Litigating a Traumatic Brain Injury Case Requires Significant Resources

Human brain illustrated with millions of small nerves - ConceptuApproximately 1.7 million people sustain a traumatic brain injury each year in the United States, according to the Centers for Disease Control and Prevention.1 Traumatic brain injuries, often referred to as “TBIs,” often leave their victims with significant physical, mental, and emotional problems. Even mild TBIs can leave victims with headaches, memory problems, difficulty concentrating, and an inability to work for weeks, if not months. Severe TBIs, on the other hand, can result in cognitive or physical problems that can last a lifetime and may even result in the need for in-home or around-the-clock medical care.

Fortunately, in many instances, Florida law2 entitles victims of TBI injuries caused by the negligence of others to significant financial compensation for their losses, including their medical expenses, lost income, loss of enjoyment of life, and loss of future earning potential, among others. While the vast majority of cases are settled long before either party sees the inside of a courtroom, in some TBI cases, it becomes necessary to file a lawsuit in order to ensure that a victim is properly compensated. When this occurs, it is essential for victims to have the representation of a qualified and experienced personal injury attorney. Many people do not realize the significant resources that are often required to litigate a personal injury case, and victims generally do not have the time, money, or legal expertise to adequately represent themselves. By retaining a law firm like the Dolman Law Group, victims can maximize their chances of recovery. Below is some information detailing why it is important to retain an attorney and how an attorney can help.

Litigating a traumatic brain injury case can require a significant investment of time

If a case is going to trial, that means that there are contested issues that the parties are unable to resolve between themselves. As a result, each side will be trying to establish its case by presenting evidence in support of their position. The kinds of evidence that may be relevant in TBI case include:

  • Medical records
  • Vehicle maintenance records
  • Incident reports
  • Police reports
  • Surveillance footage
  • Witness interviews
  • Photographic evidence of a condition on a premises

After an accident resulting in TBI, the process of obtaining and reviewing evidence may take hundreds of hours. In addition, people who are unfamiliar with personal injury law will generally be unaware of the evidence that must be gathered and the way in which it should be presented to the court. Retaining an attorney who is familiar with litigating personal injury will ensure that this process is conducted quickly, efficiently, and accurately.

Litigating a traumatic brain injury case can require a significant investment of money

In many TBI and other types of personal injury cases, a significant amount of money is required to adequately prepare for and conduct a trial. The use of specialist expert witness and consultants is often required, and these parties regularly charge hundreds of dollar per hour. When you retain the attorneys of the Dolman Law Group, our firm pays for these up-front costs and will not collect any fees from our clients unless we successfully recover a settlement or award on their behalf. Any payment we receive will be collected as a percentage of your total recovery, so at no point will you be required to reach into your pocket to pay your attorneys.

Contact a Tampa TBI attorney to schedule a free case evaluation

Effectively litigating a serious traumatic brain injury case is extremely difficult for a victim to do without retaining legal counsel. The representation of an attorney can have a significant impact on the outcome of a TB and, in some cases, can mean the difference between recovering nothing and or a significant sum. In addition, generally speaking, represented parties obtain more compensation than those who choose to represent themselves. The Dolman Law Group is a team of experienced Tampa TBI lawyers who are committed to protecting the legal rights of their clients. 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/traumaticbraininjury/pdf/BlueBook_factsheet-a.pdf
2 http://www.leg.state.fl.us/statutes/

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What Kinds of Damages Are Available After a TBI Injury?

brainTraumatic brain injuries (TBI)1 can be very costly for victims. If you suffered a TBI due to the negligence of another party, you have the legal right to seek damages2 for all of your related losses. The following are examples of types of losses requested in TBI cases:

Medical bills

Medical expenses following a traumatic brain injury can be overwhelming for a victim and their family. Every TBI is different and treatment will depend on the severity and nature of the damage to the brain tissue. Expenses may be for the following:

  • Emergency trauma care
  • MRIs and other tests
  • Stabilization of brain swelling
  • Hospitalization
  • Visits to a neurologist or other specialists
  • Rehabilitative therapy
  • Assisted living or home health care

As you can imagine, the bills for all of these treatments can add up and can cause financial issues for a TBI victims. Fortunately, medical bills are generally the most common form of damages recovered in a TBI case.

