When a Brain Injury Changes the Way You Live
A serious brain injury can change far more than your physical health.
It can affect your ability to work, communicate, remember, concentrate, make decisions, care for yourself, or participate in the activities you enjoyed before the injury. For some people, the effects are temporary. For others, a brain injury can result in permanent disability and a need for ongoing care.
The consequences may also be difficult for family members to see. A person may look physically healthy while struggling with memory, concentration, personality changes, emotional regulation, or other cognitive difficulties.
When a brain injury was caused by someone else's negligence, determining the full extent of the injury is important. The immediate medical expenses are only one part of what may ultimately be lost.
Diez-Arguelles & Tejedor represents adults and families dealing with serious brain injuries and works with appropriate medical and other professionals to understand the injury, its consequences, and the needs that may continue into the future.
If you or someone you love has suffered a brain injury because of someone else's negligence, call (407) 705-2880 for a confidential consultation.
Diez-Arguelles Tejedor stands up for individuals and families affected by serious brain injuries. Our attorneys are committed to protecting your rights, investigating the circumstances that caused the injury, and helping you pursue the compensation needed to address medical care, rehabilitation, lost income, and long-term support.
Call (407) 705-2880 to learn how we can help.
Brain Injuries Are Not Always Visible
A broken bone can often be seen on an X-ray.
A brain injury can be much harder to recognize.
Someone who has suffered a traumatic brain injury may experience problems with:
- Memory
- Concentration and attention
- Speech and communication
- Balance and coordination
- Reasoning and decision-making
- Processing information
- Mood and emotional regulation
- Personality or behavior
- Sleep
- Sensory function
- Ability to perform everyday activities
These changes can affect virtually every part of a person's life.
A person may be able to walk and speak normally while struggling to return to the job they held before the injury or manage tasks that once seemed routine.
What Can Cause a Brain Injury?
Traumatic brain injuries can result from many different types of accidents and traumatic events.
Motor Vehicle Accidents
Car, truck, motorcycle, bicycle, and pedestrian accidents can produce tremendous forces that cause the brain to move violently within the skull.
Falls
Falls are another significant cause of traumatic brain injuries. A fall can result in a concussion, bleeding within the brain, skull fracture, or more severe neurological injury.
Workplace and Construction Accidents
Workplace accidents can involve falls, struck-by incidents, equipment failures, explosions, and other events capable of causing serious head trauma.
Sports and Recreational Injuries
Contact sports, recreational activities, and other physical activities can result in concussions and more serious traumatic brain injuries.
Medical Negligence
Not every brain injury is caused by an accident.
Brain injuries can also occur when medical professionals fail to recognize or properly respond to a condition that deprives the brain of adequate oxygen or blood flow.
When medical negligence is suspected, the case may involve a different set of legal requirements than an ordinary personal injury claim.
Other Causes
Brain injuries may also result from unsafe property conditions, defective products, acts of violence, or other forms of negligence.
Understanding how the injury occurred is an essential part of determining who may be responsible.
A Concussion Can Be More Serious Than It Seems
A concussion is a type of traumatic brain injury.
Although many people recover, some experience persistent symptoms that affect their ability to work and function normally.
Continuing headaches, dizziness, difficulty concentrating, memory problems, sensitivity to light or sound, sleep problems, and changes in mood can interfere with everyday life.
A person should not assume that an injury is insignificant simply because there was no loss of consciousness or because the initial emergency evaluation was reassuring.
The severity and long-term consequences of a brain injury require individualized medical evaluation.
When a Brain Injury Changes Your Ability to Work
For an adult, the consequences of a serious brain injury can extend directly into the workplace.
A person may be unable to return to the same job, may need reduced hours or accommodations, or may be unable to work at all.
Even when someone can return to work, cognitive or physical limitations may prevent them from earning what they did before the injury.
A serious brain injury claim may therefore need to consider more than the wages lost during the initial recovery period.
Depending on the circumstances, the analysis may include:
- Past lost wages
- Future lost earnings
- Reduced earning capacity
- Lost employment benefits
- The effect of permanent disability on future employment
- Vocational rehabilitation
- The need for retraining or a different occupation
The impact on a person's ability to earn a living can be one of the most significant consequences of a permanent brain injury.
The Road to Recovery Can Be Long
Brain injury recovery often involves more than a hospital stay.
Depending on the injury, treatment may include:
- Neurological care
- Physical therapy
- Occupational therapy
- Speech and language therapy
- Cognitive rehabilitation
- Neuropsychological treatment
- Psychiatric or psychological care
- Vocational rehabilitation
- Assistive equipment
- In-home assistance
Some people eventually regain much of their previous function. Others live with permanent impairments and require continuing assistance.
