Traumatic Brain Injury
What is a traumatic brain injury?
A traumatic brain injury (TBI) occurs when an external force injures the brain. It is an injury that directly affects the brain, either through trauma, oxygen deprivation, blood toxicity, or another type of harm. Most TBI claims or lawsuits involve TBIs caused by violent, intense, or high-speed accidents.
Symptoms of a TBI range from mild to severe depending on the extent of the damage, and even a mild TBI can cause permanent dysfunction of brain cells. These injuries frequently produce lasting personality and behavioral changes that significantly impact daily life.
If you or a family member has suffered a TBI in a Florida accident, it is important to contact an experienced personal injury lawyer at Kobren Law today. Brain injury cases are among the most legally and medically complex. Insurance companies routinely dispute the cause of cognitive symptoms and argue that pre-existing conditions explain ongoing impairments. The quality of your TBI attorney directly determines whether you recover the full value of your claim.
What are symptoms of TBI?
Physical symptoms of a TBI may include headache, dizziness, nausea or vomiting, blurred vision, sensitivity to light or noise, fatigue, and problems with balance or coordination. Cognitive symptoms may include confusion, difficulty concentrating, memory problems, slowed thinking, and trouble finding words. Be sure to look out for behavioral changes, such as irritability, anxiety, mood swings, changes in sleep behavior, and sudden sadness. In severe cases, symptoms can include loss of consciousness, seizures, unequal pupil size, slurred speech, weakness or numbness in the limbs, and profound confusion or agitation, which are considered medical emergencies requiring immediate attention.
Symptoms of a TBI after a car crash are not always immediately apparent. They may not appear for days, weeks, or months after the accident. In some cases, a victim is not aware of his or her symptoms until he or she has tried to resume normal, everyday activities or tried to return to work. The elusiveness of TBI symptoms makes it much more important that people seek prompt attention as soon as they suspect they have suffered a TBI after an accident.
Everyone involved in an accident that could cause a TBI should know that while some signs and symptoms are easy to spot, others are more difficult to detect. TBI symptoms also vary depending on the severity and location of the damage. If you or a loved one has suffered a head injury and is experiencing any of the above symptoms, seek medical attention right away. Even mild brain injuries are serious and should be evaluated by a qualified medical professional.
What causes a TBI?
TBIs are one of the most common types of injuries associated with car, truck, motorcycle, and bicycle crashes. High-speed crashes, rollover accidents, and side-impact collisions produce serious TBIs due to the violent forces involved in motor vehicle accidents. Even when wearing a helmet, a motorcycle or bicycle rider can suffer significant brain injury from impact forces transmitted through the helmet. When it comes to truck accidents, the weight differential between trucks and passenger vehicles produces severe TBI in occupants of the smaller vehicle. Slip and fall accidents account for many TBI cases as well. The most susceptible populations to falls are children younger than 14 and adults older than 65. Youth sports concussions and organized sports head injuries are common even with safety and protective gear. Pedestrians struck by vehicles frequently sustain TBIs from the initial impact and the secondary impact with the sidewalk or roadway.
When you sustain a brain injury in a car accident — no matter its cause — have a lawyer at Kobren Law review your case to help you determine how best to move forward. Insurance companies often try to minimize payouts, sometimes even offering swift settlements to make them appear more enticing. Before you accept an insurance settlement, talk to our attorney to understand your options and your rights.
How do motor vehicle accidents cause TBIs?
Motor vehicle accidents are among the leading causes of TBI, and injury can occur even when the head never directly strikes an object inside or outside the vehicle. TBIs can happen even without direct physical impact to the head, such as during violent whiplash or sudden seatbelt restraint stops.
When a direct impact does happen — the head hitting a steering wheel, window, headrest, dashboard, or an airbag — the force can cause a contusion at the point of impact and sometimes a contrecoup injury on the opposite side of the brain as it rebounds against the skull.
Motor vehicle accidents provide ample opportunities for brain injuries because of the forces that arise from the collision of the vehicles involved and the possible impact of a person’s head with objects inside the car.
TBIs can also occur when there are rapid acceleration-deceleration forces, such as those experienced during sudden braking, a collision, or a rollover. In these cases, the violent forward-and-backward or rotational movement of the head causes the brain to move within the skull, stretching and shearing delicate nerve fibers and blood vessels — a mechanism known as diffuse axonal injury. This type of injury is common in whiplash-associated trauma, where the neck and head snap rapidly without ever contacting a surface. Because the forces involved are what drive this kind of damage, individuals can sustain a significant brain injury in a crash even if they show no external signs of head trauma, which is part of why TBI can be missed in the immediate aftermath of a car accident.
Who can be liable for a TBI?
