If you or a loved one has suffered a brain injury in a slip and fall accident in Florida, our experienced team of Florida brain injury attorneys is here to help. Don’t let the impact of a brain injury go unaddressed; contact us today to explore your legal options. Complete our online contact form here or call 305-638-4143 for a free consultation.

Understanding Traumatic Brain Injuries

What is a Traumatic Brain Injury (TBI)?

A TBI is a disruption in normal brain function caused by a blow, bump, or jolt to the head or a penetrating head injury.

Effects of TBIs

TBIs can lead to a range of symptoms, including:

• Cognitive Impairments: Memory loss, difficulty concentrating, and impaired reasoning.
• Physical Challenges: Headaches, dizziness, and coordination problems.
• Emotional and Behavioral Changes: Mood swings, depression, and anxiety.

Slip and Falls: Common Causes

Understanding the common causes of slip and fall accidents is crucial in preventing TBIs. These causes may include:

• Wet or Uneven Surfaces: Slippery floors, icy sidewalks, and uneven ground.
• Lack of Warning Signs: Inadequate signage indicating potential hazards.
• Improper Lighting: Poorly lit areas increase the risk of falls.
• Negligence: Property owners failing to address known hazards promptly.

How Can a Slip and Fall Cause a Brain Injury?

Traumatic brain injuries are usually caused by a blow to the head.  In this case, when a person has a slip and fall they may hit their head on the ground.  This can cause the brain to hit the inside of the skull and may cause tearing, scraping, or bleeding within the brain.

The severity of a brain injury can range from mild concussions to severe and life-altering traumatic brain injuries. Symptoms may not always be immediately apparent, so it’s essential to seek medical attention after any fall, no matter how minor it may seem.

How to Recognize a Brain Injury After a Slip and Fall Accident

Mild traumatic brain injuries are commonly referred to as concussions.  For a long time, the medical community did not fully understand the long term consequences of concussions and the dangers associated with returning to normal activity after a concussion.  As a result, many concussions continue to go undiagnosed in hospital emergency departments across the United States.

Additionally, because the symptoms of a concussion can seem vague people might not immediately recognize that they’ve sustained a brain injury. Over time, subtle symptoms may persist or worsen, and new ones may emerge.

It is crucial to be vigilant about identifying the symptoms of brain injuries, as this enables your healthcare provider to conduct further diagnostic tests and assess the extent of the injury. Typical symptoms associated with traumatic brain injuries (TBI) and other brain injuries include:

• Persistent headaches
• Nausea and/or vomiting
• Sensitivity to light and/or sound
• Slurred speech
• Blurry vision
• Issues with concentration, balance, or sleep
• Ringing in the ears, known as tinnitus
• Confusion
• Altered emotional states or unusual behaviors
• Abnormal muscle contractions
• Seizures or convulsions

Recognizing these symptoms is the first step towards ensuring proper diagnosis and treatment. If you suspect you or a loved one may have experienced a brain injury following a slip and fall, do not hesitate to seek medical attention and consult with an experienced Florida brain injury lawyer to protect your rights and explore your legal options.

Who is Liable in Slip and Fall Cases Resulting in Brain Injuries?

Determining liability in these types of cases can be complex, as multiple factors come into play. In this blog, we’ll explore the parties that may be liable in slip and fall cases leading to brain injuries and the legal considerations that surround these situations.

Property Owners and Managers

In most slip and fall cases in Florida, the primary responsibility for maintaining a safe environment falls on the property owner or property manager. This includes businesses, residential property owners, and public entities. They have a legal obligation to ensure that their premises are safe for visitors. This duty encompasses tasks like regular maintenance, repairing hazards, and posting warning signs when necessary.

If a property owner or manager fails in this duty and a slip and fall incident occurs, resulting in a brain injury, they may be held liable for negligence. However, proving liability can be complex and may require demonstrating that the property owner knew about the hazard or should have known about it but failed to address it. Our attorneys specialize in premises liability cases in Florida.

Maintenance and Cleaning Companies

In some cases, property owners may outsource the maintenance and cleaning of their premises to third-party companies. If the slip and fall hazard is related to inadequate maintenance or negligent cleaning, these third-party companies may share liability for the incident. It’s important to find a premises liability lawyer who will thoroughly investigate your case and establish whether the third-party contractor’s actions or omissions played a role in causing the injury.

Government Entities

Slip and fall accidents that occur on public property, such as sidewalks, parks, or government buildings, introduce a different level of complexity in Florida. Government entities are generally responsible for maintaining public spaces, and they can be held liable for injuries that occur on their property due to negligence. However, pursuing legal action against government entities can involve specific legal procedures and limitations that differ from those applicable to private property owners. If you or a loved one experienced a brain injury due to a slip and fall on public property, contact a lawyer as soon as possible for legal guidance.

