How Can We Help?
- We apply legal and medical expertise to evaluate the TBI.
- We evaluate the damages you or a loved one suffered.
- We work with the best accident reconstruction experts.
- We build a strong case for the other party’s negligence.
- We don't let insurance carriers discredit your case.
Sean M. Cleary
Top Rated Traumatic Brain Injury Attorney in Miami
Traumatic Brain Injury Following An Accident in Miami
In Miami and the rest of Florida, over 170K people sustain traumatic brain injuries (TBIs) over the course of just one year, over 3K people die and over 8K people are hospitalized and survive with long-term permanent disabilities.
The term ‘brain injury’ covers a wide-ranging spectrum of potential outcomes of a negligent accident. If the accident occurred in Miami or the rest of Florida and was caused by negligence, then our local attorney can assist your family in bringing a personal injury compensation claim and ensuring maximum financial recovery. We handle two main types of traumatic brain injury cases:
- Traumatic brain injury (TBI) - TBI occurs when an external force causes the brain to move inside of the skull or damages the skull. A TBI can take the form of a concussion, contusion, coup-contrecoup injury, diffuse axonal injury, or penetrating injury. Causes of TBIs include car accidents, falls, blows to the head, and physical violence.
- Acquired brain injury (ABI) - ABI is a common type of brain injury as well, but this type of injury is caused at the cellular level and can take the form of anoxic brain injury (caused by a lack of oxygen to the brain) or hypoxic brain injury (caused by complete oxygen deprivation). An acquired brain injury is most often linked to pressure on the brain, which can be caused by medical issues such as a tumor or a neurological illness, like a stroke. Other causes of ABI include infections, surgical errors, poisoning, strangulation, near-drowning, choking, and aneurysm. These incidents cause inadequate blood and oxygen supply to the brain, leading to the death of a vast number of brain cells.
Traumatic Brain Injury Cases We Handle & Investigate in Miami & Florida
If a loved one sustained a traumatic brain injury in an accident in Miami or the rest of Florida due to the negligence of another person, you and your loved ones can count on our compassionate attorney to help during these tough times. Contact us and we will review your case free of charge. The types of traumatic brain injury cases our law firm provides representation to clients include:
- Traumatic brain injury claims from motor vehicle accidents: TBIs can occur in vehicle accidents such as car accidents, motorcycle accidents, truck accidents, rollover accidents, pedestrian accidents, or drunk driving accidents. Depending on the force and damage, the severity of a TBI may vary from mild (contusion, slight swelling) to severe (skull fractures, brain herniation, and even fatal injury).
- Traumatic brain injury caused by slip-and-fall accidents: Slip-and-fall accidents can cause serious injuries, ranging from concussions to life-altering brain injuries. When the injury was caused by a fall while walking in a parking lot or a store, followed by a hit to the head onto a hard floor or pavement, you should carefully assess if anyone is responsible for the fall as the owner of the property may be liable to pay compensation for said injury.
- Head injuries from falls or other accidents on a construction site: Despite OSHA regulations that require guardrails and other safeguards, traumatic brain injuries often happen as a result of scaffolding falls or other types of construction accidents.
- Offshore traumatic brain injury cases caused by boating and maritime accidents: Slippery decks and poor maintenance practices provide the perfect environment for injuries aboard vessels. Those at fault can be held responsible for the financial and emotional toll the brain injury takes on the injured persons and their families.
- Brain anoxia or hypoxia cases: caused by near-drowning, smoke inhalation attributable to fires in the home (caused by a faulty appliance, for example), any type of accident that leads to the loss of a lot of blood, such as a car accident, or situations of medical malpractice. Medical mistakes that can cause brain anoxia or hypoxia may include surgical errors, heart attack misdiagnosis, stroke misdiagnosis, and untreated brain infections.
- Concussion: A concussion is a common type of mild TBI that can result from automobile accidents or falls. A concussion affects the brain, is usually not life-threatening but can cause serious symptoms that require medical treatment.
