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Seeking Compensation For Traumatic Brain Injuries


As far as medical science has advanced over time, there is still a staggering amount that we do not know about the human brain. Thus, when someone suffers a brain injury, it can be very frightening for them and for their loved ones. If you have experienced a traumatic brain injury (TBI) due to another person’s negligence, however, you may be able to seek compensation for your medical bills, as well as for any potential life adjustments necessary going forward.

Much More Common Than Thought

Traumatic brain injuries can be very mild, or they can be so severe as to cause behavior changes and other issues. Contrary to popular belief, a TBI can heal after days or weeks, or it can cause permanent damage – one need not even be knocked unconscious to sustain one. Another misconception among most people is that they are isolated, when in reality, there were almost 3 million TBI-related emergency room visits in 2013, with approximately 280,000 hospitalizations resulting where TBI was a factor.

Some of the misunderstanding likely stems from the fact that very often, TBIs do not manifest immediately, and many times, they will mimic other conditions. Slurred speech, disorientation, behavioral changes, and loss of memory or gaps in time can be symptoms of stroke or other neurological conditions that do not come about as a result of blunt trauma. Either way, even minor TBIs can affect major areas of the brain, and it can be a struggle to get your needs managed, especially when money becomes an issue. If your harm is due to someone else’s negligence, it is generally worth it to investigate whether they can be held liable.

TBI Cases Can Be Difficult

While it is certainly not impossible to hold someone liable for your TBI, sometimes Florida law can make it difficult to do so because in most cases, the opinion of a medical expert is necessary. It is certainly not an insurmountable barrier, but it can be hard to obtain an expert’s services, in particular because they can be cost prohibitive. Some people also misunderstand the state’s medical malpractice statute which holds that any expert testimony on the prevailing standard of care in such cases has to be accompanied by an affidavit – no such requirement holds in cases that do not involve medical malpractice.

Another common issue in TBI cases is when the plaintiff has enough evidence to prevail, but may not have accurate estimates for just how much treatment and lifestyle changes may cost them. Certain causes of action can be difficult to appropriately quantify, such as loss of quality of life, loss of marital companionship, and the like, which means that they may be undervalued. It is why so many attorneys tend to ask for inflated figures in terms of noneconomic (non-actual) damages; very often, the estimates originally arrived at for these types of causes of action will be drastic underestimates, and if you do not have enough money to cover your bills at the conclusion of a court case, it is not possible to reopen the case.

Contact A Personal Injury Attorney Today

If you suspect that you or a loved one has sustained a traumatic brain injury, consulting an attorney as quickly as possible is a good idea, so you can have a good idea of your options. The Tampa brain injury attorneys at the Rinaldo Law Group can work with you to try and guide you through what can be a complex process. Contact our office today at 813-831-9999 to schedule an appointment.

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