Comparative Negligence in Slip and Fall Cases

When a slip and fall results in a brain injury, determining liability is a critical step in seeking compensation for medical expenses, pain and suffering, and other damages. The responsible party can vary depending on the circumstances of the accident and the location in which it occurred.

Liability is not always straightforward in slip and fall cases. Sometimes, the injured party may share some responsibility for the accident. This concept is known as comparative negligence. In such cases, the compensation the injured party receives may be reduced based on their degree of fault in the accident. The laws regarding comparative negligence vary by jurisdiction, so it’s crucial to consult with a Florida attorney who specializes in personal injury cases.

Contact Our Premises Liability Lawyers After a Slip & Fall Accident in Miami, Florida 

At Flanagan & Bodenheimer Injury and Wrongful Death Law Firm, we are dedicated to helping individuals who have suffered brain injuries in accidents. If you or a loved one has experienced a fall that resulted in a brain injury, we’re here to provide legal support and guidance. Our mission is to hold those responsible accountable and secure the compensation you deserve for medical expenses and other damages. Please reach out to us at 305-638-4143 today to discuss your situation and explore your legal options.

Short-Term Brain Injury Symptoms Can Indicate Major Problems

After a person sustains a bump or blows to the head, they often sustain a range of possible short-term signs and symptoms. This can include the following:

• Confusion
• Severe headaches
• Disorientation
• Odd or unusual behavior
• A loss of consciousness

However, these initial symptoms sometimes only the beginning of a much larger problem. Any person who sustains a blow to the head needs to be evaluated by a doctor as soon as possible. Sometimes, victims receive prompt medical care and make a full recovery. However, there are times when head injuries are so severe that they lead to long-lasting or permanent damage.

How Do Moderate to Severe Brain Injuries Affect the Victim?

Moderate to severe traumatic brain injuries can lead to a range of debilitating symptoms. In some cases, victims of these injuries never regain consciousness. However, those who do regain consciousness could suffer from a range of symptoms, including the following:

• Complete or partial paralysis
• Loss of fine motor skills
• Loss of coordination
• Bowel or bladder control problems
• Problems speaking
• Problems swallowing
• Difficulty thinking or remembering
• Newfound behavioral issues
• Other major cognitive problems

The Economic Consequences of a Traumatic Brain Injury

The physiological, emotional, and psychological long-term consequences of a traumatic brain injury must certainly be taken into account, but we also need to point out that victims and family members will have to contend with the economic effects of the injury as well.

Any person who is experiencing long-term or permanent brain injury symptoms will likely not be able to go about their regular daily activities in the same manner as they were before the injury occurred. Most moderate to severe brain injury victims are unable to return to work. This can lead to significant financial difficulties for the injury victim and their family members that need to be taken into account. This is particularly true if the brain injury was caused by the careless or negligent actions of another party.

Securing Compensation After a Brain Injury

If a person sustains a brain injury caused by the careless, negligent, or intentional actions of somebody else, they will likely be entitled to various types of compensation. This can include the following:

• Complete coverage of medical bills related to the brain injury
• Compensation for long-term and in-home care needs
• Coverage for rehabilitation and physical therapy
• Compensation for any medical devices
• Loss of quality of life damages
• Pain and suffering damages
• Possible punitive damages against the negligent party

Recovering compensation in these cases can be incredibly difficult, particularly when going up against aggressive insurance carriers. However, victims should work with a skilled personal injury lawyer who has the resources necessary to conduct a complete investigation into the case and determine liability. An attorney can negotiate with all parties involved in an attempt to reach a fair settlement. If necessary, an attorney will take a case to trial to secure the compensation their client needs.

Understanding the True Costs of a Brain Injury

We can look at the costs of brain injuries in two ways:

• The cost to the overall US economy
• The cost to a brain injury victim and their families

According to the US Centers for Disease Control and Prevention (CDC), approximately 1.7 million people suffer from a traumatic brain injury each year across the country. Brain injuries cost roughly $76 billion dollars each year. However, what really matters is the cost that a brain injury causes victims and their family members.

According to the Family Caregiver Alliance and the Brain Injury Association of America, we can see that victims of brain injuries and family members can expect the following expenses:

• Lifetime expected medical costs as high as $4 million.
• Extensive rehabilitation expenses. This can include physical therapy and long-term care for a TBI, with costs reaching approximately $200,000.
• An average daily traumatic brain injury rehabilitation hospital costs $8000.
• Brain injury patients and rehab centers could face expenses ranging from $850 to $2,500 per day.
• For those who die from a traumatic brain injury, the average medical cost can still reach $450,000 or more. These costs often fall to the family members to pay.

Those who survive a traumatic brain injury regularly need help returning to work. Studies have shown that supported employment for traumatic brain injury survivors can cost more than $10,000 for the first year of employment assistance.

