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Traumatic Brain Injuries After Florida Accidents

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Traumatic brain injuries (TBIs) affect countless people in the United States every year, as one of the major causes of death and disability. If you or a loved one have suffered a TBI due to the negligence or reckless behavior of another person, know that in most cases, you have the right to seek compensation from the person you believe to have been responsible. Contacting an experienced attorney on the subject can help you understand how best to proceed with your case.

Some More Prone To TBI Than Others

Statistics from the Centers for Disease Control (CDC) estimate approximately 61,000 deaths related to traumatic brain injury in 2019. In theory, anyone can sustain a TBI, but some groups tend to be disproportionately more likely than others (though the reasons are usually external, rather than internal health issues). Examples include military servicemembers, the homeless, inmates of correctional facilities or survivors of domestic violence. It is also worth noting that while poor people do not sustain more TBIs than those with higher incomes, they yield the highest percentage of TBI-related deaths, due to a lack of follow-up care.

The most common situations where TBIs occur include falls (which make up almost half of all TBI-related hospitalizations), motor vehicle crashes, and being the victim of a violent crime, such as an assault. Gunshot wounds are another common cause of TBIs, whether inflicted via suicide or by someone else in the commission of an offense. Falls are among the highest concentration of TBI-related incidents in Florida, both because of the lack of pedestrian infrastructure and because of the higher proportion of elderly people in the state.

Filing Suit

If you or someone in your family have sustained a TBI, and you believe it was due to the negligent behavior of another person, you may have a case against them in civil court. This is true even in the event that your TBI occurred in an auto accident – normally, Florida’s no-fault insurance system precludes injury lawsuits from being brought in court, but state law sees cases involving “significant and permanent” injuries as exceptional. You have the right to seek both economic and non-economic (intangible) damages in this kind of suit.

One thing to remember is that in TBI cases, district courts very often require expert testimony from a medical professional versed in this type of injury. This is partly because expert testimony is considered one of the more reliable types of evidence (once an expert is sufficiently vetted), but also because your competency may be questioned in court without one – after all, a TBI can cause personality changes, amnesia, and emotional instability, among other mental health-related issues.

Contact An Orlando Traumatic Brain Injury Attorney

A TBI can be life-altering, and if it happens to you or someone you love, you have the right to seek compensation for the harm you have been through. The Orlando brain injury attorneys at the Hornsby Law Group can offer dedicated and compassionate representation at what can be a frightening time for you and your family. Contact our offices today for a free consultation.

Sources:

flsenate.gov/Laws/Statutes/2020/627.737

cdc.gov/TraumaticBrainInjury/data/index.html

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