In addition to medical expenses incurred prior to filing a legal claim, some TBI victims require ongoing care for many years following the case and sometimes even for the rest of their lives. Victims of negligence deserve to recover for the estimated cost of future treatment, as well. Such estimations often require the assistance of a medical expert and can involve large amounts of money.

Lost wages

Victims of a traumatic brain injury often require a significant amount of rest in order to fully recover. Returning to regular activities too early can impede recovery and may even put victims at risk of dangerous repeat brain injuries. For this reason, TBI victims often must miss at least some work during their recovery time. If you miss work due to a brain injury, you deserve to recover all of the lost wages that you would have earned had you been able to go to work. Pay statements and similar financial documents can demonstrate the amount of income you lost due to your TBI.

Some severe TBI victims are never able to return to their previous jobs as they will no longer have the brain function to perform their job tasks. If they are able to work at all, the opportunities may be limited to lower-paying or part-time jobs. In such cases, the victim may seek damages for all future earnings they have lost due to the injury. “Earnings” can include wages, bonuses, overtime, benefits, retirement savings, and more for the rest of an individual’s work life capacity. This calculation must also take into account economic conditions, inflation, and more and requires the help of a financial expert. 

Pain and suffering

Pain and suffering are not a tangible, quantifiable losses like lost wages or medical expenses. Instead, this is known as noneconomic damages and determining when you can recover this type of damages under Florida tort law3 can be complicated. In order for pain and suffering damages to be available, a victim typically has to suffer one of the following:

  • Permanent or significant loss of important bodily functioning (such as brain function)
  • Permanent injury
  • Permanent or significant disfigurement or scarring

For this reason, pain and suffering damages are generally available in cases involving more severe TBI.

Emotional distress

Traumatic brain injuries can cause many challenges and limitations for victims. Both the injury itself and the limitations caused can result in serious emotional issues, as well. Victims of serious injury due to negligence can often recover for emotional distress caused by the injury and the treatment needed for the emotional issues. There is no set formula to determine emotional injuries, however, so you always want an attorney who understands how to seek this type of damages.

Find out how a skilled traumatic brain injury attorney in Clearwater can help you today

Whether you have relatively minor losses from a TBI or your past and future losses may reach into the millions, do not hesitate to call a brain injury lawyer at the Dolman Law Group for help. We offer free consultations, so please contact us 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.ninds.nih.gov/disorders/tbi/tbi.htm
2https://www.law.cornell.edu/wex/Damages
3http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0768/0768PARTIIContentsIndex.html

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Sustaining a TBI Out-of-State – Frequently Asked Questions

 

Female DoctorAccidents can happen anywhere, and in some cases may be more likely to occur when we are familiar with our surroundings. Traumatic brain injuries1 are a type of injury that occurs when a blow or jolt to the head results in a disruption in the way the brain normally functions. They can occur in a number of ways, but are most often the result of falls, unknown causes, struck by or against events, motor vehicle accidents, and assaults, in that order. When accidents resulting in a traumatic brain injury occur when a person is traveling outside of their home state, they may be confused and unsure of what to do next. Below, we have tried to answer some of the most frequently asked legal questions regarding sustaining an out-of-state injury. For more information or to discuss your particular case at no charge to you, call our office today at 727-451-6900.

Will I be able to recover for my injuries?

Whether you will be able to recover for your injuries depends on a number of factors and the state law that is applicable to your case. In general, people who are injured by intentional acts or in accidents that are caused by someone else’s negligence will be able to recover for their injuries. While each state has different laws regarding negligence, it generally involves a person not conducting himself or herself with the degree of care that would be exercised by a reasonable person in similar circumstances.

When should I contact an attorney?

People who sustain a TBI anywhere should contact an attorney as soon as possible. Each state has its own statute of limitations on tort2 actions, so waiting to retain legal counsel could potentially result in the loss of your right to recover for your injuries.

Where can I file a claim?

Where you can file a claim depends on the specific circumstances of your case. Generally speaking, you will always be able to file a claim arising from an injury-causing accident in the state in which the accident occurred. In addition, if you were injured by the negligence of a business entity that operates in your state, you will likely be able to file a lawsuit in the state in which you live. Jurisdictional questions are often extremely complicated, so victims with questions about where they can file a claim should discuss their specific circumstances with an attorney.

Do I have to retain an attorney in the state in which the accident took place?