Non-Economic Costs of Brain Injury

The costs mentioned above are all considered “economic” in nature. That is, there are bills and receipts that can be added up to understand the direct cost to the victim and their family. However, there are other non-economic costs of a brain injury that need to be mentioned.

Brain injuries can significantly affect a person’s ability to complete day-to-day functions. These injuries can also significantly affect a person’s psychological and emotional well-being. While there may not be any receipts or bills that can be used to determine these costs, it can certainly be argued that this type of emotional and psychological harm can lead to a financial impact on a brain injury victim and their family members.

Can Victims Secure Compensation for Their Losses?

If a victim sustained a brain injury caused by the careless, negligent, or intentional actions of another party, there may be various types of compensation available to them. This can include the following:

• Full coverage of medical bills related to the brain injury
• Lost wages and benefits if a victim cannot work while they recover
• Loss of future earnings if a victim is unable to return to work
• Coverage of physical therapy and rehabilitation
• Compensation for in-home care
• Pain and suffering damages
• Loss of personal enjoyment damages
• Possible punitive damages against a grossly negligent party

There are various ways that victims can sustain brain injuries caused by the actions of another person, company, or entity. This can include vehicle accidents, sports-related injuries, workplace accidents, violence, falls, and more.

Call us today to speak with our Miami diffuse axonal brain injury lawyers.

The Impacts of Brain Injury on a Person’s Life

The effects of a moderate to severe traumatic brain injury can be long-lasting. Sometimes, a brain injury will result in permanent disabilities for a victim. In many cases, recovery and rehabilitation are possible, though this does not guarantee that there will be a complete recovery. The reality is that most brain injury victims face challenges that require them to adapt and adjust to a new way of life.

Moderate to severe traumatic brain injuries can cause both physical and mental disabilities. This can lead to challenges with work and completing tasks that were once considered routine. Not only will this affect the victim’s quality of life, but brain injuries can also significantly affect the family members of the victim.

Motor Deficits and Disabilities

Brain injuries often affect a person’s ability to move their bodies. Motor deficits refer specifically to how these injuries damage motor skills and movement ability. Some of the most common disabilities and motor deficits caused by a severe traumatic brain injury include:

• Paralysis
• Uncontrolled muscle movements or muscle stiffness (spasticity)
• Problems walking, swallowing, and talking
• Difficulty carrying objects
• Loss of fine motor skills
• Problems with vision
• Bowel or bladder control issues
• significant speech and language problems

Traumatic brain injuries can also affect a person’s sleep patterns, stamina, hormones, and appetite.

Cognitive Disabilities

Unfortunately, brain injury victims are also likely to sustain significant cognitive effects. This can include:

• Difficulty thinking and remembering
• Difficulty with social relationships
• Difficulty in being a part of social activities
• Memory problems
• Slow speed of processing
• Continual confusion
• Newfound impulsiveness

The Mental Health of Brain Injury Victims and Their Family

Unfortunately, the effects of a brain injury mentioned above often lead to the victims sustaining significant psychological and emotional trauma. Brain injury victims regularly suffer from anxiety, depression, anger, fear, extreme sadness, and more. It is not uncommon for brain injury victims to suffer from post-traumatic stress disorder (PTSD). Brain injury victims are likely to suffer from decreased self-esteem as they perceive the way that others see them as being “diminished.”

While a brain injury may only affect the victim physically, they are often not the only victim involved in these cases. Family members often suffer severe emotional and psychological effects as well. This stems from watching their loved ones not being able to do the things they love. In many cases, family members must become full-time caregivers as well. This can be incredibly challenging and stressful. Depending on the severity of the brain injury, a victim may need a significant amount of care.

Call us today to speak with our Miami coup contrecoup brain injury attorneys.

Concussions

This is the most common type of brain injury that a person can sustain. While this is often considered a mild traumatic brain injury, the reality is that concussions can also lead to severe and long-lasting impacts on victims. Concussions are caused by shaking, sudden impact to the head, or sudden changes in the movement of the body (whiplash injury). Concussions can cause headaches, memory issues, disorientation, problems with concentration, etc. These injuries are especially serious if more than one concussion is sustained over a short period of time or if a second concussion occurs before the first concussion heals.

Brain Contusions

This type of injury refers to a bruise on the brain tissue, similar to a bruise a person can get on their skin. However, unlike other bruises, this type of injury is more severe. On the skin, any blood that leaks under the surface can diffuse out to the rest of the body. However, brain contusions can lead to a buildup of pressure due to blood loss under the skull. Brain contusions can be caused by any impact on the head. This could include car accidents, sports-related incidents, falls, and violence.

