Causes of Brain Injuries
Brain injuries are among the most debilitating injuries that an individual may suffer, affecting every aspect of a victim’s life and not only requiring a long rehabilitation period but also often forcing a victim to adjust to a new way of life. There are many possible causes of brain injuries, but a party’s negligent behavior often plays a role. The Miami brain injury attorneys at the Law Offices help victims harmed by someone else’s negligence pursue legal action for the compensation that they may be entitled to receive. If you or a loved one has suffered a brain injury in a car accident, motorcycle collision, slip and fall, or incident of medical malpractice, you may be able to file a personal injury claim to aid in covering your related expenses. Our firm serves people throughout Miami-Dade, Broward, and Palm Beach Counties, including in Miami, Fort Lauderdale, and West Palm Beach. Contact our office today for a free consultation to discuss your legal options.Common Causes of Brain Injuries
There are a variety of ways in which a victim may sustain a traumatic brain injury, also known as TBI. TBI is when a sudden trauma results in damage to the brain, disrupting its functionality. Each year, 1.7 million individuals sustain a TBI nationwide, some of which prove fatal. A brain injury may occur as a result of a victim’s head hitting a stationary object, such as a steering wheel, or as a result of an object piercing the skull and damaging brain tissue, like a piece of metal or glass. Symptoms of a TBI may include loss of consciousness, mood swings, memory loss, headaches, loss of or blurry vision, and headaches. Some common accidents that may lead to serious brain injuries include:
- Car crashes
- Swimming pool accidents
- Motorcycle collisions
- Slip and falls
- Truck accidents
- Negligent medical procedures
Many of these accidents result from someone’s negligent actions. When negligence is a factor in causing a victim’s brain injury, they may file a personal injury lawsuit in order to seek compensation for medical expenses (both past and future), loss of income and earning capacity, and pain and suffering.Liability for Costs Associated with Brain Trauma
To establish liability, a victim with a brain injury must show that a defendant breached their duty of care, that act was a proximate cause of the victim’s injury, and the victim suffered damages as a result. In car accident cases, for example, since all drivers owe one another and others on the road a duty to act as a reasonable and prudent driver would act in similar circumstances, someone who is found to have been excessively speeding or otherwise acting recklessly may be found to have breached that duty. Similarly, medical professionals have a duty to care for patients pursuant to the accepted standard of care in their field. When a doctor’s practices fall below this standard, they may be held liable for brain injuries that result. An employer may also be held vicariously liable for the negligent acts of its employees, such as a hospital for its doctors or a trucking company for its drivers, if they are acting within the scope of employment at the time that the injury occurs.
Calculating the damages related to a victim’s traumatic brain injury often requires life care planning, which assesses the care that will be necessary based on the person’s medical, rehabilitative, social, psychological, and educational needs in the future. These plans are vital in making sure that victims maintain an appropriate quality of life after a devastating accident. Consulting a knowledgeable injury attorney is important in ensuring that the proper steps are taken.Seek Legal Guidance from a Miami Attorney Familiar with the Causes of Brain Injuries
If you have suffered a brain injury as a result of someone else’s negligent actions, the Miami lawyers at the Law Offices can guide you in your legal claims, while you put the necessary effort into your recovery. Call (877) 499-4878 or contact us online to schedule a free, no-obligation consultation to find out more about our services. We assist South Florida residents who need a car accident or representation in many other types of personal injury claims.