Not necessarily. As discussed above, there are circumstances in which an out-of-state accident can be litigated in a victim’s home state. In addition, attorneys are often allowed to practice in jurisdictions in which they are not admitted on a limited basis. In addition, your attorney can represent you in settlement negotiations with an insurance company regardless of where an accident takes place.

What kinds of damages are available in an out-of-state TBI accident lawsuit?

Again, the kinds of damages available after a TBI accident will depend on the state in which your case is filed. Generally, the kinds of damages available include those for medical expenses, lost income, loss of quality of life, loss of future earning potential, and compensation for physical and emotional pain and suffering. In some cases, punitive damages may be available as well.

Contact a Clearwater traumatic brain injury lawyer today to schedule a free, no-obligation case evaluation

Individuals who have sustained a TBI while traveling out of state should contact an experienced personal injury lawyer as soon as possible. While jurisdictional issues may arise, an attorney licensed in your state may be able to file suit on your behalf, and at a minimum, refer you to another law firm that will be able to represent you. The Clearwater TBI attorneys of the Dolman Law Group are dedicated to helping people who have been in a preventable accident recover for their injuries. To schedule a free consultation with one of our attorneys, please 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.ninds.nih.gov/disorders/tbi/tbi.htm
2 https://www.law.cornell.edu/wex/tort

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How Can a Clearwater Traumatic Brain Injury Attorney Help Me?

a man in his desk with a nameplate in front of him with the wordTraumatic brain injuries,1 or TBIs, are among the most serious type of injury that a person can sustain. They can occur during virtually any physical activity, ranging from walking down the sidewalk to participating in contact sports. TBIs occur when a bump, blow, or jolt to the head results in a disruption in the way the brain normally functions.

According to statistics2 published by the Centers for Disease Control and Prevention (CDC), approximately 2.5 million TBIs occurred either as isolated injuries or in combination with other injuries during 2010. In many cases, TBI victims sustain significant losses, including substantial medical expenses, lost income due to missed work, physical and emotional pain and suffering, and loss of quality of life, as well as others. In some cases, TBI victims develop disabilities that can affect them for years or even for the rest of their lives. Fortunately for victims, the assistance of an experienced Clearwater TBI attorney can help victims recover significant financial compensation after an injury occurs. Some of the ways that an attorney could help you are detailed below.

Evaluate your claim

Not all TBI injuries result in a legal claim. In order to be able to recover, a person who sustains a TBI in an accident must be able to establish that his or her accident was the result of someone else’s negligence, or alternatively, that the incident that caused the accident would not have occurred in the absence of negligence. When you first meet with an attorney, he or she will evaluate your case and advise you as to whether you may be able to recover.

Obtain evidence in support of your case

In many cases, establishing that negligence was the cause of an accident resulting in a TBI requires a significant amount of investigation and the gathering of evidence. An attorney familiar with representing people who have been injured in preventable accidents will uncover and collect any evidence establishing the negligence of the other party or parties, should it exist. In many cases, getting this type of evidence requires the use of legal procedures such as depositions, interrogatories, requests for admissions of facts, or requests for production of documents. As a result, the assistance of an attorney can be essential in developing the strongest case possible.

Engage in settlement negotiations with the other party or insurance company

The vast majority of TBI cases do not ever see the inside of a courtroom. Most often, the issue of liability is conceded, which means that the only issue that needs to be resolved is the amount of compensation one party will pay to the other. People who are unfamiliar with personal injury law often significantly undervalue their cases, and insurance companies will sometimes take advantage of unrepresented parties by offering them an unreasonably low settlement award. Once a settlement award is accepted, victims are unable to bring a legal claim to recover for their losses. When victims retain an attorney, it significantly strengthens their bargaining position, generally resulting in much higher settlement offers.

File suit on your behalf

In some cases, the party responsible for a TBI injury refuses to make a reasonable settlement offer or concede liability. In such cases, it may become necessary for a TBI victim to file a lawsuit in order to recover for his or her injuries. An attorney will file a lawsuit and, if necessary, conduct a trial on your behalf.

