How Do I Choose an Attorney for My Brain Injury Case?

3D render of male figure holding head in painWhen you suffer a traumatic brain injury (TBI)1 in a motor vehicle collision, fall, or another type of accident, chances are good that you will want to take care in selecting the medical professionals and specialists who will be providing treatment for you. While physical recovery is extremely important, so is financial recovery from the party or parties who were responsible for causing your accident. For this reason, you should also take great care in selecting an attorney to represent you in any subsequent personal injury claims regarding your TBI.

Too many injured individuals simply choose an attorney by performing a quick Google search or asking friends for suggestions. However, not every lawyer has the knowledge and resources needed to successfully pursue a traumatic brain injury case. For this reason, there are numerous factors you should consider when choosing your attorney, as this decision is almost as important as your choice of doctor and you want to make sure your future is in capable hands.

Provides individual attention

One of the most frustrating things during a legal matter is not being informed of the status of your case or any new developments. Unfortunately, many attorneys fail to provide individual attention to each client for a variety of reasons. If you select a firm that is too large and has hundreds of attorneys, chances are that you will be seen as just a case number and not as an individual client. Conversely, if you choose a firm that is too small, the attorney may be overwhelmed by their caseload and may not have the time to keep you apprised of progress in your case. It is always wise to look for a firm that is small enough to care about their clients but has a legal team that can adequately handle their caseload.

Understanding of the nature of TBI

Victims of traumatic brain injuries face many unique issues that victims of other types of injuries may not. In order to best represent your interests, your lawyer should have a thorough understanding of the nature of traumatic brain injuries and how they may affect you. An attorney who is familiar with the effects of TBI will be better equipped to identify the different legal and/or medical issues that you may face.

Having the adequate resources to pursue your claim

Brain injuries often result from complicated circumstances and it may require significant investigation to identify all of the possibly negligent parties that caused your accident, as well as collecting the evidence needed to prove their negligence. Accident reconstruction experts may be necessary to fully determine the cause of your accident. Additionally, you will also have to prove all of the damages that you seek based on the difficulties you face as a result of your injury. This may require neurologists, psychiatrists, vocational experts, economists, and more, so you want to make sure your attorney has the necessary resources to retain such assistance. 

Willingness and ability to take your case to trial if necessary

Though the large majority of personal injury cases2 are able to reach a settlement agreement before the trial date, some parties refuse to make a favorable offer that will cover all of your losses. In such cases, it may be necessary to take your case to a jury trial to help you obtain the full award you deserve. Too many attorneys will try to convince you to take an inadequate settlement because they do not want to go to trial. For this reason, you should always inquire about a lawyer’s trial experience and philosophy on going to trial, so you can make sure you have quality representation in the courtroom if needed.

Contact the experienced Tampa brain injury attorneys at the Dolman Law Group as soon as possible

The skilled brain injury lawyers at the Dolman Law Group in Tampa have extensive experience helping traumatic brain injury victims obtain the recovery they deserve. We understand the challenges that TBI victims face and we are committed to protecting your rights. If you would like to learn more about how we can help you, call 727-451-6900 for a free consultation 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://scholarship.law.cornell.edu/cgi/viewcontent.cgi?article=1202&context=facpub

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Pedestrians Can Suffer Traumatic Brain Injuries

Calling For AmbulanceAlmost everyone is a pedestrian at certain times, even if you are simply walking from your parking spot into a building. Though walking is necessary, any time you walk near a roadway with traffic, you risk being involved in a collision. Collisions with a motor vehicle can cause particularly severe injuries to pedestrians since they have little to no protection from an impact. Unless a pedestrian walks around wearing a helmet—which is unlikely—they are at risk of sustaining traumatic brain injuries (TBI) should an accident occur. Pedestrians can suffer TBI in other ways, as well, due to dangerous conditions on sidewalks or properties.

No matter how your TBI occurs, you should discuss your case with an experienced Tampa brain injury lawyer as soon at possible. Brain injuries can cause extensive losses due to medical bills, lost wages, and more and you deserve to recover from the liable party.

Pedestrian TBI caused by driver negligence

Pedestrians should be able to safely walk on sidewalks, in crosswalks, or in other designated areas without the fear of getting hit by a car and suffering serious injuries. Additionally, drivers have the legal duty to operate their vehicles in a reasonable safe manner to prevent accidents and injuries to others using the roads, including pedestrians. Unfortunately, too many drivers act in a negligent manner and cause pedestrian accidents, many of which result in a traumatic brain injury.

