A traumatic brain injury, or “TBI” as they are often called, can be deadly. Even in cases where they are not fatal, they can substantially alter the quality of life of victim. It can cost hundreds of thousands of dollars over the course of a victim’s life to treat and rehabilitate the victim, and other family members may need to stop working to take care of their loved one who has suffered a traumatic brain injury. When that happens to a high school student who is at such a relatively young age, the effects on the victim and his or her family can be hard to imagine.
This is one of the reasons that, when calculating damages in a personal injury lawsuit involving a young victim, we must make sure that the cost of future medical treatment and rehabilitation is included in the demand. This is the demand we ask of the defendant, his or her insurance company, and possibly a jury, should the case go to trial.
As our Miami Dade personal injury lawyers can explain, pursuant to Florida Statute Title XLV, Chapter 768, in a negligence lawsuit, standard measure of damages can include past lost income, future lost income, medical expenses, funeral expenses in the case of a fatal personal injury case, as well as various other types of special damages.
The point is that when the accident first happens, there are the hospital bills and some rehab costs, but it is often hard for a family to know what a good estimate of the total damages will be. While there is no typical case, as the facts are never the same, if your attorney has experience handling many other brain injury lawsuits, he or she will have a good idea of how to calculate future damages, and that can help you not only get the full and appropriate financial damages award, but give you peace of mind that things will be okay in the future as well.
One of the major causes of brain injuries in young people is when they are injured during sports events or while practicing for a sports team. While it is true that some sports are dangerous and accidents will happen, negligence on behalf of the coaching staff or competition organizers can make a serious accident with a head injury much more likely.
As discussed in a recent news article from The News and Observer, when are talking about brain injury in athletes, the conversation is often about chronic traumatic encephalopathy (C.T.E.). This is the same condition that was the subject of a major motion picture called “Concussion.” This condition is often caused by repeated incidents of head impacts such as those we see in football players with frequent helmet-to-helmet contact. While this is no longer allowed in the game, it still happens, and it can, and often does, lead to C.T.E. If your child’s coach is allowing this to happen in practice and results in a TBI, this may the basis for a brain injury lawsuit.
Call Freeman Injury Law — 1-800-561-7777 for a free appointment to discuss your rights. Now serving Orlando, West Palm Beach, Port St. Lucie and Fort Lauderdale.
The earliest signs of brain damage in athletes? Listen for them, May 30, 2017, By Lawrence K Altman, M.D., The News and Observer
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Baugh v. Cuprum – $11 Million Ladder Injury Verdict Affirmed, Jan. 28, 2017, Orlando School Injury Lawyer Blog