Contact a Tampa TBI attorney today to schedule a free consultatio

It is highly advisable for individuals who have sustained a traumatic brain injury as soon as possible after an accident occurs. The lawyers of the Dolman Law Group have been representing the legal rights of people who have injured in preventable accidents since 2009 and are committed to holding negligent parties responsible through the civil court system. Importantly, we take all of our TBI injury cases on a contingent fee basis, meaning that our clients do not have to pay anything up front for legal representation. Any legal fees that we collect will be a percentage of the settlement or award we obtain on your behalf. To schedule a free consultation with one of our lawyers, please 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.mayoclinic.org/diseases-conditions/traumatic-brain-injury/basics/definition/con-20029302
2 http://www.cdc.gov/traumaticbraininjury/b

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Risk Factors for Sustaining a Traumatic Brain Injury

Woman having a headache with her head in her hands on white backAccording to the Centers for Disease Control and Prevention (CDC), an estimated 2.5 million people1 either went to the emergency room, were admitted to the hospital, or died due to suffering a traumatic brain injury (TBI). While TBIs can happen to anyone, certain factors often put individuals at a higher risk of suffering a brain injury than others. The following are a few examples of risk factors for sustaining a traumatic brain injury. 

Age is a factor

Brain injuries do not discriminate based on age, however, certain age groups do have higher rates of suffering TBI. Three age groups at particularly high risks2 include as follows: 

  • Young children – Children from birth to age four are at a particularly high risk for suffering TBI mainly due to their tendency to be involved in falling accidents. Falls can occur to young children due to defective products, inadequate supervision, or simply due to an adult dropping them. Because young children do not have the ability to control a fall, they often land on their heads and suffer brain injuries.
  • Young adults – Young adults between the ages of 15 and 24 years are at a particularly high risk of TBI for a few reasons. First, they are relatively inexperienced drivers and are often involved in car collisions, which are a leading cause of traumatic brain injury. Additionally, individuals of this age are more likely to be involved in risk-taking activities that may result in head trauma. Finally, fights and other types of assaults cause a large number TBIs among young adults.
  • Elderly adults – Adults over the age of 75 are also a high-risk group for TBI. This is because they are prone to falls due to increasing challenges with balance and coordination. Furthermore, older adults have less of an ability to recover from a serious injury, so they often feel greater effects of brain injuries.

Participating in certain sports

Contact sports always present a risk of traumatic brain injury. Even if they wear helmets and other protective gear, individuals who participate in sports such as football, hockey, or boxing have a notoriously high rate of TBI. Other athletes who play sports that involve hard, fast-moving balls like baseball or tennis can also sustain TBI if they are hit by the ball.

In addition to contact sports, people who often bike, run, or walk near traffic have a high chance of being involved in an accident that can cause a brain injury.

Working in certain professions

Some of the leading causes of traumatic brain injuries are falls and being struck by an object or against an object. Not coincidentally, these are all also leading causes of injury to workers in the construction industry. Individuals who work in construction or other similarly dangerous industries commonly have to take time off work due to traumatic brain injuries. Other professions that have a higher risk of TBI include law enforcement officers due to the risk for gunshots or assaults and anyone who drives a motor vehicle as a regular part of their job.

Suffering previous brain injuries

Anyone who has suffered a prior traumatic brain injury can be at a much higher risk of sustaining a subsequent injury if they experience another jolt or blow to the head. In addition, if a person is hit in the head before a previous TBI has completely healed may be at risk for a highly dangerous condition called second impact syndrome.3 Second impact syndrome can cause severe swelling of the brain and often leads to death. Anyone with a recent brain injury should be very careful to avoid anything that puts them at risk for another TBI.

Find out how an experienced traumatic brain injury attorney can help you today

Whether you are in a high-risk group or not, if you sustain a TBI due to the negligence of another party, you deserve to obtain full and fair compensation from that party to cover all of your injury-related losses. The experienced traumatic brain injury lawyers at the Dolman Law Group will fight for your rights as an injured victim, so 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:

1http://www.cdc.gov/traumaticbraininjury/get_the_facts.html
2http://www.mayoclinic.org/diseases-conditions/traumatic-brain-injury/basics/risk-factors/con-20029302
3http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2672291/

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What Steps Should You Take After Sustaining a TBI in a Commercial Establishment?

 

"Stroke" (cerebrovascular accident)Going to restaurants, stores, cafes, shops, and other retail establishments is an everyday part of life for many people who live and work in the Tampa area. While the vast majority of these visits are without incident, each day individuals sustain injuries while visiting property owned and managed by others. While in many cases, these injuries involve little more than a bump or a bruise, they can also be serious and may involve head trauma resulting in a traumatic brain injury,1 or TBI. TBIs occur when an external mechanical force results in an injury to the brain that causes a problem with the brain usually functions. All TBIs are serious injuries, and even those that are classified as “mild” have the potential to result in serious complications and may require long-term medical treatment.

