Motorcycle accidents
  • Sports accidents
  • Truck accidents
  • Aviation accidents
  • Construction accidents

As with other types of personal injury matters, people who sustain a TBI need to be able to establish that their accident was the result of someone else’s negligence in order to be able to recover. In the contact of Florida personal injury litigation, “negligence” has a very specific meaning, and it is important for victims to discuss their case with an experienced lawyer. An attorney will conduct a thorough case evaluation and let you know whether and against whom you can assert a claim.

Multiple TBIs can increase a person’s risk of certain developing certain medical conditions

Recent research indicates that there is a correlation between traumatic brain injury and certain degenerative conditions that can affect the brain. These include the following:

Chronic traumatic encephalopathy – Also known as “CTE,” this condition is a degenerative disease that can cause changes in mood, depression, behavior, and problems with motor control. While CTE is poorly understood and can only be diagnosed post-mortem, multiple concussions and other head injuries play a role in its development.

Parkinson’s Disease – Researchers at the University of California, Los Angeles (UCLA) released the results of a study that link traumatic brain injuries and an elevated risk of developing Parkinson’s Disease later in life.2 Parkinson’s can cause issues with mobility, tremor, postural instability, and rigidity.

Alzheimer’s Disease – The Alzheimer’s Association reports that individuals who have a history of moderate to severe TBI have a significantly increased risk of Alzheimer’s disease. Alzheimer’s can affect a person’s memory and ability to live independently, resulting in a serious impact on a person’s quality of life.

Contact a Clearwater TBI attorney today to schedule a free consultation

Anyone who has been sustained a traumatic brain injury in a preventable accident should discuss their options with an experienced personal injury attorney as soon as possible. The Florida personal injury attorneys of the Dolman Law Group are committed to helping the victims of negligence recover for their injuries and other losses. We work hard to ensure that each client we represent get the maximum amount of compensation available by law. To schedule a free consultation with one of our lawyers, call our office today at (727) 451-6900 or send us an email through our online contact form available here.

1 http://www.cdc.gov/traumaticbraininjury/pdf/BlueBook_factsheet-a.pdf
2 http://newsroom.ucla.edu/releases/traumatic-brain-injury-a-threat-213647

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

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

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Traumatic Brain Injuries in Sports

TBI & Sports InjuriesWhen you decide to play a sport, you are generally accepting that game play has the chance to result in certain types of injury, such as fractures, sprains, strains, and more. Such acceptance is referred to in legal terms as “assumption of the risk,”1 and assuming the risk of certain injury relieves the associated sports league, coach, and other parties from liability in the case of injury. This means that you do not have the legal right to recover in court if you simply suffer a sprained ankle during a routine practice or game. However, assumption of the risk does not mean that sports leagues and related parties are completely relieved of all liability for all injuries suffered by athletes. In fact, in many circumstances, athletes are able to prove that another party acted in a negligent or intentional way to cause the injury. If you can prove that your injury was caused by negligence or intentional actions, you will likely be able to recover for all of your injury-related losses.

Negligence and sports-related brain injuries

While sprains and strains may heal relatively quickly with some rest and physical therapy, many sports carry the risk of much more serious injuries. One such injury is traumatic brain injury, commonly referred to as TBI. TBIs are especially common in contact sports such as football or hockey. While getting hit in the head may sometimes be a natural part of such sports, on other occasions negligence may contribute to athletes suffering from a TBI. Some examples of negligence that may lead to a TBI in sports include the following:

  • Not providing proper safety equipment, such as helmets
  • Manufacturers selling defective helmets or safety equipment
  • Not providing proper medical attention to athletes after a blow to the head
  • Encouraging a player to return to playing the game too soon after a blow to the head
  • Encouraging fighting or other rough play for the entertainment of fans
  • Wrongful acts by other players

Former players of both the National Football League (NFL) and the National Hockey League (NHL) have brought class action lawsuits against the sports leagues in response to long-term effects of traumatic brain injuries caused by negligence of the sports leagues. The NFL agreed to settle2 for approximately $765 million with players suffering from early onset dementia, Alzheimer’s, Parkinson’s disease, chronic traumatic encephalopathy (CTE),3 and more. The NHL lawsuit is still pending, however the NFL case serves as an example of how sports leagues, coaches, and more may be held liable for traumatic brain injuries that were suffered while playing a sport.