Some examples of negligent driving behaviors that lead to pedestrian TBI include:

  • Texting or other kinds of distracted driving
  • Failure to yield to pedestrians at crosswalks
  • Violating traffic signals
  • Speeding
  • Drunk driving
  • Aggressive driving in parking lots

Any of the above behaviors and more can cause a pedestrian accident, which often cause TBI. This is because, when an individual is hit by a car, they often either get knocked backward onto the pavement or they can get thrown forward over the hood or even roof of the car that hit them before landing on the street. There is a high chance that a pedestrian accident victims will hit their head in the process and sustain a traumatic brain injury.

Pedestrian TBI caused by dangerous properties

Auto collisions are not the only way that a pedestrian can suffer a serious TBI. Other dangerous conditions may exist in the path of a pedestrian that can result in serious accidents and injuries. For example:

  • Objects can fall from above and hit a pedestrian
  • A pedestrian can slip, trip, or fall1 and hit their head
  • Dangerous stairs or bridges can cause a pedestrian to fall
  • Icy sidewalks can cause falls

These are only some examples of ways that a pedestrian can suffer a blow to the head that results in a TBI.

You should not delay in calling a brain injury lawyer

After a TBI caused by a pedestrian accident, it is only natural that you would want to focus on your physical recovery. During your recovery, you may not have the energy to pursue a possible legal claim for you TBI. However, Florida statute sets out a strict time limit for personal injury claims, which is called the statute of limitations.2 The statute of limitations in Florida for a TBI pedestrian accident claim is four years from the date of the injury. Though four years may seem like a long time, investigation into the circumstances of your accident can become more difficult as time passes. You also do not want to wait until the last minute to contact an attorney as legal claims can often take a significant amount of time to prepare.

Contact a brain injury attorney in Tampa, Florida for a free case evaluation today

Pedestrians who sustain a traumatic brain injury due to the negligence of another party deserve to receive full compensation for all of their medical expenses, pain and suffering, lost income, and other related losses. At the Dolman Law Group in Tampa, Florida, we have a thorough understanding of all relevant Florida laws and procedures and can guide you through the legal process so that you can focus on your recovery. Please call our office at 727-451-6900 for a free consultation today.

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

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

References:

1http://www.nsc.org/NSCDocuments_Advocacy/Fact%20Sheets/Slips-Trips-and-Falls.pdf
2http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0095/Sections/0095.11.html

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Can a Traumatic Brain Injury Affect My Financial Security?

 

Credit card data securityYes, in many cases a traumatic brain injury1 can have significant financial consequences and could have a substantial impact on a person’s financial security. As a result, anyone who has sustained a traumatic brain injury should retain legal counsel as quickly as possible.

The Centers for Disease Control and Prevention (CDC) indicates2 that an estimated 1.7 million people sustain a traumatic brain injury, or TBI, every year. Traumatic brain injuries happen when an external physical force causes an injury to a person’s brain that results in a disruption in normal function. While many TBIs occur when a person sustains a bump or blow to the head, they can also occur in the absence of direct physical contact if the brain is jolted inside of the skull.

TBIs can keep victims from working for weeks, months, or even years

While traumatic brain injuries can range from mild to severe, all TBIs are considered serious injuries. The symptoms and complications that TBI victims sustain are generally in direct proportion to the severity of the initial injury and include the following:

·       Problems with memory

·       Difficulty concentrating

·       Sensitivity to light and sound

·       Difficulty sleeping

·       Dizziness

·       Headaches

·       Difficulty communicating

·       Depression

·       Issues with motor skills

·       Problems with understanding

Even mild TBIs can result in symptoms that last for weeks or months, and the treatment for these kinds of injuries generally involves physical and mental rest, which usually keeps victims from working. In more serious cases, people who sustain TBIs may develop cognitive or physical problems that prevent them from working and may actually necessitate around-the-clock medical care. Consequently, people who sustain traumatic brain injuries may lose a significant amount of income due to not being able to work while they recover. Additionally, in some instances, victims may lose full earning potential of the rest of their career.

TBIS can result in significant medical expenses

People who sustain a traumatic brain injury also can incur significant medical expenses in the course of treating their injury. In some cases, identifying and treating a TBI may involve several visits to the doctor, imaging procedures such as CT or MRI scans, rehabilitative therapy, and even brain surgery. As a result, people who sustain TBIs often end up with medical expenses well into hundreds of thousands of dollars.

An attorney can help you recover

The combination of lost income and significant medical expenses can have a substantial impact on a person’s financial well-being. Fortunately, in many cases, victims are entitled to financial compensation for their economic losses after a TBI-causing accident. In addition, people who have sustained a TBI can also recover for their non-economic damages, including their physical and emotional pain and suffering and loss of enjoyment of life. The best way for victims to ensure that they receive the compensation they deserve is to retain an attorney familiar with representing the legal rights of people who have sustained traumatic brain injuries.

Can I afford an attorney?