There are many ways that a person could sustain a TBI while in public, including the following:

  • Slip and fall accidents
  • An object striking you
  • Accidental explosions
  • Vehicle accidents

Fortunately for victims, individuals who sustain TBIs while in a commercial establishment often have the legal right to recover compensation for their injuries. An attorney will be able to review the facts of your case and advise you as to whether you have a claim. To schedule a free, no-obligation consultation with one of the Tampa TBI lawyers of the Dolman Law Group, please call our office today at 727-451-6900.

Establishing negligence in a TBI case

After a sudden accident resulting in a TBI or other serious injury, victims can often be extremely confused, in shock, scared, and upset. Unfortunately, the actions that you take in the hours and days following an accident can have a significant impact on whether or not you will be able to recover. Some of the steps that a person who suspects that they may have sustained a TBI in a commercial establishment should take are detailed below.

  • Seek emergency medical treatment – After an accident, the first thing that victims should do is contact emergency medical personnel to ensure that their condition is stable and they do not need immediate treatment. If immediate treatment is deemed necessary, listen to the advice of professionals and go to the hospital or doctor’s office.
  • Report the incident to the management – Once you are certain that your condition is stabilized, you should report the incident to the management and make sure that an official incident report is generated.
  • Undergo a thorough medical evaluation – Sometimes, injuries may not become apparent or symptomatic for a significant period of time after an accident occurs. In addition, some injuries may develop additional complications as time goes on. By having a medical professional thorough evaluate your condition, you can be sure that your injuries are properly diagnosed and treated, and also that there is an official medical record that can connect your injuries to the accident.
  • Contact an attorney – Anyone involved in an accident in a commercial establishment should retain legal counsel as soon as possible. In many cases, the earlier an attorney becomes involved, the better the ultimate outcome of an injury case will be.

Contact a Tampa traumatic brain injury law firm today to schedule a free case evaluation

When people sustain a traumatic brain injury in an accident that occurs on someone else’s property, they are often entitled to significant financial compensation. TBIs have the potential to result in significant economic and noneconomic losses, including loss of enjoyment of life, lost income, physical and emotional pain and suffering, as well as medical bills that could easily be well into the tens of thousands of dollars, if not more. The best way for victims of TBI to get the compensation to which they are legally entitled is to retain qualified legal counsel as soon as possible. The Tampa TBI attorneys of the Dolman Law Group have been representing the rights of individuals injured in preventable accidents throughout the state of Florida since 2009. To schedule a free consultation with one of our lawyers, please 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.mayoclinic.org/diseases-conditions/traumatic-brain-injury/basics/definition/con-20029302

 

 

 

 

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Frequently Asked Questions Regarding Traumatic Brain Injuries

Human Brain AnatomyThe Centers for Disease Control and Prevention (CDC) indicates1 that an estimated 1.7 million people sustain a traumatic brain injury (TBI) each year. Traumatic brain injuries occur when trauma to the head causes injury to the brain resulting in a disruption of normal function. The most common kinds of TBI with which most people are familiar is a concussion. While many of these injuries are self-resolving simply with rest, others require intensive medical treatment and may even necessitate surgery.

Fortunately, in many instances, individuals who sustain traumatic brain injuries in Tampa and the surrounding areas are able to recover significant financial compensation. Retaining a law firm that regularly represents brain injury victims is often the best way to ensure that you get the compensation you deserve. To schedule a free consultation with one of our Tampa brain injury lawyers, please call the Dolman Law Group today at 727-451-6900 or send us an email through our online contact form available here.

Many TBI victims and their families who approach us regarding legal representation have questions regarding TBIs and the way that a personal injury case arising from a brain injury works. Below we have tried to answer some of the most frequently asked of these questions. For more information, please do not hesitate to contact our office to speak with an attorney.

What are the most common causes of traumatic brain injuries?

TBIs can occur from literally any type of injury that has the potential to cause trauma to a person’s head. That being said, certain causes are much more common than others. The CDC reports2 that the five most common causes of TBIs from 2006 to 2010 were falls (40.5 percent), an unknown cause (19 percent), struck by or against events (15.5 percent), motor vehicle accidents (14.3 percent), and assaults (10.7 percent).

