Wesley Chapel Brain Injury Lawyer

Patient with brain injury resulting from car accident.

Brain injuries can result in physical, emotional, and cognitive changes that can profoundly affect your life. Recovering from a traumatic brain injury (TBI) can be a lifelong process, and getting back to the life you knew before may prove impossible. If the incident that caused your brain injury was someone else’s fault, a personal injury lawyer can help you pursue fair compensation.

The Wesley Chapel brain injury lawyers at Zervos & Calta, PLLC take an aggressive approach to fighting for our clients. Insurance companies know that we are more than willing to go to trial if they refuse to offer a full and fair settlement. Contact us today to discuss your situation in a free consultation.

What Is a Traumatic Brain Injury?

A traumatic brain injury (TBI) occurs when an external force, such as a jolt or a blow to the head, disrupts the normal functioning of the brain. There are many different types of traumatic brain injury, including:

  • Concussion
  • Contusion
  • Intracranial hematoma
  • Diffuse axonal injury
  • Coup-contrecoup injury
  • Penetrating injury, such as a skull fracture that punctures the brain tissue

Most traumatic brain injuries are caused either by accidents or violence.

What Are the Symptoms of a Brain Injury?

Brain injuries may manifest with various symptoms depending on the type and severity of the injury. Common symptoms of a TBI may include:

  • Loss of consciousness
  • Headache
  • Confusion
  • Changes in sleep patterns
  • Dizziness
  • Slurred speech
  • Dilated pupils
  • Sensitivity to sound
  • Sensitivity to light
  • Mood changes
  • Changes in behavior
  • Nausea and vomiting
  • Seizures

Signs of a brain injury may appear immediately after an accident or over time. People with mild brain injuries like concussions may recover fully. However, severe brain injuries can result in long-term changes in a survivor’s abilities. Common long-term disabilities include:

  • Cognitive changes, such as difficulty with memory, concentration, speech, problem-solving, or judgment
  • Sensory changes affecting taste, touch, smell, eyesight, and hearing
  • Physical changes, such as trouble with balance or coordination
  • Emotional and behavioral changes, such as verbal or physical outbursts
  • Minimally conscious state

Sadly, traumatic brain injuries make up 30 percent of all injury-related deaths worldwide.

What Are the Common Causes of Traumatic Brain Injuries in Wesley Chapel?

A head injury can happen in many different circumstances. Common brain injury causes include:

Shaken baby syndrome and second impact syndrome — a secondary brain injury that happens soon after the initial injury — are other possible causes of TBI.

What Is Needed to Prove Fault in a Wesley Chapel Brain Injury Accident?

In any personal injury case, there are several main points you must establish to prove the other party’s fault for your injuries and losses:

  • The at-fault party had a legal duty to avoid causing harm.
  • They failed in this responsibility, either through negligence or an intentional act.
  • Their action or inaction caused your brain injury.
  • The TBI resulted in actual losses that can be remedied through financial compensation.

The cost of treating a brain injury can be very high, with severe cases reaching into the millions of dollars over the course of a lifetime. Beyond medical treatment, people with catastrophic TBIs also incur costs for long-term care, physical and occupational therapy, assistive medical devices, prescriptions, and other services. Lost income can make affording these services cost-prohibitive for many families, compelling at least one relative to quit their job to serve as a caregiver.

No one deserves to endure these hardships when someone else is responsible. A Wesley Chapel brain injury attorney can help you seek compensation to help with the long-term ramifications of a TBI.

What Types of Compensation May Be Available for a Brain Injury Lawsuit?

A TBI is a serious injury with life-changing repercussions. The compensation you receive should reflect the extent of your losses. Depending on the specifics of your case, you may be able to recover compensation for:

If your spouse has suffered a severe brain injury, you may also be able to recover compensation for loss of consortium. This compensation addresses intangible losses like your spouse’s companionship.

Doctor reading brain ct-scan of patient.

How Long Can It Take to Settle a Brain Injury Case?

Many people feel tempted to settle their brain injury cases as quickly as possible. If you’re coping with the aftermath of a major accident, you already have more than enough to deal with. However, it can be a mistake to settle too quickly.

Most personal injury claims go to the insurance company of the at-fault party. Insurers review the claim and make decisions on whether to accept liability or deny it. Often, the insurance company makes a lowball offer, hoping victims will take it while they are most vulnerable. However, the amount usually falls short of your actual losses and anticipated future costs. This is where a brain injury lawyer can be your greatest asset. An attorney can place an appropriate value on your case and negotiate with the insurance company for maximum compensation.

Every brain injury case is different and comes with special considerations when the time comes to settle. Questions about how much you will recover may not be fully known for up to a year after the injury. A brain injury attorney can place an estimated timeline on your case, but there is no set date for a settlement. Victims who file personal injury lawsuits and go to court should expect the process to take longer.

Another date you must pay attention to is the statute of limitations. Florida’s deadline to file most personal injury claims is generally two years. Exceptions apply depending on the nature of the case. Consulting an experienced brain injury attorney about the time limit for your case can ensure you don’t miss out on the chance for compensation based on a technicality.

Contact a Brain Injury Lawyer in Wesley Chapel, FL

At Zervos & Calta, PLLC, we understand the challenges of living with a brain injury and how hard insurance companies fight to avoid making a fair payout. Let us help you fight back. Our Florida brain injury attorneys have earned a reputation for going toe-to-toe with insurance companies and getting results that count. Contact us today for a free consultation.