At the Dolman Law Group, we take all of our TBI and other personal injury cases on a contingent fee basis, meaning that we do not collect any legal fees unless we successfully recover a settlement or award on behalf of our client. Consequently, TBI victims can retain legal representation without having to pay anything up front, and any legal fees that are due will be paid as a percentage of their total recovery.

Contact a Tampa TBI attorney today to schedule a free case evaluation

When people sustain a traumatic brain injury due to the carelessness of others, they can often sustain significant financial compensation. Sometimes, the carelessness that led to a TBI injury is not always clear. For this reason, it is important that anyone who has sustained a TBI discuss their case in detail with an experienced Tampa traumatic brain injury lawyer. The Dolman Law Group has been representing the rights of individuals who have been injured in preventable accidents since 2009 and work tirelessly to ensure that each client we represent receives the full and fair value of his or her claim. 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/
2 http://www.cdc.gov/traumaticbraininjury/pdf/BlueBook_factsheet-a.pdf

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Concussion Tests Can Play a Large Role in Recognizing Traumatic Brain Injuries in Athletes

Sports Medicine Words Displayed On TabletThe Centers for Disease Control and Prevention (CDC) reports1 that approximately 1.3 and 3.8 million recreation and sports-related mild traumatic brain injuries occur each year. A traumatic brain injury, or TBI, is an injury to the brain that results in a disruption in normal function. Participation in sports is among the leading causes of TBI, and under certain circumstances, people who sustain a TBI during a sporting event can recover for their injuries and other losses. In order to determine whether you have a claim, call our office today at 727-451-6900. 

Unrecognized TBIs can cause serious additional injury and may result in the development of severe and long lasting medical conditions

Athletes who sustain concussions or other relatively minor traumatic brain injuries in sports often have a positive prognosis if they are properly diagnosed, treated, and take measure to avoid repeated head trauma in the future. Unfortunately, however, a large number of athletes do not receive the necessary care to avoid future and even long-term effects of their TBIs. For example, for many years, management of the National Football League (NFL) and the National Hockey League (NHL) downplayed the risks of head trauma to players. Instead of providing adequate medical evaluations and treatment, players returned to play following a blow to the head. Even if they were diagnosed with a concussion and received treatment, the long-term effects of multiple concussions was concealed from the players so that they would return to playing and risk subsequent brain injuries.

Both former NFL and NHL players have brought legal action against the respective leagues, seeking damages for long-term TBI-related conditions such as:

  • Chronic depression
  • Early onset Alzheimer’s disease
  • Dementia
  • Early onset Parkinson’s disease
  • Chronic encephalopathy (CTE)

In addition to long-term effects, a player faces risks of severe and even fatal injury if they receive a subsequent TBI before a prior TBI has completely healed. In such situations, a player may suffer second-impact syndrome,2 which causes extreme swelling or herniation of the brain and most victims do not survive without medical care within a few minutes of the second head trauma.

Mayo Clinic endorses new test

In a recent announcement,3 the Mayo Clinic stated that it was cooperating with manufacturer King-Devick Test, Inc. to make concussion testing on sidelines of sports games a mainstream occurrence. The sideline testing will especially be promoted for schools and other youth sports, as younger athletes have a greater risk of suffering a concussion and often require more extensive recovery time that adult athletes. The test developed by King-Devick Test can be administered following any type of head trauma during a sports game or practice. In approximately two minutes, the test will alert coaches, trainers, or medical staff that a player should be removed from game play and should be fully evaluated. By giving concrete evidence that a player should not return to play, the Mayo Clinic hopes to reduce the number of complications and neurological issues that may develop if an athlete suffers repeat TBI.

Once the test is widely available to schools, it will be important for coaches and other authority figures to make the proper determination regarding an athlete showing signs of concussion. If a coach fails to remove an athlete with a possible concussion from game play, they should be found negligent and should be responsible for any resulting losses.

Contact a Tampa TBI law firm to schedule a free consultation with one of our attorneys

When concussions or other TBIs are the result of the negligence of another person or party, victims can often recover significant compensation for their losses. The attorneys of the Dolman Law Group have been helping people injured in preventable accidents since 2009 and are knowledgeable personal injury advocates who work hard to ensure that each client we represent gets the full and fair value of his or her claim. We use a contingent fee arrangement for all of our personal injury clients, meaning that we do not collect legal fees unless we successfully recover on your behalf. To set up a free, no-obligation case evaluation with a Tampa brain injury lawyer, call our office today at 727-451-6900.

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

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

References:

1 http://www.cdc.gov/concussion/headsup/pdf/Facts_for_Physicians_booklet-a.pdf
2 http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2672291/
3 http://newsnetwork.mayoclinic.org/discussion/mayo-clinic-and-king-devick-test-announce-licensing-agreement-to-sideline-concussion-testing/

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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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