Brain Injuries Damages and Consequences

Accidents of all kinds tend to have a risk of causing damage to one of the most important parts of your body. Your head and consequently, your brain. It goes without saying that damage to the brain is serious no matter how seemingly minor. Even the milder of brain injuries can have lasting consequences. Suffering a brain injury will often have more severe and long-lasting consequences than many people may anticipate. This is often because of how brain damage is often irreversible and can often get worse with time.

Traumatic Brain Injury Lawsuits

Those that have been involved in an accident that caused an injury to the head and brain will often suffer significant damages as a consequence of their injury. These damages will usually be extensive and disrupt the life of an accident victim. However, there is hope. Should an accident that caused a traumatic brain injury to be caused by the negligence of a liable party then a plaintiff may be able to file a lawsuit against that party in order to seek compensation for the damages that they suffered. Consider Eberst Law as your legal representation when pursuing a lawsuit against those responsible for a brain injury. Our lawyers have handled a number of personal injury cases where plaintiffs have needed compensation for damages caused by brain injuries and successfully secured settlements our clients were more than satisfied with. To schedule a consultation with Eberst Law about your brain injury case you can contact our firm online or you can call our offices at 352-269-0017.

Traumatic Brain Injuries and Brain Damage

A traumatic brain injury is when a person’s head and brain experiences a physical force strong enough to cause damage to the brain. This physical force can take the form of a blow to the head or even violent shaking. Ultimately the brain suffers a certain degree of damage which leads to cognitive issues.

Traumatic brain injuries consist of many injuries across a spectrum of both mild and severe damage. Among the milder traumatic brain injuries is the concussion. A concussion is a blow to the head that causes minor cognitive dysfunction. Concussions are the most common kind of traumatic brain injury that affects thousands of people across the country. Other common traumatic brain injuries include coup-contrecoup brain injuries, diffuse axonal brain injuries, brain contusions, and penetrating brain injuries.

Symptoms of a Traumatic Brain Injury

When someone suffers a traumatic brain injury they will typically sustain brain damage that will interfere with their cognitive functions. This means that they can have problems with a number of mental functions ranging from memory to even the ability to speak. The level of disruption that someone will suffer to their cognitive abilities depends on the type of traumatic brain injury and its intensity. This damage to cognitive abilities can often be permanent much like most forms of brain damage and result in lifelong disability. In some cases, the mental degradation can actually worsen over time. In order to avoid the more severe complications attributed to traumatic brain injuries, it is important that accident victims understand what they should look for when it comes to the early signs of a traumatic brain injury. Some of the most common symptoms of a traumatic brain injury include:

Damages Caused by a Traumatic Brain Injury

Traumatic brain injuries can cause all kinds of serious damages. Traumatic brain injuries can easily accumulate massive medical expenses. Doctor consultations, surgeries, drugs, hospital recovery, etc. all costs an exceptional amount even with insurance. With many traumatic brain injuries, the damage can often be permanent and result in recurring medical costs such as medication, therapy, and return doctor visits that add up over time. Traumatic brain injuries can also lead to many victims losing their jobs and even eliminating entire career prospects because of the effects of disabilities. The loss in quality of life caused by traumatic brain injuries is often very damaging to a person’s psychological estate and can cause immense pain and suffering. It is not unusual for victims of traumatic brain injuries to develop anxiety, depression, and other psychological issues.

Consider Eberst Law as Your Personal Injury Attorney

Traumatic brain injuries are some of the worst injuries that are suffered by accident victims and deserve proper compensation. If you or a loved one have suffered a traumatic brain injury because of a liable party’s negligence then please contact Eberst Law at 772-225-4900 or contact us online. Our lawyers are experienced in handling cases where clients have suffered traumatic brain injuries that have left them neck deep in medical expenses and lost wages. When you hire Eberst law, you are hiring a firm that will negotiate aggressively on your behalf for a settlement that you can feel comfortable with.

