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TRAUMATIC
BRAIN
INJURY
At the heart of every brain injury case lies a unique story of trauma, recovery, and the quest for justice.
Our dedicated team at The Sheldrick Law Firm stands at the forefront of advocacy for those impacted by traumatic brain injuries (TBI) in Florida, New Jersey, and New York. With a profound understanding of the complexities and varieties of TBIs—from mild concussions to severe, life-altering injuries—our attorney brings a devoted and focused approach to each case. Whether you're dealing with the aftermath of a car accident, a construction site mishap, or any incident that has left you or a loved one with a brain injury, our firm is equipped to navigate the legal landscape on your behalf. Our commitment is not just to secure the compensation you deserve but to ensure a pathway to recovery and a return to normalcy. Explore how our attorney Kayla Sheldrick and her team can be your advocate and ally in the face of adversity.
ACCIDENTS RESULTING IN TRAUMATIC BRAIN INJURY
Understanding the critical impact of traumatic brain injuries (TBIs) demands recognizing the myriad ways they can occur.
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As a leading legal advocate for TBI victims, our firm is devoted to representing individuals who have suffered head injuries in a wide range of accidents. Beyond the commonly acknowledged causes, it's essential to consider additional scenarios that equally demand attention and specialized legal intervention.
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VEHICLE COLLISIONS: Including cars, trucks, motorcycles, and bicycles, these incidents are a primary source of TBIs, emphasizing the need for legal expertise.
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SLIP AND FALL ACCIDENTS: Common in both public and private settings, these accidents can cause serious head injuries, especially in the elderly and at workplaces.
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SPORTS INJURIES: Contact sports like football, soccer, and boxing pose a high risk of TBIs, necessitating awareness and preventive measures.
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ASSAULT AND VIOLENT CRIMES: Unfortunate acts of violence can lead to TBIs, with legal action being a crucial step towards justice and rehabilitation.
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WORK PLACE ACCIDENTS: Beyond construction sites, industries such as manufacturing and warehousing also see a high incidence of TBIs.
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RECREATIONAL ACTIVITIES AND ADVENTURES: Activities such as skiing, snowboarding, and horseback riding can unexpectedly lead to head injuries, underlining the importance of safety measures.
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FALLS FROM HEIGHT: Falls from ladders, roofs, or scaffolding are particularly dangerous, often resulting in TBIs and highlighting the need for legal guidance.
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PEDESTRIAN ACCIDENTS: Pedestrians struck by vehicles or involved in slip and fall incidents are highly susceptible to TBIs.
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DOMESTIC ACCIDENTS: Accidents occurring at home, such as falling down stairs or heavy objects striking the head, also contribute to the incidence of TBIs.
Addressing the aftermath of accidents leading to traumatic brain injuries demands expert legal guidance alongside medical care.
We understand the life-changing impact of TBIs and provide the personalized legal support essential for navigating these challenges. Trust our team to diligently pursue justice and support for you and your family, every step of the way.
CLASSIFICATIONS OF
TRAUMATIC BRAIN INJURY
SEVERITY LEVELS OF TRAUMATIC BRAIN INJURIES:
Exploring the Spectrum from Mild to Severe TBIs: Traumatic brain injuries (TBIs) span a wide range of severities, each with distinct symptoms and outcomes. Mild TBIs may manifest as brief lapses in consciousness, confusion, or disorientation, without necessarily showing physiological changes on medical scans. Despite their subtlety, these injuries can significantly impact one’s mental status and require careful attention. Moderate TBIs escalate in seriousness, often resulting from direct impacts or violent shaking that bruises the brain. Victims might experience prolonged unconsciousness, lasting confusion, and identifiable changes in behavior, cognition, or physical abilities. Recovery from moderate TBIs varies, with some individuals achieving full recovery over months, while others endure lasting consequences. Severe TBIs represent the most critical end of the spectrum, potentially causing permanent damage or even premature death. These injuries, resulting from extreme force or penetration of the skull, lead to extended periods of unconsciousness and profound impairments in behavioral, cognitive, and physical functions. Victims of severe TBIs typically require immediate medical intervention, followed by extensive hospitalization and rehabilitation to manage the lifelong effects of their injuries.
UNDERSTANDING
OPEN VS CLOSED BRAIN INJURIES:
Traumatic brain injuries (TBIs) fall into two main types: closed and open injuries. Closed TBIs occur from a non-penetrative impact to the head, often leading to concussions, as seen in various accidents or sports-related incidents. On the other hand, open TBIs result from objects breaking through the skull and entering the brain, such as metal fragments in a car crash or construction materials like pipes and nails. This distinction is crucial for diagnosis and treatment strategies, emphasizing the diverse nature of brain injuries and their potential causes.
COMMON TYPES OF
TRAUMATIC BRAIN INJURIES (TBIs):
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Diverse Manifestations and Their Impact: Traumatic brain injuries (TBIs) encompass a range of conditions that can significantly affect a person's cognitive and physical abilities, including memory, attention, motor skills, and more. Understanding the common types of TBIs highlights the breadth of potential impacts resulting from accidents. Concussions: As one of the most frequently occurring TBIs, concussions vary widely in severity. Causes include direct impacts, falls, or any action that jars the brain, such as violent shaking or whiplash. Despite their commonality, the effects can be profound and lasting. Contusions: Essentially bruises on the brain, contusions arise from traumatic accidents and can necessitate surgery for severe cases. This intervention aims to alleviate brain pressure and facilitate recovery, underscoring the serious nature of such injuries. Coup-Contrecoup Injuries: These injuries occur when the force is so great upon impact that the brain strikes the inside of the skull not only at the point of impact but also on the opposite side, indicating dual injury sites. Often linked with concussions and contusions, these injuries reflect severe trauma. Diffuse Axonal Injuries: Characterized by the tearing of brain connections due to the brain moving at a different speed than the skull, usually from violent shaking. These injuries are grave and can be life-threatening, illustrating the critical need for immediate medical response. Subarachoid Hemorrhage: This type involves bleeding into the space surrounding the brain, typically due to artery tears. The resulting spread of blood can have severe effects, given that this space is designed to protect the brain from external impacts. Subdural Hematoma: Among the most severe TBIs, subdural hematomas occur when blood collects between the brain and its outer covering, often after veins tear. The pressure buildup from the collected blood can be deadly, marking this as one of the most critical brain injury types. These examples underscore the variety and potential severity of TBIs, emphasizing the necessity for immediate medical intervention and specialized legal assistance to navigate the aftermath of such life-altering injuries.