Will I be able to recover compensation for the costs and other losses associated with my TBI?

Under Florida law, injuries are compensable when they are caused intentionally or by the negligence of another person. Very broadly speaking, legal negligence occurs when a person does not conduct himself or herself with the degree of care that would normally be used by a reasonably prudent person in similar circumstances. Establishing negligence often requires the presentation of evidence as well as making legal arguments as to what would be “reasonable” in a given situation.

What are the outcomes associated with traumatic brain injuries?

Traumatic brain injuries range from mild to severe and can involve closed injuries as well as injuries that involve a foreign object penetrating the skull into the brain. Similarly, TBIs have an extremely wide range of outcomes, generally in proportion to the severity of the initial injury. In some cases, a person may be completely back to normal in a matter of weeks, while in others, people who sustain a TBI may develop disabilities that make it impossible for them to live independently or engage in everyday activities.

When should I retain an attorney after a TBI-causing accident?

Immediately. Waiting to retain legal counsel can result in the loss or destruction of evidence, an inadvertent admission of fault on the part of the victim, the running of the statute of limitations, the acceptance of an unreasonably low settlement offer, and other negative outcomes.

Contact a Tampa traumatic brain injury lawyer today to discuss your case

A TBI can significantly affect a person’s quality of life and result in tremendous financial strain. In many cases, TBI victims are unable to work for an extended period of time, and in particularly severe cases, may not be able to return to their previous employment at all. In addition, treating a serious traumatic brain injury can easily result in medical bills totaling well into the hundreds of thousands of dollars. Fortunately for victims, the Tampa TBI attorneys of the Dolman Law Group are committed to helping victims of traumatic brain injuries recover for their losses. Our firm prides itself on ensuring that each client we represent receives personal service from our attorneys, and unlike many other personal injury law firms, makes sure that all legal work is performed by a member of the Florida Bar. To schedule a free consultation with one of our lawyers, please 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.cdc.gov/traumaticbraininjury/get_the_facts.html

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Brain Injuries Can Occur in Swimming Pool Accidents

Boy Swimming UnderwaterIn the Florida heat, many people head to the swimming pool on a regular basis to stay cool and have some fun. While a day in the sun should be nothing but enjoyable, many individuals unfortunately suffer injuries in swimming pool accidents. As reported1 by the United States government’s pool safety agency, over 5,000 people suffer injury or die in swimming pool accidents or spas on an annual basis. Injuries from swimming pool accidents can range from minor bruises to fatal drownings. One common injury that victims of swimming pool accidents sustain is a brain injury.

Traumatic brain injury from direct head trauma

Traumatic brain injuries, or TBIs, can result when a person experiences trauma to the head and the brain tissue suffers damage. TBIs can range from minor concussions to severe traumas that result in extensive loss of consciousness, hospitalization, permanent disabilities, and more. Some reasons that swimming pool patrons and visitors suffer brain injuries are as follows:

  • Slipping or tripping and falling while outside of the pool
  • Diving in too-shallow water and hitting their head on bottom of the pool
  • Having slippery surfaces inside the pool that cause swimmers to slip and hit their head on the side or edge of the pool.

Anoxic brain injury

An anoxic brain injury occurs when the brain is deprived of oxygen for a period of time and suffers damage as a result. This type of injury is common in near-drowning accidents and can cause serious symptoms for victims for possibly the rest of their lives. Some symptoms include cognitive issues, memory loss, visual disturbances, headaches, trouble with movement and coordination, weakness, and mush more.

Many swimming pool accidents are caused by negligence

Though some brain injuries suffered around swimming pools are simply accidents. Other times, however, swimming pool accidents happen because a pool owner was negligent. Pool owners have the responsibility under the law to keep the pool and surrounding areas in a condition that will keep visitors reasonably safe. When pool owners are negligent and allow dangerous conditions to exist, they can be held liable for all resulting injuries and losses under the principles of premises liability law.2 Some examples of negligence can commonly lead to swimming pool accidents include:

  • Failing to have an adequate barrier around the pool to prevent unsupervised children from wandering into the pool area and falling in.
  • Failing to have a locking or self-latching gate as the entrance to the pool area with a handle that is out of the reach of small children.
  • Not keeping the pool deck in good condition and free from objects or debris that may cause individuals to trip and fall.
  • Having slippery surfaces surrounding the pool that may cause slip and falls.
  • Having rough or otherwise painful surfaces inside the pool that prevent swimmers from being able to put their feet down or grab onto the side of the pool.
  • Not having drain covers in pools or hot tubs that are in full compliance with the Virginia Graeme Baker Pool and Spa Safety Act.3
  • Not posting proper warning signs or depth markers.
  • Failing to properly maintain diving boards or other pool equipment.
  • Violating any other federal or Florida pool safety regulation.

