Traumatic brain injuries can turn life upside down in an instant. Daily routines become difficult, memory and focus fade, and the future is uncertain. These injuries often occur in accidents that someone prevents by acting responsibly.
When negligence plays a role, the consequences can be life-changing. If you or a loved one suffers a traumatic brain injury due to someone else’s actions, protect your rights. Englander Peebles has experience handling traumatic brain injury cases and can guide you through the legal process. Take the first step toward securing the support you need.
Key Takeaways: Common Causes of Traumatic Brain Injury
- Motor vehicle accidents are the leading cause of traumatic brain injuries, including car crashes, motorcycle accidents, and pedestrian collisions.
- Falls represent another major cause of TBI, particularly slip and fall accidents on unsafe premises.
- Vehicles frequently strike cyclists or pedestrians, causing head trauma in bicycle and pedestrian accidents.
- Rideshare accidents involving Uber or Lyft can cause serious brain injuries to passengers and other road users.
- Assaults and violent incidents cause traumatic brain injuries requiring both criminal and civil legal action.
- Sports and recreation accidents sometimes involve negligent supervision or unsafe conditions, leading to head injuries.
- Call a personal injury attorney to evaluate your legal options after suffering a traumatic brain injury caused by negligence.
Motor Vehicle Accidents and Brain Injuries
Car accidents are the leading cause of traumatic brain injuries. The forces in collisions often make occupants’ heads strike windows, dashboards, or airbags. Even sudden stops can cause the brain to move within the skull, which is the main cause of the injury.
Fort Lauderdale and Miami roads see thousands of accidents each year. High speeds, heavy traffic, and aggressive driving put everyone at risk. Rear-end crashes can cause whiplash that includes brain injury components. Side-impact collisions expose occupants to severe forces, and head-on crashes often result in major traumatic brain injuries.
Distracted driving, such as texting, using navigation systems, or eating, is a leading cause of accidents. Drunk and impaired drivers also remain a serious problem despite strict laws. When these drivers cause accidents, they are responsible for all resulting injuries.
Brain injuries from car accidents can have long-lasting effects, including cognitive difficulties, personality changes, chronic headaches, and reduced earning capacity. Compensation should cover both immediate medical costs and the lifetime impact of these injuries.
Our personal injury lawyers at Englander Peebles represent Broward and Miami-Dade County victims. We’re committed to holding negligent drivers accountable and helping secure recovery for care and rehabilitation.
Motorcycle Accidents and Head Trauma
Motorcycle accidents often lead to traumatic brain injuries because riders lack the protection of enclosed vehicles. Even with helmets, collisions with cars or crashes caused by hazardous roads can result in serious head trauma.
Florida’s year-round riding means motorcycles constantly share the roads with cars and trucks. Drivers frequently fail to see riders or misjudge their speed and distance. Left-turn accidents, lane-change collisions, and rear-end crashes put motorcyclists at high risk. The physics of these accidents often make brain injuries unavoidable. With tremendous force, riders leave their bikes and strike pavement, vehicles, or fixed objects.
Road hazards like potholes, gravel, oil slicks, and debris can be catastrophic for motorcyclists. When government agencies fail to maintain safe roads or property owners allow hazards to spill into roadways, they may be liable for resulting injuries.
Motorcycle accident claims require attorneys who understand the risks riders face and the biases they sometimes encounter from insurers or juries. Englander Peebles focuses on proving driver negligence and protecting motorcyclists’ rights.
Slip and Fall Accidents on Unsafe Property
Property owners are legally responsible for maintaining reasonably safe conditions and warning visitors about known hazards. When they breach these duties, they’re liable for injuries that result.
Slip and fall accidents happen in numerous settings throughout Fort Lauderdale and Miami. Grocery stores with wet floors, restaurants with cluttered walkways, office buildings with inadequate lighting, and parking lots with uneven pavement all present fall hazards.
Property owners act negligently when they know these dangers and fail to address them. The brain injuries from falls can be just as severe as those from vehicle accidents. Striking your head on concrete, tile floors, or other hard surfaces generates tremendous impact forces.
Even falls from standing height can cause serious brain damage. Some falls occur because of inadequate maintenance. Broken stairs, loose handrails, torn carpeting, and poorly maintained walkways all contribute to accidents. Property owners who defer maintenance or ignore hazardous conditions put visitors at risk.
Weather conditions create additional fall hazards that property owners must address. Rain makes surfaces slippery, and South Florida’s frequent storms mean property owners must stay vigilant about water accumulation and slick surfaces. Proving liability in slip and fall cases requires showing that the property owner knew or should have known about the hazardous condition.
Evidence like maintenance records, incident reports, and witness testimony helps establish notice. Our attorneys at Englander Peebles investigate thoroughly to build strong premises liability cases.
These cases also require demonstrating that the hazard caused your fall and the resulting brain injury. Medical records connecting your head trauma to the fall, documentation of the hazardous condition, and testimony about how the accident occurred all support your claim.
Pedestrian Accidents and Brain Injuries
Pedestrians struck by vehicles often suffer serious injuries, with traumatic brain injuries among the most common. Florida sees thousands of pedestrian injuries and deaths each year, making it one of the most dangerous states for walkers.
Crosswalk accidents happen when drivers fail to yield, are distracted, or run red lights. Parking lot collisions occur when drivers back out or speed through areas where people are walking. Sidewalk accidents happen when vehicles leave the roadway, putting pedestrians at risk.
Because pedestrians have no protection, impacts often cause severe head injuries, broken bones, spinal damage, or internal injuries, requiring surgery, hospitalization, and long-term care. Liability usually rests with the driver who failed to exercise reasonable care under Florida law.