Losses suffered after a TBI

If you have experienced a traumatic brain injury, your recovery may include extensive medical treatment, rehabilitative therapy, and many other struggles. You may need special accommodations for school or work and you may even suffer long-lasting cognitive difficulties or emotional struggles. If another party was responsible for causing your TBI, you deserve to hold that party liable and be properly compensated for your losses. Calculating losses can often be difficult in cases involving TBI. Though past medical bills and past lost wages may add up to an easily determined amount, future medical expenses and future lost income may be more complicated to estimate. Such estimations may require the assistance of medical and financial experts to ensure you receive the amount you deserve. Other difficult estimations include appropriate reimbursement for your physical pain, emotional struggles, loss of enjoyment of life, and more. At the Dolman Law Group, our Florida brain injury lawyers are committed to helping victims of TBI recover the full amount they deserve. We offer free consultations, so if you have been injured, call today at 727-451-6900 for assistance today.

1http://en.wikipedia.org/wiki/Assumption_of_risk 2https://www.nflconcussionsettlement.com/ 3http://en.wikipedia.org/wiki/Chronic_traumatic_encephalopathy

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

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

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Quick Facts about Traumatic Brain Injuries

Traumatic brain injuries, or TBIs, occur when a blow or jolt to a person’s head results in a disruption in normal brain function. The Centers for Disease Control and Prevention (CDC) indicates1 that approximately 1.7 million people in the United States sustain a TBI each year. TBIs can occur in a variety of ways, but when they happen in preventable accidents, victims can often recover for their injuries and other losses by filing a personal injury claim against the party or parties that caused their injuries. Consequently, it is essential that anyone who has sustained a TBI discuss their options with an experienced Clearwater personal injury lawyer as soon as possible. TBI victims should be aware that their claims are subject to a strict statute of limitations2, meaning that there is a limited amount of time in which a person can file a claim.

The attorneys of the Dolman Law Group are dedicated to helping TBI victims protect their legal rights and are available to discuss your case with you at no charge. In fact, we never request legal fees from any of our personal injury clients unless we successfully recover compensation on your behalf. As a result, you should not hesitate to call the Dolman Law Group immediately to schedule a free consultation with one of our experienced personal injury attorneys.

In the meantime, below are some facts about traumatic brain injury that may be relevant to many victims and their families.

  •  Traumatic brain injuries account for 225,00 hospitalizations and 1,365,000 emergency department visits each year.
  • Across all age groups, males are more at risk for TBI than females.
  • Children from 0-4, older adolescents aged 15-19, and adults over 65 are the age groups most likely to sustain a TBI.
  • Just under 500,000 children 14 and under visit an emergency due to a TBI each year.
  • The age group with the highest rate of hospitalization for TBI is adults over 75.
  • Male children 4 and under have the highest combined rates for emergency department visits and hospitalizations due to TBI.
  • Falls are the most common cause of TBI, and the groups at the highest risk of such falls are small children and older adults.
  • TBIs resulting from falls most often require emergency department visits or hospitalization.
  • Between 2002 and 2006, emergency department visits and hospitalizations due to TBI increased by over 5 percent.
  • Between 2002 and 2006, TBIs caused by falls among children under 14 increased by 62 percent.
  • The most common of TBIs, in order of occurrence, are falls, being struck by or against an object, traffic-related accidents, assaults, and other causes.
  • Almost 300,000 people suffer TBIs in traffic-related accidents annually.

