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How to Find a Top Brain Injury Attorney in Miami

Every year in the United States, roughly 2.6 million people sustain brain injuries from accidents and other causes such as stroke, illness, or lack of oxygen. About 52,000 brain injury victims die each year.

For those who survive a brain injury, persistent symptoms and lasting disabilities are common. Millions of survivors require long-term assistance or care after surviving traumatic brain injuries. Depending on the seriousness of a brain injury, the lifetime cost of care can reach multiple millions of dollars.

Types of Brain Injuries

Any brain injury acquired since birth, whether traumatic or caused by illness, lack of oxygen, hemorrhage, or other situations, are considered acquired brain injuries (ABI). Traumatic brain injuries (TBI) are injuries to the brain caused by trauma to the head. Treatment, symptoms, effects, and care vary based on the type and cause of the brain injury.

Concussions are a milder form of brain injury, though they are also concerning. About 75 percent of annual traumatic brain injuries are concussions and other milder forms of TBI.

Chronic traumatic encephalopathy (CTE) is another type of brain injury, commonly seen in football players and boxers who have suffered repeated hits to the head. This condition was colloquially known as being “punch drunk.” Athletes and people who have suffered repeated head impacts, concussions, and head injuries may be at risk of developing CTE. CTE is a debilitating, degenerative condition diagnosed after death. The descriptions of CTE’s clinical features are mostly based on interviews with family members after a loved one’s death and subsequent CTE diagnosis. Individuals who have died with CTE are often reported to have shown signs of changed behaviors and thinking, movement changes, mood and personality changes, and symptoms of impulsiveness, depression, anxiety, memory loss, forgetfulness, and suicidal ideation.

According to the Centers for Disease Control, most people with head impacts or brain injuries will not get CTE, and there is no evidence to suggest that one concussion leads to CTE.

Common Causes of Brain Injuries

The most common traumatic brain injury causes are:

  • Motor vehicle and pedestrian accidents
  • Bicycle accidents
  • Boating accidents
  • Sports accidents
  • Slips and falls
  • Workplace accidents
  • Violence or gunshot wound
  • Bomb blasts / explosions / military attacks

The most common causes of a non-traumatic brain injury are:

  • Strokes
  • Hypoxia (lack of oxygen)
  • Tumors
  • Cancer and other illnesses
  • Brain inflammation or infection
  • Other infections

Effects of Brain Injuries

Brain injuries are serious, requiring emergency care and hospitalization in the immediate aftermath and rehabilitation. Symptoms of a brain injury vary widely but may include; coma, vegetative state, death, minimally conscious state, amnesia, confusion, inability to speak or understand language, aggression, blurred vision, headache, depression, seizures, ringing in the ears, sensitivity to light, sleep disorder, instability, nerve injury, and more.

Recovery from a brain injury can take years or may never happen. You may see a speedy improvement over the first six months followed by a plateau, but everyone is different, and the recovery process varies from one person to the next. Many brain injury patients require assistance with the activities of daily living or modifications to their homes while others may need to be institutionalized for the remainder of their lives.

The catastrophic nature of brain injuries, extended recovery time, and care translate into significant costs that include everything from medical bills, rehabilitation, 24-hour caregivers, home modifications, medical equipment, and more. In addition, loss of income is another effect of brain injuries that shouldn’t be overlooked. Cognitive difficulties and other lasting effects often mean that a brain injury patient may never be able to return to work. The lifetime costs of a survivor’s brain injury can reach tens of millions of dollars.

That’s why it’s important to retain an experienced brain injury lawyer. Brain injury lawsuits are used to hold the negligent party or parties legally responsible for the brain injury. Depending on the circumstances of the injury, this could involve a driver or property owner and his or her insurance company, a hospital, a city, a manufacturer, or anyone wholly or partially responsible. In some cases, there may be multiple parties involved. For example, in a car crash, a product failure, such as faulty brakes, may have contributed to the injury. Thus, not only will the auto insurance be involved, but the manufacturer as well.

In order to prove negligence, your brain injury lawyer will need to gather evidence documenting the nature of the brain injury, its cause, and how the defendant’s negligence contributed to it. It comes down to four elements: duty, breach of duty, causation, and damages. After proving fault, the attorney must prove the incident caused the damage and then prove the extent of the damages and the lifetime costs required to care for the person.

Traumatic brain injury cases are often settled out of court, but when looking for a brain injury lawyer in Miami, be sure to look for an experienced trial lawyer willing to take the case to verdict. The best of the best brain injury lawyers are board certified civil trial lawyers. Only a very limited number of trial lawyers in Florida have achieved board certified status. They are board certified by the Florida Bar Board of Legal Specialization, and that requires experience, referenced=s from judges, and the passing of a very arduous examination. Once board certified, trial lawyers must be re-certified every five years.

Brain Injury Lawyers in Miami

Leighton Law, a Florida law firm with experienced, board certified trial lawyers, has obtained some of the largest brain injury verdicts and settlements in Florida including:

  • $24 million verdict for medical malpractice brain damage
  • $9 million settlement for brain damage suffered in a hospital
  • $3.5 million settlement for brain damage from a motorcycle crash
  • $1.125 million settlement for mild traumatic brain injury
  • $2.575 million wrongful death recovery for brain damage due to inappropriate medications given in a hospital
  • $2.1 million settlement for closed head trauma from a boating accident

Brain injury cases are complex personal injury cases with substantial long-term effects that must be addressed. The stakes are high with medical bills, rehabilitation, loss of income, the need for ongoing care, and potentially, a lifetime of disability. If you or a loved one has suffered a brain injury, engage one of Leighton Law’s trial attorneys who specializes in catastrophic injuries. We understand the devastation you and your loved ones are facing. Contact us now to schedule a free consultation.

Article by:

John Leighton

A nationally-recognized trial lawyer who handles catastrophic injury and death cases. He manages Leighton Law, P.A. trial lawyers, with offices in Miami and Orlando, Florida. He is President of The National Crime Victim Bar Association, author of the 2-volume textbook,Litigating Premises Security Cases, and past Chairman of the Association of Trial Lawyers of America’s Motor Vehicle, Highway & Premises Liability Section. Having won some of the largest verdicts in Florida history, Mr. Leighton is listed inThe Best Lawyers in America (14 years), “Top Lawyers” in the South Florida Legal Guide (15 years), Top 100 Florida SuperLawyer™ and Florida SuperLawyers (14 years), “Orlando Legal Elite” by Orlando Style magazine, and FloridaTrend magazine “Florida Legal Elite

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