Accidents That Can Lead to Traumatic Brain Injuries
Traumatic Brain Injuries (TBIs) are tragedies that are surprisingly common across America – Florida included. One reason for the prevalence of TBIs is a simple fact that there are many, many ways in which such an injury can be sustained.
If you or a loved one has sustained a traumatic brain injury, you have a legal right to be compensated by the person who caused the injury. Contact the experienced personal injury attorneys at the Dolman Law Group to ensure that your rights are aggressively defended. We have decades of experience in protecting the rights of accident victims in St. Petersburg and southern Florida.
The Types of Accidents That Can Cause a Traumatic Brain Injury
Auto Accidents: Whether you were a driver, passenger, pedestrian, or biker, brain injuries can be sustained in an auto accident. The chance of injury is greater when a larger, heavier vehicle (such as a semi truck) is involved in the accident. Motorcyclists also face increased odds of sustaining a TBI in an auto accident because they have less protection against the impact from the larger vehicle. The importance of wearing a helmet cannot be overstated.
Sporting Incidents: Contact sports can cause all sorts of injuries, and traumatic brain injuries hold the most potential for severe and permanent damage. Football, in particular, has received extensive media coverage over the potential for brain injuries amongst its players. Professional football players and their families are speaking out against the risk of brain injury in the sport. Unfortunately, traumatic brain injuries can also be caused by sports that do not involve contact. This is what occurred to the actress Natasha Richardson, who died after sustaining a traumatic brain injury in a skiing accident. The fact of the matter is that any sport carries a risk of brain injury.
Workplace Accidents: There are a wide variety of accidents which can occur in the workplace. Slips, trips, and falls are common, and heavy machinery (and other dangerous equipment) can also cause injuries. These injuries vary greatly in severity and in the permanency of the injury. In general, an employee who is injured while performing work duties is entitled to be compensated for his or her injuries through the employer’s workers compensation coverage. Workers compensation coverage covers all losses resulting from the workplace injury. In the case of a traumatic brain injury which caused permanent damage, this can include the employee’s decreased future earning potential. Rehabilitative services and long-term care are also compensable losses.
Slip and Fall Accidents: Slips, trips, and falls are often thought to be small accidents which cause only minor injuries. The reality is that a slip and fall injury can be severe, and some do result in permanent injuries. Slips, trips, and falls are particularly dangerous for elderly patients. Not only do these patients have a more difficult recovery process, but a slip and fall injury can also make an elderly patient more susceptible to other secondary injuries and illnesses.
Military Service Accidents: Traumatic brain injuries amongst servicemen and women have risen greatly over the past fifteen years. According to the Department of Defense’s Defense and Veterans Brain Injury Center, the number of TBIs sustained by active service members was more than three times greater in 2011 than it was in 2000. There are many reasons for this increase in TBIs sustained in the course of military service – for example, the increased prevalence of improvised explosive devices. Veterans deserve the best medical treatment for these critical injuries and full compensation for the losses they sustain in the protection of our country.
It is also worth noting that traumatic brain injuries sustained in the course of military service often occur together with post–traumatic stress disorder. This, too, is a serious condition which requires appropriate treatment from qualified medical and mental health professionals.
Assault and Violent Crime: Crime victims have rights under Florida law. They have the right to be present at criminal hearings against the defendant and to submit a Victim Impact Statement before the defendant is sentenced. Crime victims also have the right to seek a criminal restitution order for their losses, to seek recompense through the Victim Crime Compensation program, and to sue the defendant civilly to be compensated for the injuries and losses sustained during the crime.
When violent crime results in a traumatic brain injury, there are many losses which can be compensated through the civil or criminal justice systems. Medical expenses are the most common. Lost wages are also compensable, and if the injury results in permanent brain damage, the victim is also entitled to recover the future earning potential he or she lost as a result of the injury. Post–traumatic stress disorder also commonly occurs in conjunction with traumatic brain injuries sustained in the course of a violent crime. All expenses for mental health treatment are also subject to compensation by a criminal restitution order, a lawsuit, or an application to the Victim Crime Compensation program.
Chemicals and Toxins: Sometimes a brain injury is the result of chemicals or toxins. These can come from the environment, or from a metabolic disorder which causes chemical disruptions in the brain. Sometimes chemicals and toxins can even cause brain tumors to form. If a third party (such as a chemical manufacturer) is responsible for releasing chemicals or toxins into the air, they may also be responsible for compensating brain injuries which occur as a result of this release.
Experienced Brain Injury Attorneys are Here to Help with Your Claim
The Dolman Law Group has decades of experience in protecting the rights of injury victims in and around the St. Petersburg area. Call (727) 451-6900 to schedule your free consultation with a personal injury attorney today. Our experienced, aggressive attorneys have extensive experience in handling personal injury claims and meeting the unique needs of traumatic brain injury victims. We are your South Florida advocates for justice in your personal injury claim.
Dolman Law Group
800 North Belcher Road
Clearwater, FL 33765