Common issues associated with traumatic brain injuries

Traumatic brain injuries can leave victims with serious physical and cognitive impairments that have the potential to have a significant impact on their daily lives. In some cases, the after-effects of a TBI could keep a person from working or even being able to live independently. Of course, the severity of the complications experienced by victims is directly related to the severity of the initial injury. Some of the kinds of complications that victims can experience include the following:

  • Emotional problems
  • Difficulty communicating
  • Problems with memory
  • Issues with motor skills
  • Problems with speech

Fortunately, Florida tort law allows people who are injured by the negligence of others to recover for both their economic and non-economic damages. There are a variety of ways that negligence can lead to traumatic brain injuries, including careless driving, failure to properly maintain premises, negligent supervision of children, or careless product design or manufacture. By discussing your case with an experienced lawyer, you can be sure that your legal rights are protected and that you obtain the compensation to which you are entitled.

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

1http://www.cdc.gov/traumaticbraininjury/pdf/blue_book.pdf

2http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0095/Sections/0095.11.html

 

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Traumatic Brain Injuries can Occur in a Variety of Ways

Causes of Brain InjuryConcussions and traumatic brain injuries have been in the news as of late, with several high profile lawsuits between professional athletes and their respective leagues resulting in multi-million dollar settlements1 and changes to rules and safety equipment.

The Centers for Disease Control and Prevention report that approximately 1.7 million people2 sustain a traumatic brain injury (TBI) each year in the United States. TBIs occur when a bump or violent jolt to the head causes an injury that results in a disruption in normal brain function. Importantly, contact between the head and an external object does not need to occur in order for a person to sustain a TBI; these injuries can also occur in cases of sufficiently forceful whiplash as well. Because of the potentially serious complications that can accompany a TBI, it is extremely important that victims protect their rights by retaining a Clearwater personal injury lawyer as soon as possible.

The attorneys of the Dolman Law Group have been assisting people injured in preventable accidents since 2009, and are dedicated to providing each client with individualized and solution-based representation. When you retain our firm, you can rest assured that every legal aspect of your case will be handled by a licensed Florida attorney, rather than a member of our support staff. Call our office today at 727-451-6900 to schedule a free consultation with a personal injury lawyer.

What kinds of accidents commonly cause TBIs?

Any accident that involves a bump or jolt to the head has the potential of causing a TBI. Some of the more common include the following:

Motor vehicle accidents - Accidents involving cars, trucks, and other motorized vehicles often involve tremendous force that can easily cause a TBI. In some cases, a TBI will be caused by the head striking part of the car in which a person is riding, while in others, a whiplash injury is the cause of a TBI. Additionally, a person may be ejected from a vehicle and be involved in a secondary collision with the ground or another object that causes a TBI.

Slip and fall accidents – While the vast majority of slip and fall accidents result in little more than embarrassment and perhaps a sore spot the next morning, they have the potential to result serious injury, including TBI. In fact, the National Safety Council (NSC) reports3 that slip and fall accidents account for nearly 9 million emergency department visits in the United States each year. When these accidents occur on someone else’s property, victims may be able to recover for their losses through a Florida premises liability claim.

Sport injuries and accidents - Generally speaking, injuries sustained in the normal course of a sporting event are not actionable, meaning that victims will not be able to successfully bring a legal claim to recover for their losses. This is due to a legal doctrine known as “assumption of the risk4,” which basically means that people who participate in a knowingly dangerous activity give up their right to sue for injuries that occur as part of the inherent risk of that activity. There are some cases, however, in which a person who sustains a TBI during a sporting event may be able to sue. These include:

• Injuries caused by defective equipment
• Injuries caused by poorly maintained sporting premises
• Injuries caused by the reckless conduct of another participant
• Injuries caused by another participant’s intentional conduct

After a sports injury resulting in a TBI, victims should be certain to discuss their situation with an experienced Clearwater personal injury lawyer in order to determine whether they have a claim.