Bicycle Accidents Causing Head Trauma
Cyclists face a high risk of traumatic brain injuries when hit by vehicles or when road hazards cause crashes. Even with a helmet, the force of many accidents exceeds what protective gear can prevent.
Driver negligence causes most bicycle crashes. Failing to check blind spots, passing too closely, opening doors into cyclists’ paths, or ignoring traffic signals puts riders at serious risk. Dooring accidents are especially dangerous, as cyclists have no time to react and often strike their heads on the ground. Intersections also pose risks. Right hook or left cross accidents occur when drivers turn without seeing cyclists, frequently resulting in severe head injuries.
Road conditions can contribute as well. Potholes, debris, uneven pavement, and poorly maintained bike lanes can cause cyclists to crash. Government entities responsible for maintenance may be liable when negligence is a factor.
Brain injuries from these accidents often have long-term effects, including cognitive issues, personality changes, headaches, balance problems, and reduced earning capacity. We at Englander Peebles help injured cyclists pursue compensation to address their medical needs and the lasting impact on their lives.
Assaults and Violent Incidents
Traumatic brain injuries from assaults deserve both criminal prosecution and civil compensation. Property owners can be liable if they fail to provide adequate security where assaults occur. Bars, nightclubs, apartment complexes, and parking facilities must protect visitors, especially when they know of crime risks.
Compensation claims focus on proving that better security, like cameras, lighting, personnel, or controlled access, can prevent the attack. Evidence of prior incidents, local crime statistics, and security standards support these claims.
Assault-related brain injuries are often severe, caused by blunt force trauma to the head, and require extensive medical care. Civil claims help victims recover financially even when criminal cases don’t provide restitution.
Sports and Recreation Accidents
Sports and recreational activities can lead to traumatic brain injuries when supervision is lacking, equipment fails, or facilities are unsafe. While participants accept some risks, they don’t agree to injuries caused by negligence.
Youth sports organizations must provide proper coaching, enforce safety rules, and ensure supervision. They face liability when they fail, and a child suffers an injury. Facility owners, such as gyms and sports complexes, must maintain safe conditions, and equipment manufacturers are responsible if defective helmets or gear contribute to injuries.
Some injuries occur from other participants’ reckless behavior. Normal competitive play isn’t enough for liability, but actions that break rules or exceed safe conduct can support claims. The key is distinguishing between accepted risks and preventable negligence.
Legal Remedies for Traumatic Brain Injuries
Traumatic brain injuries often cause life-changing losses that require significant compensation. Medical costs alone can be overwhelming, covering emergency care, surgeries, hospital stays, rehabilitation, therapy, and long-term treatment.
Lost income is another major factor, as many TBI victims can’t return to their previous jobs or face reduced earning capacity. Pain and suffering damages recognize chronic headaches, cognitive struggles, emotional distress, and reduced quality of life. Spouses may pursue loss of consortium claims for the impact on their relationships.
Future care must be carefully planned, with input from neurologists, neuropsychologists, and life care specialists. Insurance companies often fight hard, disputing injury severity or causation. We work with medical professionals at Englander Peebles and guide you through complex claims in Broward and Miami-Dade courts, helping secure the compensation you need.
Time Limits and Legal Procedures
Florida law gives you a limited time to file a traumatic brain injury claim, usually two years from the injury, though government claims may require shorter notice. TBI symptoms can appear later, but delayed recognition doesn’t always extend deadlines.
Acting quickly lets your attorney gather medical records, interview witnesses, and document damages while the evidence is fresh. Acting promptly also ensures you meet insurance notice requirements. We at Englander Peebles guide you through this process.
Why You Need an Attorney for TBI Cases
Traumatic brain injury cases are some of the most complex personal injury claims. They involve serious medical issues, long-term care costs, and often multiple insurance policies and defendants.
Insurance companies devote significant resources to minimizing payouts, hiring doctors, economists, and attorneys to challenge claims. Having legal support helps level the playing field. Englander Peebles works with trusted medical and financial specialists to prove damages and identify all responsible parties.
FAQ: Traumatic Brain Injury Causes and Claims
How do I know if I have a traumatic brain injury?
Symptoms include headaches, confusion, memory problems, personality changes, balance issues, and sensitivity to light or noise. Seek immediate medical evaluation if you’ve suffered any head impact or experienced forces that can cause brain movement within the skull.
Can I file a claim if symptoms didn’t appear until weeks after the accident?
Yes, delayed brain injury symptoms are common and don’t prevent you from filing a claim. However, time limits still apply, so consult an attorney promptly even if symptoms emerge later.
What if the person who caused my brain injury doesn’t have insurance?
Other compensation sources may be available, including your uninsured motorist coverage, multiple liable parties, or bonds required of certain businesses. An attorney can identify all potential recovery sources.
Do all brain injuries require surgery?
No, many traumatic brain injuries don’t involve surgery but still cause serious long-term problems. The absence of surgery doesn’t diminish the severity of your injury or your right to compensation.
How long does it take to settle a traumatic brain injury case?
TBI cases often take longer than other personal injury claims because the full extent of injuries may not be apparent for months or years. Your attorney should delay settlement until you reach maximum medical improvement to account for all future needs.
Speak with Englander Peebles About Your Traumatic Brain Injury Case
If you or a loved one has suffered a traumatic brain injury caused by another party’s negligence, contact our personal injury attorneys at Englander Peebles today. We offer free consultations to evaluate your case and explain your legal options. You don’t pay attorney fees unless we recover compensation for you.
Time limits apply to brain injury claims, so act quickly to secure the legal support you need. Call us at (954) 226-9134 to speak with a personal injury lawyer who understands traumatic brain injuries and knows how to fight for maximum compensation. We serve clients throughout Fort Lauderdale, Miami, and the surrounding areas. Let us handle the legal complexities while you focus on recovery.