Cape Coral Brain Injury Attorneys

Helping Traumatic Brain Injury Victims Pursue Justice in Florida 

Every year, traumatic brain injuries impair and even kill several people in Florida and throughout the United States.

While some last only a short time, others are so serious that they can interfere with almost every aspect of an individual's day-to-day life. At Lusk, Drasites, and Tolisano, our experienced brain injury attorneys understand how difficult it can be to deal with a devastating accident. We can handle your case with the utmost care and compassion.

Have you or a loved one suffered a traumatic brain injury due to someone else’s negligence? Contact Lusk, Drasites & Tolisano today at (239) 908-4930 or contact us online and find out how our brain injury attorney in Cape Coral can assist you in your journey to recovery!

What Is a Traumatic Brain Injury?

A traumatic brain injury (TBI) occurs with a violent blow or impact to the head that disrupts the normal function of the brain. An object piercing the skull or breaking a piece of the skull can also cause a TBI. The extent of these injuries can range from mild to severe. In mild cases, they may interfere with regular brain activity for a limited period. In severe cases, they can leave long-term or even permanent harm.

Common Causes of Traumatic Brain Injuries

According to the Centers for Disease Control and Prevention, 2.5 million TBIs occurred as isolated injuries and other injuries in 2010. The Mayo Clinic identifies the most common causes of TBI, especially among children and the elderly, which include:

• Falls: The leading cause of TBI, especially in younger and older populations.
• Motor vehicle collisions: Accidents involving cars, trucks, and other vehicles are a significant source of TBIs.
• Sports accidents: Injuries sustained during contact sports or recreational activities.
• Violence: Physical altercations or assaults can result in head injuries leading to TBI.
• Recreational accidents: Incidents occurring during activities like biking, skiing, or playground accidents.

These factors contribute to the high rates of TBI, which can range from mild concussions to more severe, life-altering injuries.

Understanding Negligence in Traumatic Brain Injury Claims

If you or someone close to you has suffered a traumatic brain injury caused by someone else's carelessness or wrongdoing, you may be able to file a negligence lawsuit against the at-fault party. In most situations, negligence is the failure to use reasonable care to avoid posing foreseeable risks of harm.

Reasonable care refers to how a prudent or sensible person would behave in a particular situation. For example, a reasonable business owner would probably make sure that a freshly mopped floor has a “wet floor” sign to alert customers to the hazards of a slippery floor. A store that neglected slippery floors, leading to a slip-and-fall accident, would likely not be considered to have exercised reasonable care and would likely be liable for the resulting harm.

To establish negligence, the person bringing a claim must show the following elements:

• The defendant owed the victim a duty of care
• Duty of care was breached in some way
• Careless conduct caused the accident
• The victim suffered quantifiable damages due to careless conduct

How Compensation for Traumatic Brain Injuries Can Help

If you have suffered a traumatic brain injury due to another person's negligence, you may be entitled to compensation for various damages. This financial recovery can help cover the immediate and long-term expenses of your injury. Common damages awarded in TBI cases include:

• Medical expenses: Covering hospitalization, surgeries, rehabilitation, and ongoing medical treatments.
• Lost wages: Payment for time missed from work due to an injury or permanent disability.
• Pain and suffering: Addressing the emotional distress and physical pain caused by the injury.
• Loss of quality of life: If the TBI leads to long-term cognitive or physical impairments.

At Lusk, Drasites, & Tolisano, our attorneys are dedicated to securing the fullest possible compensation for our clients. We work to hold those responsible for the injury accountable, ensuring that victims of traumatic brain injuries in Florida receive the financial support they need to heal and move forward.

What is the Statute of Limitations for a Traumatic Brain Injury in Florida?

It is important to note that injury claims in Florida must be filed within a time frame known as the statute of limitations. A victim has 2 years from the accident date to take legal action. Failure to file within this time frame could mean losing your legal right to be heard by a court.

If you have suffered a traumatic brain injury due to someone else's negligence, you deserve a compassionate lawyer who can help you pursue the compensation you deserve for your harm. At Lusk, Drasites, & Tolisano, our brain injury attorneys have helped victims bring claims after car accidents or other harmful events.