Penetrating Brain Injuries

Penetrating brain injuries occur when some object pierces through the skull and causes various objects to come into contact with the brain. This can include the object itself, pieces of the skull, hair, and skin. The force of the impact and contact with the brain can lead to serious injuries over all or part of the brain. Some of the most common causes of penetrating brain injuries include:

• Slip and fall incidents that lead to a crack in the skull
• Vehicle crashes in which an object penetrates or breaks the skull
• Gunshot wounds
• Construction accidents and tool mishaps

Anoxic Brain Injuries

Anoxic brain injuries are caused when the brain does not receive enough oxygen and brain cells begin to die. Our brain cells began to die after four to five minutes without proper oxygenation. There are various ways the anoxic brain injuries can occur. This can include a lack of blood flow that prevents oxygenated blood from getting to the brain (traumatic injuries that cause significant bleeding), chemicals or poisons that inhibit oxygen transfer inside the body, suffocation, and more.

Brain Injuries Can Lead to Severe Disabilities

Any type of brain injury can lead to a victim suffering from temporary or permanent disabilities. These injuries can completely alter a person’s quality of life and lead to tremendous expenses for them and their families. If another person is responsible for causing a brain injury, they should be held accountable for their actions. In many cases, brain injury victims are able to recover compensation through insurance settlements or personal injury lawsuits filed against the negligent party.

In years past, the public typically thought of a concussion as a relatively mild injury that had no lasting effects. Also, there was a misconception that you didn’t have a concussion if you didn’t lose consciousness. However, as science progresses we are learning more and more about concussions and the unfortunate permanent effects that can be caused by a concussion.

What Is a Concussion?

The brain is a very soft and fragile structure that has a consistency that some have compared to jello. It is suspended inside the human skull by fluid that keeps the brain from hitting against the inside of the skull. However, when there is a hit to the head or the body that causes the head to move rapidly, the brain can strike the inside of the skull or twist around inside of the skull. Because the brain is so fragile, this impact or twisting inside of the skull can cause stretching or damaging of brain cells that cause chemical changes inside the brain.

What Are the Most Common Causes of a Concussion?

According to the CDC, falls and motor vehicle crashes are the first and second leading causes of concussions and traumatic brain injuries. Some people may think their head is protected in a motor vehicle crash if they are wearing their seatbelt. Unfortunately, that is not the case. For example, imagine a vehicle moving 45mph in a straight direction when another vehicle turns in front of them. When the collision occurs, the vehicle moving 45mph will be slowed significantly causing the head to move forward through momentum. Then as the seatbelt holds back the driver’s body, the head will forcefully move backward striking against the headrest. This type of injury is called a coup and contrecoup injury. A video demonstrating this movement can be seen here. This violent movement by the brain inside the skull can cause structural damage to the brain because the connections (axons) between the cells can be torn or the connections (axons) can be separated from the cells.

Can Brain Injuries Be Diagnosed Through MRI or CT?

It depends. Traditional MRI and CT are not sensitive enough to detect individual axonal injuries or even large groups of axonal injury. MRI and CT are really designed to detect areas of bleeding. Unless a blood vessel or multiple blood vessels are torn creating a relatively large bleed, MRI and CT won’t detect the injury. This means that traumatic brain injuries that can result in severe neuropsychological deficits often go undetected because traditional imaging just cannot detect the injury.

What Are the Symptoms of a Concussion and Are They Permanent?

Symptoms of a concussion can be physical, emotional, or mental. Some common symptoms include difficulty thinking, poor memory, difficulty concentrating or focusing, nervousness, irritability, irrationality, headache, nausea, dizziness, or depression. These symptoms may be mild or severe. Some symptoms may go away after a short period of time but some symptoms are long-lasting and this is called “post-concussive syndrome.” Also, some symptoms may be permanent. It is important for an individual experiencing long-lasting symptoms from a concussion to see a doctor immediately.

Can I Bring a Claim or a Lawsuit as a Result of My Concussion?

Yes. If you are injured and you believe that you may have suffered a concussion, it is important that you seek representation immediately. Some lawyers only look at injuries involving physical orthopedic injuries such as broken bones or torn tendons or ligaments. If you believe that you have suffered a concussion, make sure you consult with a lawyer that is familiar with the science surrounding concussions and traumatic brain injuries. It is also important that your lawyer understands how to prove these cases because in many instances the imaging will not show an objective injury.

Contact Flanagan & Bodenheimer Personal Injury & Wrongful Death Law Firm If You Have Suffered a Concussion in Florida

If you have suffered a concussion in an injury that is a result of someone else’s negligence, contact Flanagan & Bodenheimer Personal Injury & Wrongful Death Law Firm. We have experience handling these types of cases and we know how to collect and preserve evidence that will demonstrate the injury. Although we are located in Hollywood, Florida, we take cases across the state of Florida. We are open 24 hours every day (including weekends) for consultation regarding your case. You can reach us at (305) 638-4143 or you can fill out a contact form on this website.