Seeking Compensation For Traumatic Brain Injuries (TBIs)
A traumatic brain injury is one of the most serious, potentially dangerous, and life-changing injuries that a person can suffer. However, very often, someone who has sustained a TBI due to the negligence of another person will not wind up receiving any kind of compensation for the harm they have suffered. This happens for many different reasons, but it does not have to. Establishing another person’s negligence can help you get the compensation that you and your family deserve.
Causes & Statistics
Florida statistics estimate that over 20,000 incidents related to TBIs occurred in one year; approximately 3,700 fatalities and over 19,000 hospitalizations in 2013. The highest rate of TBIs was seen in adults over the age of 55, which is somewhat unusual when compared with national statistics – but Florida has a higher-than-average population of elderly people, who may unfortunately be involved in a higher-than-average amount of accidents, especially those involving vehicles. One can also see the prevalence of elderly people in TBI cases if one examines insurance data – Medicare covered the cost for approximately 45 percent of all TBI-related hospitalizations.
The most common medical cause of TBIs is blunt force trauma of some kind, which can occur in any number of ways – examples include motor vehicle accidents, falls, being the victim of crime or physical abuse, and sports injuries like being tackled too hard. TBIs also do occur from oxygen deprivation or infection, though an infection would have to be extremely dangerous and serious before a TBI would result. Every case is different, but certain types of TBIs do reoccur, with similar symptoms.
Each Case Varies Considerably
There are a great many symptoms associated with TBIs, some of which can help to establish the injury’s severity. However, even a “mild” TBI can require long-term treatment, given that symptoms like blurred vision, headaches, and speech impairments may not disappear on their own. The most extreme cases may result in the victim being in a persistent vegetative state or a full coma. Yet every TBI sufferer is different, and because of the highly individualistic nature of these injuries, predicting a recovery time or prognosis is not recommended.
Because of how unique each TBI is, proving the existence of one usually requires the testimony of a medical expert if your case goes to court. It is possible to prevail in these cases, but it is important to be aware of the requirements of using an expert witness. In 2019, Florida made a change to the standard for qualifying expert testimony, swapping from the old Frye standard to the one articulated in Daubert v. Merrell Dow Chemicals (1993), which means that the court must determine the expert’s testimony to be “not only relevant, but reliable.” Make certain that your expert testimony will pass muster.
Contact A Tampa Traumatic Brain Injury Attorney
If you or someone you love has sustained a traumatic brain injury due to another person’s negligence or recklessness, you have been through enough already – if possible, it is worth your time and trouble to try and hold that person accountable. The Tampa brain injury attorneys at the Rinaldo Law Group can offer knowledgeable and compassionate representation during what can be an incredibly difficult time for any family. Contact our offices today for a free consultation.