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Orlando Personal Injury Attorneys / Blog / Brain Injury / Filing Suit Over A Traumatic Brain Injury (TBI)

Filing Suit Over A Traumatic Brain Injury (TBI)


Statistics from the Centers for Disease Control (CDC) report that almost 65,000 deaths occurred in 2019 that could be attributed to traumatic brain injury (TBI). However, TBI is a type of injury that the average person may not understand fully. If you or a loved one has sustained one of these injuries, it is crucial that you understand the injury itself, and how a person may or may not be liable for causing it.

Difficult To Diagnose

A traumatic brain injury is any injury to the brain, caused by any kind of blunt or penetrating trauma, that affects the brain’s normal functioning. The most common causes of TBIs are falls (particularly in the elderly), auto accidents, and being the victim of a violent crime, though there are others. Because one can sustain a TBI through so many different means, however, it can sometimes be exceedingly difficult to determine whether a TBI has actually occurred or not. Different signs can signal a host of different ailments.

If you have been in an accident or other situation where you sustained blunt or penetrating trauma to the head, it can be easy to convince yourself that your injuries are minor. However, it is always a good idea to get checked out, particularly if your injuries stem from an auto accident. Florida is a no-fault state for auto insurance purposes, and state law holds that one may only use their personal injury protection (PIP) insurance to cover medical bills if they seek treatment within 14 days of the motor vehicle accident.

File Quickly

Even after being diagnosed with a TBI, a person sometimes will be disinclined to file suit against the person or people who allegedly caused it, for a variety of reasons. It is important that they are aware they do not have forever to debate the issue – rather, Florida law grants four years from the date of the accident for the injured person to mount a claim. Over time, evidence may decay or be lost, and memories will disappear. It is in everyone’s best interests to handle claims quickly.

Another reason for quick action on TBI cases is because the nature of a TBI can change. An injury that presents with, for example, a loss of coordination, confusion, or mood swings, may transition into displaying other symptoms at a later point, and an insurance company may refuse to cover bills if the symptoms appear too disparate. Consulting an attorney can help you and yours get a better picture of your situation, and how best to proceed toward seeking compensation.

Call An Orlando TBI Attorney 

Traumatic brain injuries are some of the most serious injuries that a person can sustain, and if you have been unlucky enough to go through this situation, you deserve to recover for the pain and suffering you have endured. An Orlando traumatic brain injury lawyer from the Hornsby Law Group can help answer your questions and manage your concerns. Call our office today for a free consultation.



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