BRAIN INJURY FACTS
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brain injury occurs every 16 seconds; a death from brain injury occurs every
12 minutes.
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The national statistics cite between 50 and 70% of traumatic brain
injuries are the result of a motor vehicle crash (MVC).
» A person not wearing their seatbelt is 8.4 times more
likely to sustain a traumatic brain injury with loss of consciousness in a car
wreck.
» Nationwide, TBI leaves more than 17,000 children with a
permanent disability every year. |
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The leading
causes of traumatic brain injuries (TBI) include motor
vehicle accidents, falls, acts of violence and sports
injuries. If a third party individual caused or
contributed to the resulting injury through negligence, or
with an intent to harm, they can be held liable for
damages in a personal injury claim.
Traumatic Brain Injury and Personal Injury Questions
& Answers
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What is a tort?
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What is negligence?
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What are compensatory damages?
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What are punitive damages?
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What does pain and suffering include?
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What is contributory negligence?
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I fell in a puddle of water at the grocery store. Can I
sue and win a lot of money?
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I didn’t have any medical expenses or lost income when I
fell in the store; can I still collect a settlement?
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How is negligence determined?
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I’ve heard the phrase “assumption of risk.” What does it
mean?
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I didn’t go the doctor right away and now I have pain?
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I can’t work; can I file for unemployment even though
litigation is pending?
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I can’t afford an attorney! What do I do?
What is a tort?
Conduct intended to harm another person or their property.
There are numerous specific torts including trespass,
assault, battery, negligence, products liability, and
intentional infliction of emotional distress. Torts fall
into three general categories: intentional torts (e.g.,
intentionally hitting a person); negligent torts (causing
an accident by failing to obey traffic rules); and strict
liability torts (e.g., liability for making and selling
defective products).
What is negligence?
It is a failure to act reasonably in a situation. Doing
something carelessly or failing to do something; i.e.
driving without your headlights on.
What are compensatory
damages?
Compensatory damages seek to reimburse the plaintiff for
any financial loss endured due to the personal injury.
What are punitive
damages?
Punitive damages are used to punish the opposing party.
What does pain and
suffering include?
This would generally be money awarded over and above
medical costs and lost wages.
What is contributory
negligence?
It is a defense to negligence, stating that the
plaintiff’s negligence contributed to their injuries.
I fell in a puddle of
water at the grocery store. Can I sue and win a lot of
money?
Not necessarily. You must first prove the grocery store
either created the hazardous situation or had previous
knowledge of it. If you can prove both these things, the
amount of your "award" will be directly related to your
injury, medical costs and loss of income.
I didn’t have any
medical expenses or lost income when I fell in the store;
can I still collect a settlement?
This is a big misconception. If you don’t suffer an injury
or incur financial losses, chances are slim that you’ll
collect any monetary award.
How is negligence
determined?
Negligence does not simple mean doing something wrong. All
of the following elements must exist for an act to be
considered negligent:
a. Lack of reasonable care
b. Breach of duty
c. Injury to the victim
d. Forseeability (knowing an act would occur based on
the circumstances)
e. Damages
I’ve heard the phrase
“assumption of risk.” What does it mean?
It is used as part of a defendant’s defense. It states
that a user assumes risk in the following ways:
a. If you’ve discovered the risk, but disregard it
b. If you’ve failed to properly maintain an item
c. If you’ve failed to follow the enclosed directions
I didn’t go the
doctor right away and now I have pain?
You should always see a doctor after an accident even if
you’re not feeling pain right away. Be sure to document
when you noticed the pain and when you went to the doctor.
I can’t work; can I
file for unemployment even though litigation is pending?
Yes.
I can’t afford an
attorney! What do I do?
Normally, in cases such as these, you don’t pay the
attorney any money until, and if, you win your case. If
you do win, they are likely to request 33% of the
settlement.
If you or a loved one have
suffered a traumatic brain injury (TBI) please
contact us or
complete our online
case evaluation for a free consultation. You may have
the right to seek compensation, let us help you and your
family.
Traumatic Brain Injury Questions & Answers:
What is traumatic
brain injury?
What are the most
common causes of traumatic brain injury?
What are the side
effects of brain injury?
Who is most at risk
for sustaining a brain injury?
What physical damages
can occur after a brain injury?
How is a traumatic
brain injury diagnosed?
What are cerebral
contusions?
How many people
suffer traumatic brain injury each year?
How is traumatic
brain injury treated?
Can traumatic brain
injury be prevented?
Why is traumatic
brain injury referred to as the “Silent Epidemic”?
What is being done
to raise awareness of traumatic brain injuries?
If a loved one or
I have suffered a brain injury, should I contact an
attorney?
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MARTINEZ, MANGLARDI, DIEZ-ARGUELLES & TEJEDOR, P.A.
TBI LAWYERS
540 North
Semoran Blvd
Orlando, Florida 32807
Telephone (407) 381 4123 |
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903 North
Main Street
Kissimmee, Florida 34744
Telephone (407) 846 2240 |
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2469 East
Semoran Blvd
Apopka, Florida 32703
Telephone (888) DERECHO |
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