Stuart, Florida Office

101 SE Martin Luther King Jr Blvd

Stuart, FL 34994

772-225-4900

Gainesville, Florida Office

716 E. University Avenue

Gainesville, FL 32601

352-269-0017

What Can I Seek Compensation for After Wrongful Death?

Accidents are an aspect of life that we all learn to live with. However, many accidents go beyond simply injuring those involve and end up becoming fatal. This happens much more often than people realize and leaves families and communities reeling from the pain and suffering caused by the loss of a loved one. When someone loses a close loved one because of an accident they will often have the financial ramifications of such a loss far from their mind. Nobody should have to worry about such things and should instead be free to focus on grieving and coping with their loss in a healthy way.

Wrongful Death Claims

The damages that come with the loss of a loved one can cause some serious problems in the lives of those coping with such a loss. These damages can become quite varied and may not be as obvious as some may expect. In the event that your loved one’s passing was because of the negligence of a liable party, then you may be able to seek compensation for these damages with a wrongful death claim. When considering taking legal action because of a loved one’s passing being caused by negligence and error, consider Eberst Law as your representation. Our lawyers are experienced in handling cases involving wrongful deaths of all kinds and can provide you legal insight and resources essential to make sure your settlement is of appropriate size. To contact Eberst Law you can either reach out to us online or call our office at 772-225-4900.

What is Considered a Wrongful Death?

In order for the death of a loved one to be considered a wrongful death, the negligence or wrongful act of one party has to cause their death. Florida Statutes section 768.19 states that when a person’s death “is caused by the wrongful act, negligence, default, or breach of contract” of another person or some other entity, the estate of the deceased person may bring a civil lawsuit in Florida’s courts, seeking a legal remedy for that death and the losses stemming from it. Wrongful deaths can occur in a number of ways the most common that result in wrongful death claims include:

Types of Damages Caused by Wrongful Deaths

Florida Statutes section 768.21 specifies the rules and exactly what kinds of damages can be awarded to a plaintiff that files a wrongful death lawsuit. These damages can include:

the value of support and services the deceased person had provided to the surviving family member. This can include the lost income that they contributed, childcare that they provided, and benefits that family members would have had.

Loss of consortium

The loss of a spouse or partner can be considered a compensable damage in a wrongful death lawsuit. When someone loses such a significant relationship it can have a significant impact on their life and sometimes their mental health as well.

Loss of guidance

Children survivors of a parent that passed away due to negligence can claim the loss of guidance from that parent as a compensable damage in a wrongful death claim. This typically only applies to younger children with adult children being exempt.

Loss of protection provided by the deceased person

Someone may have lost their loved one and depended on them to provide themselves with a sense of security and protection.

Mental and emotional pain and suffering

The death of a loved one can have significant psychological effects on those that experience such grief. These psychological effects can go to the point that a person may develop severe mental trauma requiring the help of a professional.

Medical expenses that a loved one accumulated before they passed away

When a loved one passes away, there is a good chance that they were receiving some kind of medical treatment in an effort to save their life. Medical treatment can only do so much and despite not saving a loved one it still is an expense that needs to be paid. Family members can be stuck with large medical bills after a loved one has passed away.

Funeral expenses for the burial or cremation rites of the deceased

Many people may not realize that funerals can actually end up costing much more than they realize. The average American funeral can cost between $6,000 to $9,000 dollars with things such as grave markers, flowers, receptions, and even caskets running up the cost even more.

Consider Eberst Law as Your Wrongful Death Attorney

If you have had a loved one who has passed away as a result of a fatal accident caused by negligence, please contact Eberst Law at 772-225-4900 or contact us online. Our lawyers are experienced in handling cases in which clients are experiencing pain and suffering caused by the loss of a loved one. When you hire The Eberst Law Firm, you are hiring a firm that will negotiate aggressively on your behalf for a settlement that you can feel comfortable with.

