Injured Brains May Age Faster

doctor examining a brain cat scanPeople who have suffered a traumatic brain injury (TBI) often experience many different signs and symptoms that may present numerous challenges for work, school, or everyday living. While these symptoms may be relieved with time and rehabilitation may help a victim to return to normal life, there still may be long-term effects of the brain injury that are not as readily apparent. For example, former professional football players who believed they had recovered after several traumatic brain injuries began developing other conditions as they aged. Many players developed early-onset Alzheimer’s disease or Parkinson’s disease while others suffered from depression and other mental illnesses brought on by repeated brain injuries. A couple of players suffered from chronic traumatic encephalopathy (CTE),1 which is only able to be diagnosed following death though they suffered from many depressive and suicidal symptoms that were not identified.

Keeping an eye on the long-term effects of TBI is important as victims may deserve compensation from any parties responsible for their injury for future struggles. An experienced brain injury attorney will evaluate your case and will fight to make sure you recover for estimated future costs as well as past losses.

Increased brain atrophy

Generally speaking, medical professionals can examine an image of a healthy individual’s brain and determine the age of that individual with relative accuracy. The age estimation is based on the amount of atrophy that has occurred in the brain due to the degeneration of brain cells. A recent study reported in the Annals of Neurology2 examined the effect that a traumatic brain injury may have on the atrophy of the brain. The study involved a control group of 113 individuals who had not suffered a TBI compared with nearly 100 individuals who had suffered minor, moderate, or severe TBI and the related neurological challenges and symptoms. The TBIs had been caused by auto accidents, sports injuries, falls, assaults, and similar causes. 

For all of the healthy brain images, the medical professionals could accurately guess the age of the participant based on their brain matter. However, when they reviewed the brain scans of the past TBI victims, they found that their brains appeared older than they actually were. This was because the brain matter in the TBI victims had atrophied at a faster rate than for the healthy people. People with minor traumatic brain injuries only had a slightly older appearing brain, while victims of severe injuries had brains that appeared substantially older than they should under normal circumstances. Researchers tried to determine whether the cause of the brain injury played a role in future atrophy of the brain but found no difference in TBI victims based on whether the injury occurred due to a car accident, fall, or other reason.

The finding of faster atrophy in the brain in TBI victims only confirms that victims suffer long-term consequences of brain injuries, even if the consequences are not always noticeable or tangible. Many of the effects of brain injuries happen under the surface, which is one reason why a traumatic brain injury is often referred to as a silent injury. This study also confirms that the effects of a brain injury can be ongoing and long-term and that a victim’s brain may suffer structural and functional changes that may be permanent. Brain injury patients should be evaluated and monitored regularly to identify any possible complications that may arise at a later date or that may be ongoing.

An experienced Clearwater brain injury attorney can evaluate your case and guide you through the legal process

Anyone who has suffered a traumatic brain injury in a preventable accident should discuss their situation with an experienced brain injury lawyer in Clearwater, Florida as soon as possible. If another party’s negligence contributed to your accident and injury, you deserve to fully recover for all of your medical bills, lost income, emotional distress, pain and suffering, as well as any estimated future medical treatments that may be required. At the Dolman Law Group, our attorneys understand the challenges that brain injury victims face and strive to help you receive the highest amount of compensation possible. Call to discuss a possible case for free 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://en.wikipedia.org/wiki/Chronic_traumatic_encephalopathy
2http://onlinelibrary.wiley.com/journal/10.1002/%28ISSN%291531-8249

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Can a Property Owner be Responsible for my TBI?

Human Brain AnatomyOf the approximately 1.7 million traumatic brain injuries1 that occur each year, a significant number happen when the victim is on someone else’s property. Traumatic brain injuries, or TBIs, are an injury to the brain that causes a disruption in normal function. In many cases, they occur after a bump or blow to the head, but can also happen when the head jolts quickly causing the brain to move around inside the cranium. When these injuries happen as a result of a dangerous condition on property belonging to someone else, premises liability law often allows victims to recover for their economic and non-economic injuries. The most effective way for victims to determine whether they have a claim and protect their legal rights is to retain a Clearwater traumatic brain injury lawyer as soon as possible. To discuss your case with one of our lawyers, call the Dolman Law Group today at (727) 451-6900. 