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

Anyone who has sustained a TBI in Florida should retain legal counsel as soon as possible. To schedule a free consultation with one of our personal injury lawyers, call our office today at 727-451-6900.

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

1http://www.reuters.com/article/2014/11/19/us-nfl-concussions-idUSKCN0J31BJ20141119

2http://www.cdc.gov/traumaticbraininjury/pdf/blue_book.pdf

3http://www.nsc.org/NSCDocuments_Advocacy/Fact%20Sheets/Slips-Trips-and-Falls.pdf

4http://en.wikipedia.org/wiki/Assumption_of_risk

 

 

 

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The Myths of Traumatic Brain Injuries

Brain Injury AttorneyA traumatic brain injury (TBI) is any traumatic damage dealt to the brain by an external force. The most common causes of TBIs are motor vehicle accidents, slip/trip and falls, and propelled or falling objects colliding with one’s head. It’s also possible for self-inflected traumatic brain injuries to occur, such as someone standing up too fast and banging their head on a countertop.

Let’s take a look at some of the most commonly heard myths pertaining to injuries to the brain.

1.) The injury wasn’t serious because the patient was only in the hospital for a short time.

FALSE

The hospital is almost never the place in which rehabilitation will start for a patient. Life-threatening wounds will be treated, examination will occur, a diagnosis will be given, and stability will be ensured. Once that process is over, the hospital will calculate the bills and send the patient on his/her way.

If it was a serious TBI—or one that could cause serious damage in the future if not properly maintained—a patient could be attending a rehabilitation center on their free time.

While it can be assumed that a patient who is released from the hospital and is once again operating with society sustained injuries that were not necessarily serious or life-threatening, this is not always the case.

It’s possible for a patient to have a delayed manifestation. In other words, the damage that was caused by the traumatic brain injury could have disabled a certain part of the brain that is not activated or noticed for months or even years to come.

2.) Younger patients (children) heal faster and more efficiently because their brain is not developed yet.

FALSE

This is painfully wrong. Because a child’s brain is still developing, you might assume that it’s not possible for a child to damage a non-existent part of their brain. While this sounds reasonable, it’s not at all true.

You’re born with very simple brain capabilities and low-complexity. As a baby, a very small amount of your neuron pathways have formed completely, but they will eventually. If you damage the foundation that they are “encoded” to be built upon, it can cause often unpredictable brain damage in the future.

3.) Concussions and whiplash are less serious than other TBIs. 

HALF-TRUTH

This is both true and false. While about 90% of those who endure a concussion or whiplash are diagnosed with only temporary bodily tissue injuries and are sent home from the hospital on the same day, there are some patients who are diagnosed with serious or life-threatening conditions.

CONTACT OUR CLEARWATER & TAMPA BAY AREA BRAIN INJURY ATTORNEYS 

Going back to the opening paragraph, I mentioned the most common ways that someone may receive a traumatic brain injury:
“motor vehicle accidents, slip/trip and falls, and propelled or falling objects colliding with one’s head.”

All of these accidents are open to the possibility that they were caused by another party or person’s lack of care.

If you or a loved one has suffered or is currently suffering from a traumatic brain injury which was the result of someone else’s negligence, you may be eligible for compensation.

We understand how life changing a traumatic brain injury can be to a patient or the family of same, and we also understand that no amount of compensation can replace the life of a loved one who was victim to a wrongful death. It should be noted, however, that receiving monetary compensation for an accident could be crucial to the continued well-being of a family.

Medical bills, funeral costs, rehabilitation fees, and countless other charges that may arise can put anyone involved in great stress. By receiving both mental and monetary support, it can make dealing with the situation that much easier; even if it is only a little.

Dolman Law Group aims to support those who are injured, suffer mental and emotional distress, or are wrongfully killed by the careless actions of another party.

Contact us today for a free consultation and case evaluation by an experienced brain injury lawyer and learn your rights and options.

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

Practice Area: Brain Injuries

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