Stuart, Florida Office

101 SE Martin Luther King Jr Blvd

Stuart, FL 34994

772-225-4900

Gainesville, Florida Office

716 E. University Avenue

Gainesville, FL 32601

352-269-0017

How Dangerous Driving Can Have Serious Consequences in Florida

“What did I do wrong?” are the words that drunk, 37-year-old Scott Patrick Sorenson asked Florida state troopers as they pulled him over after he led them on a high-speed chase upon seeing him going more than 140 mph on a busy, 45 mph roadway in Alachua County, Florida.  Video footage from one of the troopers’ dash cams captured part of Mr. Sorenson’s dangerous dash, and during the peak of the video, Mr. Sorenson’s BMW is seen wedging in between two cars at a very high rate of speed while undoubtedly endangering the lives of multiple passengers.  Eventually, the troopers escorted an obviously intoxicated Mr. Sorensen to the hospital, and he was then brought to Alachua County jail.

Drunk Driving Leads to Unnecessary Deaths & Makes Our Roads Hazardous

The Centers for Disease Control & Prevention (CDC) recently announced that in the United States, 29 people are killed every day in motor vehicle accidents that have an alcohol-impaired driver involved.  Most of us have been informed through family, friends, teachers, and the media that alcohol negatively effects our ability to drive; however, it never hurts to reexamine this to see how exactly alcohol effects our bodies and minds. 

The National Highway Traffic Safety Administration (NHTSA) provides a detailed chart which shows the relationship between blood alcohol concentration (BAC), the effects that are produced, and the predictable outcome(s) of these effects on one’s driving.  As per Florida Law, if a driver has a BAC of .08% or higher, then they can be charged with a DUI if they are pulled over by a cop.  To put this into perspective, the chart from NHTSA indicates that at a BAC of .08%, muscle coordination dealing with one’s balance, speech, vision reaction time, and hearing become poor, it becomes more difficult for one to detect danger, and one’s judgment, self-control, reasoning, and memory are impaired.  Additionally, the NHTSA outlines the predictable outcomes of these impairments on one’s driving as: more difficulty concentrating, short-term memory loss, speed control, reduced information processing capability (ex: signal detection, visual search), and impaired perception.

Please review our article, “Sobering Statistics about Drunk Driving in Florida” to review more information about the legal consequences for driving drunk, the methods that are in place to combat drunk driving, and how we can provide assistance if you or a loved one are struck by a drunk driver.

Additionally, please contact us at The Eberst Law Firm if you or a loved one have been hit by a drunk driver, as we will work diligently to ensure that you receive a fair settlement for your pain and suffering.

Penalties for Evading the Police Worsen Depending on the Severity of the Crime

Evading the police is not a meek undertaking, and it would almost seem that one would have to be driving while at least somewhat intoxicated (such as Mr. Sorensen) to even think about fleeing from the cops.  This act does not go without consequences, and FindLaw outlines the consequences for those who flee the cops (with certain exceptions being made for people who are fleeing the cops while under a threat of violence or who are fleeing and can’t stop due to a health condition). 

Misdemeanor Penalties

Not always, but misdemeanors can have the following punishments.

Felony Penalties

Standard felony penalties include:

Obtain Legal Help if you have been Struck by an Intoxicated Driver or a Driver who is Fleeing the Cops

You will need the assistance of an experienced, dedicated attorney if you or a loved one have been hit by a drunk driver and/or a driver who has fled the cops.  We have extensive legal knowledge and the power and determination to assist you with your case.  At The Eberst Law Firm we are passionate about working for you to ensure that justice is sought and legal ramifications are delivered for reckless, dangerous behavior.  Please contact us online or by calling 772-225-4900 so that we can begin our investigation today and help you work through this challenging time.

Sources for “You Can’t Outrun the Law”

https://mycbs4.com/news/local/troopers-hawthorne-man-crashes-bmw-into-vehicles-after-chase-exceeding-140-mph
https://www.cdc.gov/motorvehiclesafety/impaired_driving/impaired-drv_factsheet.html
https://criminal.findlaw.com/criminal-charges/evading-police.html
https://eberstlaw.com/2018/12/21/drunk-driving-in-florida/
https://www.nhtsa.gov/risky-driving/drunk-driving
https://www.nolo.com/legal-encyclopedia/florida-dui-dwi-33644.html