A traumatic brain injury is a severe head injury which could have long-lasting implications. Depending on the severity of the injury, victims could experience debilitating side-effects that render them incapable of living a normal life. Medical treatment associated with a traumatic brain injury could also prove to be very expensive, putting a severe strain on the finances of many victims and their families.
Considering how expensive treatment for a TBI may be, victims may want to consult with a knowledgeable injury attorney to learn more about obtaining compensation. A Pinellas County traumatic brain injury lawyer could help you calculate the amount of damages you may be owed, as well as examine any potential settlement offers.
Symptoms of a Traumatic Brain Injury
The state legislature has addressed traumatic brain injuries in Chapter 960 of the Florida Statutes. According to Florida Statutes §960.03, the following symptoms are all potential indicators of a TBI:
- Sensory or motor difficulties
- Complex integrated hindrance of cerebral function
- Episodic neurological disorders
- Severe communication disruption
Victims suffering from these symptoms may have a TBI. Discussing a potential lawsuit with a Pinellas County traumatic brain injury attorney may be beneficial under these circumstances.
Negligence Claims for Pinellas County Traumatic Brain Injuries
Sometimes traumatic brain injuries occur when someone falls down while drunk. Although bartenders and liquor stores are not per se liable if they sold alcohol to someone who later becomes traumatically hurt, there are exceptions.
Under Fla. Stat. §960.03, individuals or merchants who willfully serve alcoholic beverages to certain unauthorized persons could be deemed negligent. Selling to persons who are underage or visibly intoxicated, for example, may subject the seller to liability if that person then suffers a severe head injury while intoxicated.
Actions Against Negligent Contractors
If a resident of Pinellas County receives a blow to the head caused by the negligence or inaction of a contractor, they may have grounds to file suit against that contractor. If the court determines that the contractor was unlicensed, further penalties may apply.
Traumatic brain injury victims may be awarded up to three times the actual damages caused by a negligent and unlicensed contractor under Fla. Stat. §768.0425. Specifics of this statute may be worth discussing with a traumatic brain injury lawyer in Pinellas County.
TBI From Falling into a Pit or Hole
Under Fla. Stat. §768.10, it is unlawful for a person or company to leave an unprotected hole open if it is more than two feet wide or two feet deep. Mining operations are excluded from this regulation.
A victim who falls into an unenclosed pit may be able to establish fault by proving that the defendant failed to obey this rule. Successful claimants might be able to receive twice the amount of actual damages under the guidelines of this statute.
Concussion Laws in Pinellas County
All U.S. states have Return to Play regulations for scholar athletes. Per Fla. Stat. §1006.120, Pinellas County schools are required to educate coaches and parents about concussions and other traumatic brain injuries.
The statute regulates athletic departments that are part of the Florida High School Athletic Association (FHSAA). Coaches must immediately take an athlete out of a game, if they believe the youth might have a concussion. Furthermore, players may not return to practices or games until they have obtained medical clearance.
Make an Appointment with a Pinellas County TBI Attorney
The effects of traumatic brain injuries can reach beyond the injured party to their family as well, resulting in lost wages, high medical costs, and loss of enjoyment of life. If you or a loved one experienced an accident that ended in a TBI, legal assistance may be helpful as you seek to recover compensation for your losses. Talk to a Pinellas County traumatic brain injury lawyer to learn more about your options.