These are only some examples of ways that a swimming pool owner can be negligent that can lead to TBI and other serious pool-related injuries.

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

If you or your child suffered a TBI because of a dangerous condition at a swimming pool, the experienced traumatic brain injury attorney from the Dolman Law Group in Clearwater, Florida can help you hold the negligent pool owner liable for all of your losses. We understand that a brain injury can have a significant impact on your life and believe you should always receive the maximum amount of compensation that is possible in your case. Consultations are free with no obligation, so please do not delay in calling our law firm at 727-451-6900 for quality and caring assistance today.

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

References:

1http://www.poolsafely.gov/drowning-deaths-injuries/
2http://en.wikipedia.org/wiki/Premises_liability
3http://www.poolsafely.gov/pool-spa-safety-act/read/

 

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Whiplash and Brain Injuries

Driver Suffering From Whiplash After Traffic CollisionTraumatic brain injuries (TBI) occur when the brain collides with the skull and suffers damage as a result. This type of injury is, understandably, most often associated with a victim who suffers direct trauma to the head. However, many people may not realize that a person does not need to actually hit their head on an object in order to suffer a TBI. Instead, TBI can also occur when the head is jolted or shaken so hard that the brain rattles inside the skull.

Whiplash1 refers to a variety of soft tissue neck injuries that an individual may suffer when their head snaps suddenly forward or backward and then back the other way. Whiplash gets its name because the motion of the head is similar to the cracking of a whip. Needless to say, when the head jolts hard enough to cause soft tissue injury in the neck, chances are high that the jolt was also hard enough to make the brain knock against the skull. In this way, whiplash victims often also suffer a traumatic brain injury.

Though we do not often hear of the correlation between whiplash and traumatic brain injury, a medical study2 found that, out of 1200 patients who suffered whiplash, 23 percent also suffered some degree of brain injury. Because only a limited group was examined for this study, the true number of whiplash sufferers who also had TBI may be even higher.

Signs and symptoms of whiplash-induced TBI

Victims who have suffered a traumatic brain injury may experience a wide array of signs and symptoms, many of which can hinder their ability to live a normal life while they recover. Some signs and symptoms may include the following:

  • Headaches
  • Trouble sleeping
  • Fatigue
  • Blurry vision
  • Other sensory issues
  • Moodiness or depression
  • Neck and shoulder pain
  • Difficulty following conversations
  • Inability to express proper emotion
  • Struggling with timed activities
  • Dizziness
  • Confusion
  • Numbness or tingling of extremities
  • Memory problems

Even if the brain injury is relatively minor, the symptoms can cause TBI victims to often experience an interruption in their regular lives. They may be unable to go to school, work, or even do regular everyday activities. Often, brain injury victims will require extended periods of rest as well as rehabilitative therapy. This is all in addition to any treatments required for the soft tissue injuries caused by the whiplash.

Symptoms may be delayed or misdiagnosed

To complicate matters even further, signs and symptoms of brain injuries may go undetected by an immediate medical examiner. Often TBI symptoms can take up to 24 hours or more to show up in a victim. Therefore, if you go to the emergency room or to the doctor directly after an accident, you may not have experienced any brain injury symptoms yet and so the medical professional may not know to perform tests to check for a TBI. In addition, many of the symptoms of TBI, such as headaches, neck pain, or odd sensations in the arms and fingers, are also commonly associated with whiplash, so your doctor may simply attribute y our symptoms to your neck injury. Anyone in a motor vehicle accident should request tests for TBI whether or not you have hit your head on anything during the accident, especially if you suffered whiplash injuries.