How negligent property owners can cause TBI

Business and property owners can be negligent in many ways that may lead to a customer or other visitor suffering a traumatic brain injury in an accident. Some examples of TBI causes by dangerous premises include the following:

  • Hazards that cause a victim to slip and fall, hitting their head on the floor or another object
  • Dangerous stairways that cause a person to fall down the stairs
  • Sports facilities that do not safely separate the spectators from the playing field, resulting in a spectator getting hit by a ball, puck, or another piece of equipment
  • Falling objects, such as ceiling fans, lights, or grates that land on a visitor’s head
  • Having defective shopping carts that cause a small child to fall out and hit their head on the floor
  • Window screens or other barriers that fall out, causing a person to fall to the ground
  • Not having adequate security in an establishment to prevent a violent assault by a third party
  • Playground having poorly maintained equipment or not having proper ground cushion in the event of a fall
  • Amusement parks that have defective restraints on rides and cause a rider to jostle or hit their head
  • Construction sites that are not adequately cleaned up and an individual gets struck by an object or against an object
  • Workplace accidents due to unsafe conditions
  • Nursing homes that do not properly supervise or assist residents, who then fall down

Every property owner owes a duty of care to customers and visitors and, by allowing hazardous conditions that lead to brain injury, a property owner breaches that duty. In order to recover, TBI victims must present adequate evidence in court that an owner had a duty, breached the duty, and that the breach caused or contributed to the accident that caused the injury. You also must show that, if there was a dangerous condition, the property owner knew or should have known about the dangerous condition. All of these showings involve complex legal issues and standards and the assistance of an attorney with premises liability2 experience is imperative.

Additionally, if a property is owned by a corporation, such as a retail outlet or grocery store, the company will likely have a legal team employed to defend against personal injury liability. You always want to have a lawyer who knows how to face off against corporations in a premises liability case to make sure you receive the maximum amount of recovery possible.

Contact the Dolman Law Group today to schedule a free, no-obligation case evaluation with one of our experienced Clearwater TBI attorneys

Anyone who has sustained a traumatic brain injury that occurred on property that belongs to someone else should discuss their options with an experienced attorney as soon as possible. Unlike other personal injury law firms, the Dolman Law Group provides personalized representation and makes its attorneys directly accessible to our clients. 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:

1http://www.mayoclinic.org/diseases-conditions/traumatic-brain-injury/basics/definition/con-20029302
2http://en.wikipedia.org/wiki/Premises_liability

 

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TBI Can Require Extensive Therapy

brain injury attorney floridaThe United States Centers for Disease Control and Prevention (CDC) indicates[1] that there approximately 1.7 million people sustain a traumatic brain injury (TBI) in the United States each year. TBIs can range from “mild” to “severe,” and a concussion is the most common type of traumatic brain injury. While many TBIs are self-resolving and require little medical intervention, they have the potential to require significant and long-term treatment. As a result, many TBI victims are left with significant medical expenses and lose a substantial amount of income due to missed work.

Fortunately, in many cases, these and other losses are recoverable by filing a personal injury claim. The Clearwater traumatic brain injury attorneys of the Dolman Law Group are committed to helping individuals who have sustained a TBI due to the negligence of others. To schedule a free consultation with one of our lawyers, please call our office today at (727) 451-6900.

Common causes of serious traumatic brain injuries
TBIs can occur in a variety of situations. In some cases, even circumstances or activities that seem relatively low-risk can precipitate a brain injury. Some of the more common causes of serious TBIs include the following:

  • Car accidents
  • Truck accidents
  • Sports accidents
  • Playground accidents
  • Pedestrian accidents
  • Recreational accidents
  • Bicycle accidents
  • Slip and falls
  • Accidents caused by defective products
  • Nursing home accidents

All traumatic brain injuries are serious, so anyone who has sustained a bump, blow, or jolt to the head should undergo a thorough medical evaluation as soon as possible.

Types of therapy for TBI victims
After a TBI victim is stabilized, the particular damage must be assessed. TBIs affect different victims in different ways and symptoms can vary widely depending on the location and severity of the injury. Medical professionals will perform a variety of tests to determine the exact physical, cognitive, and emotional effects of a particular TBI. Once a victim’s challenges are identified, professionals will work to develop an individualized plan for therapy and rehabilitation.