Understanding the expected course of recovery can be important when determining what a person will need in the future.
How We Evaluate a Serious Brain Injury Case
A brain injury case requires more than simply documenting that an accident occurred.
Our investigation may involve reviewing:
- Emergency room and hospital records
- Diagnostic imaging
- Neurology records
- Rehabilitation records
- Neuropsychological evaluations
- Therapy records
- Employment and wage information
- Accident reports
- Witness statements
- Photographs and video
- Other evidence concerning the cause and consequences of the injury
When appropriate, we may work with qualified medical, rehabilitation, vocational, life-care, and economic professionals to understand the person's current limitations and anticipated future needs.
The goal is to develop a complete picture of the injury rather than focusing only on the symptoms that are easiest to see.
What Can a Brain Injury Claim Include?
The damages associated with a serious brain injury can extend well beyond the initial hospital bills.
Depending on the circumstances, a claim may involve compensation for:
- Past and future medical expenses
- Rehabilitation and therapy
- In-home care
- Assistive equipment
- Lost wages
- Loss of future earning capacity
- Physical pain and suffering
- Emotional distress
- Permanent impairment
- Disfigurement
- Loss of enjoyment of life
- Other damages permitted by Florida law
The value of a claim depends on the severity of the injury, the evidence establishing responsibility, the person's prognosis, the effect on employment and daily life, and other individual circumstances.
When Someone Else's Negligence Caused the Injury
A brain injury claim may involve another driver, property owner, employer, manufacturer, medical provider, or other responsible party.
Establishing liability requires more than showing that an injury occurred.
Depending on the circumstances, it may be necessary to establish that another party owed a legal duty, failed to act as required, and caused the injury and resulting damages.
Insurance companies may also dispute the severity of a brain injury, particularly when the injury does not produce obvious physical symptoms.
A thorough investigation and appropriate medical documentation can be important in establishing the true impact of the injury.
The Impact Goes Beyond the Injured Person
A serious brain injury affects families, too.
A spouse may suddenly become a caregiver. Parents or adult children may need to provide transportation, assistance with daily activities, or financial support.
Relationships can change when the injured person's personality, memory, judgment, or ability to communicate is affected.
The person who returns home after a serious brain injury may not be able to return to the life they had before the accident.
That human impact matters when evaluating the consequences of a permanent brain injury.
Florida's Deadline for Personal Injury Claims
Florida generally requires an action founded on negligence to be filed within two years after the cause of action accrues. Florida law contains exceptions and different deadlines for certain types of claims and defendants.
Brain injury cases involving medical malpractice, government entities, minors, or other special circumstances may be subject to different requirements.
Because determining the correct deadline can depend on the circumstances, someone who has suffered a serious brain injury should not wait to investigate a potential claim.
Experience Matters When the Injury Is Permanent
A serious brain injury can involve complicated medical evidence, uncertain recovery, significant future expenses, and permanent changes to a person's ability to work and live independently.
Diez-Arguelles & Tejedor has handled complex personal injury and medical negligence cases involving catastrophic injuries and brain injuries.
Our approach is to investigate the circumstances of the injury, understand its medical and functional consequences, and develop the evidence necessary to pursue the compensation available under Florida law.
Past results do not guarantee a similar outcome. Every case is different and depends on its individual facts and circumstances.
Your Life May Look Different. That Does Not Mean You Have to Face It Alone.
A brain injury can change nearly every part of daily life, leaving you and your family uncertain about what comes next. You may not know whether you will be able to return to work, regain your independence, or whether you will need assistance for years to come. Your family may also be facing difficult financial questions as medical expenses, rehabilitation, lost income, and other needs begin to add up.
These questions may not have immediate answers, and understanding the full impact of a brain injury often requires looking beyond the initial diagnosis and treatment.
Diez-Arguelles & Tejedor can help investigate what happened and work with appropriate medical and other professionals to understand the physical, financial, and long-term consequences of your injury.
If you or a loved one has suffered a brain injury, our attorneys are here to help you understand your legal options and determine what steps may be appropriate for your situation.
Serving injured individuals and families throughout Orlando and across Florida. Call Diez-Arguelles & Tejedor at 1-888-888-3773 to discuss your legal options in a free consultation.
Frequently Asked Questions
A traumatic brain injury occurs when an external force, such as a blow, jolt, or penetrating injury, disrupts normal brain function. TBIs range from concussions to severe injuries resulting in permanent impairment or death.
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