The Lasting Impact of Traumatic Brain Injury in Florida

Traumatic brain injuries (TBI) can have significant, long-lasting effects on victims, impacting many areas of their lives. These effects can be physical and psychological, requiring extensive medical care and rehabilitation. Some common long-term effects of TBI include:

• Cognitive impairments: Difficulty with memory, attention, and problem-solving, which can make daily tasks challenging.
• Personality changes: Mood swings, irritability, or decreased social interactions, which may affect relationships and overall quality of life.
• Physical disabilities: Impaired motor skills, balance issues, and coordination problems that can hinder the ability to live independently.
• Emotional difficulties: Depression, anxiety, and PTSD are common among TBI victims, often requiring ongoing mental health support.
• Chronic pain: Persistent headaches or other forms of pain that can significantly disrupt daily living and productivity.

In severe cases, the long-term impacts of TBI can lead to a permanent inability to work or participate in activities previously enjoyed. Victims may also require long-term care and support from family members. Given the potential for lasting consequences, victims in Florida must seek legal representation to secure compensation for these ongoing needs. At Lusk, Drasites, & Tolisano, we understand the enduring challenges that brain injury victims face.

FAQs About Traumatic Brain Injuries

What Are the Long-Term Effects of a Traumatic Brain Injury?

The long-term effects of a traumatic brain injury (TBI) can be quite diverse, depending mainly on the severity of the injury and the area of the brain affected. Common long-term impacts include cognitive difficulties such as memory loss, diminished attention span, and reduced problem-solving abilities. These cognitive challenges can significantly affect an individual's daily life, interfering with their ability to perform routine activities and interact socially.

In addition to cognitive issues, individuals may experience physical changes like headaches, dizziness, and fatigue, which can persist for months or even years. Emotional and behavioral changes are also common, including mood swings, irritability, depression, or anxiety. These challenges necessitate ongoing medical treatment and rehabilitation. At Lusk, Drasites & Tolisano, we understand the complexities of living with the long-term effects of TBIs and are committed to helping clients secure the necessary resources and support.

How Is Negligence Proven in TBI Cases?

Proving negligence in a traumatic brain injury case requires establishing specific legal components. The plaintiff must first demonstrate that the defendant owed a duty of care to the victim, which was breached, resulting in the injury. This is often shown through evidence such as eyewitness accounts, accident reports, and expert testimony. The next step involves proving that the breach of duty directly caused the TBI and that the injury led to quantifiable damages.

Successfully proving negligence can be complex, requiring detailed investigation and legal acumen. Lusk, Drasites & Tolisano assists clients in collecting and presenting ample evidence to substantiate their cases. This comprehensive approach seeks to ensure that all aspects of the incident are carefully considered and that the victim's legal rights are upheld throughout the process, ultimately striving for fair compensation and justice.

What Should I Do Immediately After a TBI Incident?

Immediate steps after a traumatic brain injury incident can significantly influence the recovery and legal process. Initially, seek medical attention even if symptoms appear mild, as early diagnosis is critical for effective treatment. Maintaining detailed medical records is essential as they form the backbone of recovery and potential legal cases.

Documenting the incident is essential; gather information such as witness contacts, photographs of the scene, and any relevant environmental factors. Promptly consulting with a brain injury lawyer can guide you in securing evidence and understanding your legal options. At Lusk, Drasites & Tolisano, we stress the importance of prompt action and provide legal guidance and support during these crucial early stages.

How Can I Access Support Services in Cape Coral for TBI?

In Cape Coral, various local organizations and resources offer support services for traumatic brain injury victims. The Brain Injury Association of Florida offers a wealth of information and support, including connections to local support groups and resources for caregivers and patients. Local hospitals are equipped with rehabilitation services tailored to TBI recovery, providing vital medical care and therapy options.

At Lusk, Drasites & Tolisano, our commitment extends beyond legal representation; we aim to connect our clients with essential resources for holistic recovery. Understanding the landscape of available support can significantly enhance the quality of life for those affected by TBIs, ensuring they receive comprehensive care and community support.

Contact Our Cape Coral Traumatic Brain Injury Attorneys Today

If you or a loved one has sustained a traumatic brain injury due to another's negligence, pursuing legal action may be essential to protect your rights. Traumatic brain injuries often result in prolonged physical, emotional, and cognitive challenges, which may require extensive medical care and long-term rehabilitation. An experienced attorney can help navigate the legal process, ensuring you receive compensation for medical expenses, lost wages, and the emotional toll of the injury. At Lusk, Drasites, & Tolisano, we are dedicated to advocating for individuals affected by traumatic brain injuries and tirelessly working to secure the compensation and justice they deserve.

If you’re ready to take the next step in seeking justice and compensation for a traumatic brain injury, contact Lusk, Drasites, & Tolisano today to schedule your FREE consultation with our Cape Coral traumatic brain injury lawyer. We serve clients in and around Cape Coral, Fort Myers, and Naples!