TBI victims may require many different types of therapy, including:

    • Physical therapy to help with balance, coordination, and everyday manual tasks
    • Occupational therapy to redevelop and recover skills for daily living and working, if possible
    • Cognitive behavioral therapy (CBT)[2] to change thought patterns and to gear toward problem-solving
    • Psychological or psychiatric therapy, which may include medication, to help a victim cope with the emotional effects and challenges of living with a brain injury
    • Speech and language therapy to assist with expressing thoughts through oral or written communication and comprehending the language of others during conversation
    • Environmental modification to change a victim’s living space to maximize functioning and abilities and limit inherent challenges

Therapy for family members of caretakers to assist with coping mechanisms
While some TBI victims may only need one type of therapy, others may require a combination or even all types of rehabilitation in order to return to regular life as much as possible. Victims may receive therapy in outpatient or inpatient programs, independent living developments, classes, and more. Therapy teams may include rehabilitation specialists and nurses, therapists, social workers, and more. As you can imagine, this type of extensive therapy program can be extremely costly for victims and their families, especially if the victim cannot work during rehabilitation.

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

Traumatic brain injuries can leave victims with serious complications and significant economic losses. At the Dolman Law Group, our team of Clearwater TBI lawyers understands how important it is for victims to hold the party that caused their injury responsible and work hard to ensure each client we represent get the full and fair value of their legal claim. We utilize a contingency fee agreement for all our of our personal injury clients, which means that we do not collect any legal fees unless we bring your case to a successful resolution. To schedule a free consultation with one of our lawyers, please 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/brain-injury-attorneys/

References:

[1] http://www.cdc.gov/traumaticbraininjury/pdf/BlueBook_factsheet-a.pdf
[2] http://en.wikipedia.org/wiki/Cognitive_behavioral_therapy

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Medical Treatment Following a Concussion

traumatic brain injury florida attorneyOf the approximately 1.7 million traumatic brain injuries (TBIs) that occur in the United States each year, a significant number are categorized as concussions. In fact, the Brain Injury Association of America indicates1 that concussion is the most common form of brain injury. While many people may not consider a concussion a serious injury, the reality is that all TBIs require medical attention. In recent years, the adverse and serious cumulative effect of multiple untreated concussions has come to light, particularly in the context of contact sports like football and hockey. Studies indicate that concussions can cause significant problems, even years after the injury occurs, and could make victims more prone to issues later in life such as Parkinson’s Disease or Alzheimer’s. Consequently, it is of the utmost importance that anyone who suspects that he or she has sustained a TBI seeks medical attention immediately.

The costs associated with treating a concussion can be significant. Fortunately, these and other losses are often recoverable if a victim can establish that someone else was at fault for his or her accident. The assistance of an attorney can have a significant impact on your ability to recover. To schedule a free consultation with one of our lawyers, please call our office today at (727) 451-6900.

How are concussions treated?

Of course, the course of treatment recommended by your physician will vary based on the specific circumstances of your case. That being said, there are some standard treatments that will be used in the majority of concussion cases.

  • Rest – According to the Mayo Clinic,2 rest is the most appropriate form of treatment to allow your brain to heal after a concussion. While physical rest is important, equally important is mental rest, meaning that victims should avoid activities that require significant mental exertion, such as schoolwork, video games, text messaging, or using computers. As a result of this mental rest requirement, people who sustain concussions are often required to miss a significant amount of work or school. In addition, victims are advised to get plenty of sleep and to return to normal activities gradually.
  • Pain relievers – Many people who sustain a concussion have significant headaches for some time after the injury occurs. The Mayo Clinic recommends the use of drugs containing acetaminophen rather than aspirin or ibuprofen, as these can increase the risk of bleeding.

It is extremely important that people who suspect that they have sustained a concussion during sports or other physical activity do not return to the activity until they are cleared to so by a physician. Secondary concussions before the initial injury has completely resolved can cause extremely serious complications.

After a concussion-causing injury, victims should collect and record as much information about the incident as possible. This includes taking photographs of any hazardous condition that you believe may have caused your injury, getting contact information from anyone who may have seen your accident, requesting any official incident report that was generated regarding your accident, and obtaining any video of your accident that may exist. Finally, anyone who has sustained a concussion should contact an attorney as soon as possible.

Contact one of the Clearwater TBI lawyers of the Dolman Law Group today to schedule a free case evaluation

A concussion can require significant medical treatment and monitoring that may last for weeks, if not several months. In addition, treating a concussion often involves both physical and mental rest, meaning that victims may not be able to return to work for an extended period of time. Consequently, many individuals who sustain concussions incur significant medical expenses and also lose a substantial amount of income due to not being able to work. Fortunately, Florida law often allows people who sustain concussions because of the negligence of others to recover for these and the other losses that are a result of their injury. The Clearwater TBI lawyers of the Dolman Law Group are seasoned litigators who work hard to help their clients hold the people responsible for their injuries legally accountable. 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.biausa.org/about-brain-injury.htm
2 http://www.mayoclinic.org/diseases-conditions/concussion/basics/treatment/con-20019272

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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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