Recurrent Traumatic Brain Injuries (Second Injury Syndrome)
Traumatic brain injuries are some of the most debilitating injuries that a victim can suffer. When another party contributes to causing a victim’s brain trauma by acting negligently, that person or entity should be held legally responsible. Recurrent traumatic brain injuries are those that result from a second traumatic event, before the first injury is fully healed. As a result, determining liability in the legal proceedings can be more difficult, since a defendant may argue that the victim’s injury predated their involvement, and therefore the defendant’s actions did not cause the brain injury suffered. The Miami brain injurys at the Law Offices have vast experience with these types of cases, working tirelessly to ensure that victims of recurrent traumatic brain injuries receive the support that they need from the parties responsible for causing their pain. If you or a loved one has suffered a recurrent traumatic brain injury as a result of another person’s negligence in a car accident, motorcycle crash, slip and fall, or other accident, our attorneys are available to answer questions regarding your potential claim.Recurrent Traumatic Brain Injuries
Recurrent traumatic brain injuries, also known as second injury/impact syndrome, occur when a victim has suffered a traumatic brain injury and then suffers a second injury before the first injury has had a chance to heal properly. A recurrent traumatic brain injury can occur days, or even weeks, after the initial brain trauma. Second injury syndrome may lead to rapid and significant brain swelling, as well as permanent impairment. Other long-term symptoms of this type of injury may include:
- Muscle spasms
- Difficulty formulating thoughts
- Emotional issues
Although often associated with athletes sustaining repeated blows to the head, second injury syndrome can happen in many different situations. For instance, if a victim previously suffered a minor concussion, and then they are involved in a serious car accident on the next day, in which they suffer a hit to the head, a recurrent traumatic brain injury may result.Determining Who is Responsible for Recurrent Traumatic Brain Injuries
Regardless of a victim’s preexisting conditions, if someone else acts negligently, causing that victim an additional injury, they can be held liable for that harm. In personal injury cases, a victim must show that the defendant breached an owed duty of reasonable care, the breach was a proximate cause of the victim’s injuries, and the victim suffered damages as a result. In situations giving rise to second injury syndrome, a victim must prove that the defendant’s unreasonable actions were the cause of the additional brain injury. Often, extensive evidence needs to be gathered and presented regarding a victim’s medical condition and symptoms before the second impact occurred, as well as expert testimony regarding how the injury followed.
The permanent effects of recurrent traumatic brain injuries often require that victims engage in detailed life care planning in order to properly calculate the costs that they will endure throughout their lifetimes. Damages in these types of claims are based on a victim’s future medical, rehabilitative, social, psychological, and educational needs. After making these assessments, a victim may receive compensation from negligent defendants in the form of past and future medical expenses, loss of income, diminished earning capacity, and pain and suffering.Contact a Knowledgeable Miami Lawyer for Your Personal Injury Case
If you have been hurt, or a loved one has passed away, as a result of a recurrent traumatic brain injury caused by negligence, the Miami lawyers at the Law Offices can help you pursue justice against the responsible party. Call (877) 499-4878 or contact us online to schedule a free, no-obligation consultation about your claim and see how we can help. We represent people in Miami, Fort Lauderdale, West Palm Beach, and other cities in Miami-Dade, Broward, and Palm Beach Counties. Contact our office today to schedule a free consultation to discuss your legal rights and options if you need a car accident attorney or representation in another type of personal injury claim.