An experienced Clearwater, Florida traumatic brain injury attorney can help you recover

Following a car accident case, you need an attorney who knows how to help you recover for all of your injuries that were related to the collision. If you suffered whiplash, your legal team should always look into whether you also suffered any related injuries such as a TBI and will help you receive compensation for all treatments you received. The Dolman Law Group in Clearwater, Florida has a group of attorneys led by Matthew Dolman who has extensive experience not only in motor vehicle accident cases but also in handling claims involving traumatic brain injuries. If you are the victim of a TBI, please call at 727-451-6900 for a free consultation to discuss how we can assist you 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/whiplash/basics/definition/con-20033090
2http://www.prnewswire.com/news-releases/new-study-finds-whiplash-caused-brain-injury-in-over-20-percent-of-cases-100463704.html

 

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Defective Sports Equipment can Cause TBIs

Girl Putting on a baseball HelmutMany people in Florida regularly enjoy sports and other recreational activities on a regular basis. Participation in athletic competitions and events can be an excellent way to exercise and meet people with similar interests. In addition, sports play an essential role in childhood development for many individuals, teaching them valuable lessons such as teamwork, problem solving, physical skills, and the importance of physical fitness.

Unfortunately, participation in sports and other athletic activities also exposes people to the risk of serious physical injury including traumatic brain injury1 (TBI). In fact, the Centers for Disease Control and Prevention (CDC) reports2 that sports and recreation-related injuries were responsible for nearly 250,000 children being treated in emergency departments around the country for injuries that included a TBI or concussion diagnosis. When TBIs are caused by the negligence of others, victims can often recover compensation for their medical expenses, lost income, physical and emotional pain and suffering, loss of quality of life, and other associated losses. Consequently, anyone who has sustained a TBI in a sports-related accident should discuss their options with an experienced attorney as soon as possible. To schedule a free consultation with one of our Tampa TBI attorneys, call the Dolman Law Group today at 727-451-6900.

What is TBI and how can defective sports equipment cause one?

Traumatic brain injuries occur when trauma to the head causes a change in the way that the brain normally functions. The types of head trauma that has the potential to result in a TBI include those that involve actual physical contact with the head and those that simply involve a jolt. As a result, a TBI can be sustained in an accident in which a person’s head never actually came into contact with another object, as can occur in a collision between two athletes. The symptoms of a TBI can include the following:

  • Varying degrees of consciousness
  • Dizziness
  • Nausea
  • Headache
  • Sensitivity to light and sound
  • Ringing in the ears
  • Problems with memory
  • Blurry vision
  • Headache
  • Disorientation

TBIs are extremely serious injuries, so it is important for anyone who suspects that they or someone around them has sustained a TBI to contact a medical professional as soon as possible.

Sports equipment is an essential part to participation in many sports. For example, skates are required to play hockey, just as a batting helmet is required to play baseball. When these pieces of equipment are defectively designed or manufactured and these defects cause injury, victims can often recover for their injuries from the party or parties responsible for providing them with the defective equipment. Examples of the kinds of equipment that have the potential to cause TBIs include the following:

  • Helmets
  • Footwear
  • Protective gear such as wrist guards or kneepads
  • Padding
  • Golf clubs
  • Rollerblades
  • Scooters
  • Skis and snowboards
  • Baseball catcher’s equipment

When these and other kinds of sports equipment are defective, the consequences can be extremely serious. Fortunately, Florida products liability law allows people who are injured by defective consumer products to recover for their injuries in many products. Because these kinds of claims can be extremely complicated and highly contested, it is important for victims and their families to consult with an experienced Florida attorney as soon as possible.

Contact a Tampa Bay traumatic brain injury attorney today to schedule a free case evaluation

When defective sports equipment causes serious injury such as a traumatic brain injury, victims are often able to recover significant compensation for their losses. In many instances, proving that an injury was caused or made worse by faulty equipment requires a significant investment of resources, so it generally recommended for anyone who has been involved in a sport-related accident to discuss the incident with an experienced Tampa TBI lawyer. The Dolman Law Group has been assisting people injured by the negligence of others recover since 2009 and works hard to ensure that each client we represent gets the full value of their claim. Send us an email through our online contact form or call us at 727-451-6900 to schedule a free consultation with one of our attorneys today.

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

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

References:

1 http://www.mayoclinic.org/diseases-conditions/traumatic-brain-injury/basics/definition/con-20029302
2 http://www.cdc.gov/traumaticbraininjury/get_the_facts.html

 

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