At The Sheldrick Law Firm, we're dedicated to guiding TBI victims through their recovery and legal journey, advocating for your rights and the compensation you deserve. As we delve deeper into the intricacies of traumatic brain injuries, we invite you to explore the "Frequently Asked Questions" section for more insights and support on navigating these challenges together.
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FREQUENTLY ASKED TRAUMATIC BRAIN INJURY QUESTIONS
Navigating through the complexities of traumatic brain injuries (TBIs) can lead to numerous questions about legal rights, recovery processes, and compensation.
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This section addresses some of the most frequently asked questions regarding TBIs, providing clear insights and guidance to those affected. Whether you're a victim or supporting a loved one, these answers aim to illuminate the path toward understanding and addressing the impact of TBIs.
What are the first steps I should take after sustaining a traumatic brain injury?
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Seek immediate medical attention, even if symptoms seem mild, as TBIs can have delayed effects. Document everything related to the incident and your injuries, including taking photos, if possible, and gathering witness information. Then, consult a traumatic brain injury lawyer to understand your legal rights and options for compensation.
What should I look for in a traumatic brain injury lawyer?
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Look for a lawyer with specific experience in TBI cases, a track record of successful settlements or verdicts, and someone who communicates clearly and compassionately. Personal comfort and trust in their expertise are also crucial.
How do I know if my brain injury is serious enough to require a lawyer?
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If your brain injury affects your daily life, work, or results in significant medical bills, it's wise to consult a lawyer. Legal expertise is invaluable in navigating insurance claims and potential lawsuits to ensure you receive adequate compensation for your injuries.
What compensation can I expect for a traumatic brain injury case?
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Compensation may cover medical expenses, lost wages, pain and suffering, and future care costs. Each case is unique, so a lawyer can help estimate the compensation based on the injury's impact on your life and well-being.
How long do I have to file a lawsuit for a traumatic brain injury?
For traumatic brain injury cases, the statute of limitations varies by state. Here are the statutes for Florida, New Jersey, and New York:
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FLORIDA: In March 2023, Florida enacted a new law significantly amending the statute of limitations for personal injury cases, including those involving traumatic brain injuries (TBIs). This change, introduced through House Bill (HB) 837 and signed into law by Governor Ron DeSantis, reduces the timeframe for filing personal injury lawsuits from four years to two years from the date of the incident. This legislative adjustment forms part of a broader tort reform effort in the state, aiming to streamline legal proceedings and curb potential abuses within the system.
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NEW JERSEY: New Jersey has a 2-year statute of limitations for personal injury cases. This means individuals have two years from the injury date to file a lawsuit.
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NEW YORK: In New York, the statute of limitations for personal injury claims is also 3 years from the date of the injury.
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It's important to note that there may be exceptions or specific circumstances that could extend or shorten these periods, such as injuries to minors or claims against government entities. Consulting with a lawyer familiar with TBI cases in your state is crucial to ensure you understand the specific limitations and exceptions that may apply to your case.​
Can I claim for a traumatic brain injury if it was partially my fault?
The answer varies depending on the jurisdiction due to differing negligence laws across states. Specifically for Florida, New Jersey, and New York, here's how the law applies:
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Florida: As of March 24, 2023, Florida has transitioned from a pure comparative negligence state to a modified comparative negligence state. Under the new system, if you are found to be more than 50% responsible for your own injuries, you are barred from recovering any damages. This is a significant change that impacts how damages are allocated in negligence claims, excluding medical malpractice cases where the pure comparative negligence standard still applies​​​​​​.
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New Jersey: New Jersey operates under a modified comparative negligence rule where you can recover damages only if your share of fault is 50% or less. If you are more responsible for the accident than the other party (over 50%), you cannot recover damages. This system allows for the apportionment of damages based on the degree of fault attributed to each party involved in the incident.
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New York: New York follows a pure comparative negligence rule, which allows you to recover damages even if you are 99% at fault. However, your recovery will be reduced by your percentage of fault. This means that even if you were mostly at fault for the incident leading to your injury, you could still potentially recover a portion of the damages.
How does a lawyer prove negligence in a traumatic brain injury case?
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To prove negligence in a traumatic brain injury case, a lawyer must establish four key elements: Duty of Care, Breach of Duty, Causation, and Damages. This involves demonstrating that the defendant owed a duty of care to the plaintiff, breached that duty through negligent actions, and directly caused the plaintiff's injuries, leading to financial and other losses. Evidence such as medical records, witness testimony, and accident reports are critical in supporting these elements​
For more frequently asked accident and personal injury related questions, click here or click the button below.
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At The Sheldrick Law Firm, serving FL, NY, and NJ, we offer comprehensive legal representation across a broad spectrum of personal injury cases, from broken bones and amputations to traumatic brain injuries and dental malpractice. No matter the nature of your injury, our devotion to your case is your resource for seeking justice and compensation.
