Tampa Bay

Types of Legal Claims That Can Arise From a TBI

Two Doctors Viewing Mri ScansTraumatic brain injury (TBI)1 lawsuits can arise out of a wide variety of circumstances and each case will have its own unique legal issues depending on your specific situation. A qualified Tampa brain injury attorney will know how to identify the legal questions and requirements in your particular case. The following are some examples of legal claims that can result from a TBI.

Negligence of drivers

Almost any type of traffic accident can result in a traumatic brain injury. Traffic-related accidents are often caused by the negligence of other drivers and the following are only some examples of negligent acts that may lead to accidents involving cars, trucks, motorcycles, bicycles, or pedestrians:

Again, there are many more types of negligence that can lead drivers to collide into you and cause your brain injury. Whether you are driving, riding as a passenger, walking, or riding a bicycle, it is very common for you to experience head trauma that results in a TBI.

Premises liability

Premises liability claims arise when property owners do not take adequate care in keeping their premises safe for customers or visitors. Dangerous property conditions can result in many different types of accidents including:

  • Slip and falls
  • Falls down stairs
  • Falls from other heights (such as balconies or windows)
  • Falling objects that land on visitors
  • Dangerously low ceilings
  • Swimming pools accidents

Any of the above can result in an accident victim hitting their head and developing a traumatic brain injury. Even minor concussions can require significant medical evaluations and treatment and victims of TBI deserve to be compensated by negligent property or business owners who were responsible for their injuries.

Premises liability claims can further arise in car accident cases if the collision was caused by dangerous road conditions or hazards. In such cases, a TBI victim would have to bring a claim against the government entity who neglected to properly care for the roadway.

Products liability

Dangerous products lead to millions of accidents and injuries per year in the United States. If a company produces and sells a defective product, it should be held liable for any brain injuries caused by the malfunction of that product. Products intended for babies and children are particularly prone to cause brain injuries for several reasons. First, many baby products are intended to support the child, including cribs, strollers, high chairs, car seats, carriers, changing tables, and similar products. If the product malfunctions and collapses, the infant will fall to the ground and does not have the ability to catch themselves. When they fall, small children often hit their delicate heads. For this reason, these products have a particularly high risk of causing traumatic brain injury.

Auto accident victims can also file a products liability claim if the accident occurred because of a defective part on the car. If brakes, tires, steering, or other important auto parts malfunction and cause you to suffer a TBI, the manufacturer that sold the defective part should be held responsible.

Negligence in sports

Traumatic brain injury is a common injury in sports. While not every sports-related TBI is actionable, you may receive compensation if your TBI was caused by the negligence of another party. Some examples of sports negligence that may lead to a legal claim include:

  • A coach pushes you beyond your skill limit
  • A coach encourages particularly rough play
  • You are not provided the proper medical attention after a blow to the head
  • You are encouraged to return to the playing field after blow to the head
  • Your helmet or other safety equipment was defective
  • Another player intentionally hurt you

Call a Tampa traumatic brain injury lawyer for help today

At the Dolman Law Group, we understand how to handle cases involving traumatic brain injuries. No matter how your TBI occurred, call our office today at 727-451-6900 for a free consultation.

Dolman Law Group
800 North Belcher Road
Tampa, FL 33756




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