Consult with an experienced TBI attorney from Kobren Law so we can evaluate the merits of your claim and provide legal guidance on who may be responsible for a TBI. Who can be held legally responsible for a TBI depends on how the incident occurred. Liability typically falls on an individual, a company, or an entity whose careless, reckless, or intentional actions caused the accident. The main defendants in a TBI case include:
● Drivers who speed, text, or drive under the influence and cause a crash;
● Property owners who fail to fix dangerous property hazards, leading to slip and falls;
● Businesses, construction firms, and employers that provide unsafe work areas or fail to enforce proper safety rules;
● Companies, auto manufacturers, and product manufacturers that make defective safety gear, helmets, cars or machinery;
● Medical institutions, doctors or staff whose surgical or treatment mistakes cause trauma;
● Government entities and local, state or federal agencies responsible for unsafe or poorly maintained public roads and properties.
What damages can myself and my family sue for in a TBI case?
When someone else’s negligence or wrongful conduct resulted in your brain injury, you may be legally permitted to demand compensation to pay for medical bills, lost wages, and support to help you live as comfortably as possible. Depending on the circumstances of the TBI case, you may also seek compensation for non-economic damages.
TBI victims may pursue two broad categories of compensation: economic damages and non-economic damages. Economic damages mean past and future medical expenses, rehabilitation and therapy costs, lost wages, and reduced future earning capacity. Non-economic damages address pain and suffering, emotional distress, disability, and loss of enjoyment of life. Because the financial and functional impact of a serious TBI often extends decades into the future, these claims typically require expert witnesses to establish the full scope of losses.
When a TBI results in death, surviving family members may also pursue wrongful death damages under Florida law.
In cases where the defendant’s conduct was grossly negligent or intentional, a court may award punitive damages on top of compensatory damages. Punitive damages are designed to punish wrongdoers and deter similar conduct, separate from compensatory recovery.
Florida’s two-year statute of limitations for personal injury claims applies to TBI cases. This is why acting quickly is essential to preserve your right to recover damages in a TBI case.
What evidence is needed to prove a TBI claim?
To pursue a Florida TBI claim, the injured party must establish duty of care, breach of that duty, causation, and damages. Proving causation is particularly challenging because TBI symptoms may be delayed, invisible on standard imaging, or disputed by defense medical experts. Consult a skilled TBI lawyer at Kobren Law right away to help you build a successful case.
Medical evidence is the foundation of every TBI case. The evidence below represents the diagnostic foundation of a strong TBI claim. Cases with thin medical evidence produce much smaller settlements because insurers and juries demand objective proof of brain damage.
● Emergency Records and Initial GCS
● Neuroimaging — CT, MRI, DTI, PET scans
● Neuropsychological Testing
● Treating Provider Records
● Witness testimony
● Video or photo evidence
● Life care plans
Medical providers will classify TBIs using the Glasgow Coma Scale (GCS) — a standardized neurological assessment that evaluates eye opening, verbal response, and motor response. Initial GCS score documented at the scene or in the emergency room is one of the most important pieces of evidence in a TBI case because it establishes the severity of injury at the moment of presentation.
Lay witness testimony from family members documenting behavioral and personality changes is also critical, particularly in mild TBI cases where imaging may appear normal.
What if I’m partially at fault for my TBI?
Under Florida’s modified comparative negligence law, if you contributed to the accident, your recovery is reduced in proportion to your share of fault. If you are 50% or less at fault for the accident that caused your TBI, your compensation reduces by your exact percentage of blame. Florida law prevents you from recovering any compensation if it is determined you are more than 50% responsible for the incident. The opposing party will often attempt to shift blame onto the accident victim or suggest the accident victim was already injured before the accident. This is a standard tactic to reduce or eliminate financial responsibility, and it’s one of many reasons experienced legal representation matters from the start.
How will an attorney from Kobren Law help in my TBI case?
Kobren Law works with neurologists, neuropsychologists, life care planners, and accident reconstruction experts to build strong TBI cases that withstand defense scrutiny. A Kobren Law attorney will investigate the incident and gather evidence, including accident reports, witness statements, and medical records; negotiate with insurance companies and responsible parties for full compensation; and represent you in court, if necessary.
Our firm has recovered seven- and eight-figure settlements for clients, and we accept brain injury cases on a contingency fee basis, meaning there is no fee unless we recover money for you. Clients owe nothing unless compensation is recovered. You pay nothing upfront.
Our traumatic brain injury lawyer knows how to prove liability for a brain injury and the many consequences it causes. We know where to look for proof of negligence and liability, and how to use that proof in a compelling case. If someone’s mistake caused you or a loved one to suffer a brain injury, we want to be the legal team you trust to hold them financially and medically liable.
Kobren Law has a strong track record in successfully resolving cases for individuals injured in Florida or Florida residents injured anywhere in the U.S. We keep our caseload deliberately small to ensure each case receives maximum attorney attention. Call Kobren Law at 561-361-8677 or email help@kobrenlaw.com for immediate assistance.