Compensation For Head and Neck Injuries
Unfortunately, head and neck injuries remain far too common in South Florida. These injuries can happen in many different situations, from car accidents to slip and fall accidents. Worse yet, when a head or neck injury does occur, it has the potential to be very serious, even catastrophic. In many cases, the injured victim is left dealing with immense pain and suffering and a stack of unpaid medical bills.
In Miami, most personal injury claims are governed by Florida’s comparative negligence standard (Section 768.81). Under this statute, the party who was at fault for the victim’s injuries can be held liable for the victim’s damages. This gives many head and neck injury victims a path to recover financial compensation. However, in practice, actually obtaining full and fair compensation in a Miami personal injury case can be extremely challenging.
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Did You Suffer A Serious Injury?
At Dolan Dobrinsky Rosenblum Bluestein, LLP, our Miami personal injury attorneys have extensive experience handling complex head and neck injury claims. We help victims fight for the full and fair compensation that they rightfully deserve. If you or a family member sustained a serious head or neck injury in South Florida, please contact our law firm for a free review of your case.
Common Types of Head Injuries
- Facial lacerations: Severe facial lacerations can occur in many different types of accidents. While some cuts will heal on their own, others require stitches or an invasive operation. Unfortunately, in some cases, facial lacerations can result in long-term disfigurement.
- Eye injuries: With head injuries, there is a major risk of damage to your eyes. Eye injuries can come in many different forms. In the worst cases, a victim may suffer permanent damage to their vision.
- Dental injuries: If you sustain a blow to the head, whether in an auto accident, workplace injury, or a fall, you may end up with serious mouth injuries. Damaged or broken teeth may require extensive dental treatment.
- Concussions: Concussions (traumatic brain injuries) are one of the worst types of head injuries. Not only can brain injuries cause permanent damage, but they are very difficult to diagnose and treat. Brain injuries always require immediate medical attention.
- Skull fractures: A skull fracture is a break in the bone that surrounds your brain. This is a distinct injury from a concussion, though skull fractures and concussions often occur at the same time. Skull fractures always require emergency treatment.
Common Types of Neck Injuries
- Whiplash: Often associated with auto accidents, whiplash is a form of soft tissue damage to the neck area. It occurs when muscles, ligaments, and nerves are ‘whipped’ violently back and forth. Whiplash can be extremely painful and it is notoriously difficult to diagnose.
- Vertebrae or spine damage: Vertebrae and spinal cord injuries sometimes manifest themselves by causing neck pain. These injuries are complex. They require emergency medical attention. You do not want to risk making spinal cord damage even worse.
- ‘Pinched’ Nerves: A pinched nerve causes tremendous, sharp pain to the victim. If you have experienced a pinched nerve, you should get yourself checked out. Though, fortunately, pinched nerves do not always require extensive treatment.
- Repetitive Stress Injuries (RSIs): Some neck injuries occur gradually over time. These are referred to as repetitive stress injuries (RSIs) or repetitive trauma injuries (RTIs). Often, they are the result of repeated strain in the workplace. An RSI can be incredibly painful, and sometimes even completely debilitating.
What is a Traumatic Brain Injury?
Traumatic brain injuries are generally caused by a traumatic jolt or blow to the head. These can be considered closed head injuries, in which case the skull does not open and expose the brain. In other cases, an object may penetrate the skull and expose the brain. This type of injury is known as an open head injury. The brain will suffer serious consequences in either case, as bleeding, swelling, and pressure build inside the skull.
There are many common causes of head injuries in Florida, but some are more common than others. These include:
- Auto accidents, including car crashes, truck accidents, and motorcycle collisions
- Slip and falls, and other premises liability accidents
- Dog bites
- Sports injuries
- Medical malpractice
- Defective products
The majority of the above types of accidents are typically caused by the negligence, or carelessness, of another person. When that is the case, accident victims can file a claim against them for damages.
Skull Fractures: Signs and Treatments
The brain is not always injured in a skull fracture accident, so some people are not immediately aware that their skull has cracked. Some of the more common symptoms to look for include:
- Tenderness in the skull
- Swelling around the point of impact
- Bleeding from nose or ears
Less often, you might experience headaches, vomiting, lightheadedness, and loss of coordination. These symptoms usually do not improve on their own but can worsen as the days pass.
If you knocked your head on something, go to the hospital just to be safe. A doctor can order an X-ray or CT scan to see if you have broken your skull.
Treating a Skull Fracture
Skull fractures present some unique problems for healing. With a broken leg, for example, a doctor can immobilize the limb by placing a cast on it. With serious breaks, the doctor might insert pins or screws to hold the bone fragments together before they fuse.
Most skull fractures do not cause pieces of bone to separate from the skull. Instead, a doctor will check to see whether the crack is so serious that cerebrospinal fluid is leaking from the brain. This is the liquid that floats around and cushions the brain. Any leak could be very dangerous, and surgery is warranted in that case to protect the patient’s life.
If any part of the skull is depressed, then the chances of brain damage also increase because bone has invaded the brain cavity. Surgery can remove any pressure on the brain and improve the overall appearance of the skull.
Many patients will only need pain medication as they wait for the skull to heal. However, a doctor might require that you limit your activity, and some victims cannot return to work.
Did You Suffer a Serious Head or Neck Injury in Miami?
If you suffered a serious head or neck injury in Miami, Florida, you need to consult with an attorney immediately. You may be entitled to full financial compensation for your damages. Your Miami personal injury lawyer will be able to review your claim under Florida’s comparative negligence statute in order to determine what exactly you need to do to get compensation. For the most part, personal injury claims are defended by large insurance companies. These insurers work aggressively to try to limit the value of head and neck injury claims. You need to work with a Miami head and neck injury lawyer who can help you build a strong case so that you can make a full recovery. We may be able to help you recover compensation for:
- Emergency room fees;
- All other medical bills;
- Physical rehabilitation;
- Mental health counseling;
- Short-term disability (STD);
- Long-term disability (LTD);
- Lost current and future wages;
- Pain and suffering;
- Emotional distress; and
- Loss of life enjoyment.
What Compensation Can You Claim After a Head Injury?
Under Florida law, accident victims have the right to claim compensation against a negligent party any time they cause an injury. It is important to have an attorney review your claim, as no two head injuries are identical and as such, the damages available differ from case to case. The most common damages awarded in head injury cases include:
- Medical expenses related to the injury and any related complications or health conditions
- Any out-of-pocket expense, including the costs of transportation to and from treatment
- Lost income for wages lost after the accident, and any income lost if you cannot return to the same line of work afterwards
- Pain and suffering
The above are just some of the most common types of damages available after someone suffers a head injury. A Miami personal injury lawyer can help you claim the full and fair settlement you deserve.
Contact Our Miami Personal Injury Attorneys Today
At Dolan Dobrinsky Rosenblum Bluestein, LLP, our top-rated Florida personal injury lawyers have extensive experience handling head and neck injury claims. If you or a family member sustained a severe head or neck injury in South Florida, please contact us today for a free case review. From our offices in Miami and Fort Lauderdale, we represent head and neck injury victims throughout the region, including in West Palm Beach, Miami Beach, Hollywood, Hialeah, North Miami, and Boca Raton.
For Legal Advice Concerning a Head and Neck Injury
If you suffered a head and neck injury in an accident, call (305) 371-2692, or contact us online to schedule a free initial consultation.
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