- Contusion (Brain Bruise): A contusion is a localized injury that leads to bleeding in the brain and results from trauma. Contusions often occur after a fall or an impact with a sharp object.
- Diffuse Axonal Injury: A diffuse axonal injury might occur in car accidents, in a violent attack, or during a fall. This is a type of TBI that happens when the brain rapidly shifts inside the skull as an injury is occurring and involves the tearing of nerve tissue in the brain. It is one of the most devastating TBIs and in the worst cases can cause wrongful death.
- Hematoma: A hematoma is generally defined as a swelling filled with blood localized outside of blood vessels. Hematomas occur when the brain impacts the interior of the skull, usually as a result of falling from a height or being involved in a motor vehicle accident.
- Penetrating Brain Injury (PBI): A PBI (also called an open brain injury) occurs when an object pierces the skull and can be caused by a motor vehicle or an aviation accident.
Causes of Traumatic Brain Injury
If one of your family members suffered brain damage because of someone else's negligence, we can help you get the compensation you need during this difficult time. As you can see, there are many different causes of traumatic brain injuries. Listed below are some of the most common accidents that cause traumatic brain injuries, both traumatic and acquired:
Traumatic brain injuries may not always be apparent immediately after a car accident, which can be problematic and dangerous. That's why you should seek treatment as soon as you can after a car accident, even if you think you’re fine. Traumatic brain injuries are commonly associated with the following types of injuries caused by auto accidents:
- Open head injury
- Closed head injury
- Penetrating injury
- Coup-contrecoup injury
These injuries are commonly followed by catastrophic consequences, including:
- Concussion
- Diffuse axonal injury
- Injury to the frontal lobe
- Post-concussion syndrome
- Contusion
- Second impact syndrome
It’s important to be evaluated by a medical care professional as soon as possible. Even mild symptoms after a car accident, such as a slight headache, can indicate there is something more serious going on. If a loved one was in a car accident in Miami or somewhere else in Florida and suffered a traumatic brain injury (TBI), we will coordinate everything with a family member and ensure you get fully compensated.
Traumatic brain injuries from truck accidents are a leading cause of disability and death in Florida. Because commercial trucks often weigh 20 to 30 times as much as other vehicles on the road, the force of the impact during an accident can result in traumatic brain injuries that can impact your loved one for decades to come.
Each year, truck accidents are the cause of thousands of traumatic brain injuries in Miami. When the resulting neurological injury is a serious one it can alter a person’s mental status and turn into bigger problems later on.
In general, four main types of injuries can cause brain damage:
- Closed head injuries
- Penetrating injuries
- Anoxic injuries
- Toxic injuries
If you believe that a loved one suffers from a life-long brain injury due to the negligence of another person, contact our traumatic brain injury lawyer today for a free consultation.
Motorcycle riders in Florida have a higher chance of suffering a TBI during an accident than people driving other types of motor vehicles. Because riders are far more likely to be ejected or fall off from the motorcycle and can violently hit against the ground once they land.
Motorcycle brain injuries can have long-term damage and affect the injured person for years. These long-term damages can include:
- Loss of motor skills
- Memory loss
- Seizures
- Trouble speaking
- Inability to work
- Depression, anxiety, or anger
Because the brain is a complex organ, recovery from TBI can take months or even years. The amount of healing and the healing time will depend on the person who suffered the injury.
Suffering a TBI often means hospitalization, hospital visits, and rehabilitation which leads to medical bills piling up and becoming overwhelming. If a loved one suffers from a life-long brain injury due to the negligence of another person, you should contact our experienced traumatic brain injury lawyer for a free case evaluation.
Traumatic brain injuries can be sustained in physical attacks ranging from domestic violence to child abuse, robbery, and rape. Not only is assault the leading cause of brain damage in Americans between the ages of 15 and 24, but it's also the leading cause of brain injury death for children below the age of four.
Brain injuries resulting from a physical assault are different in that symptoms of a TBI resulting from certain closed head injuries often do not physically manifest for a day or two, so prompt diagnosis and treatment is a critical factor in recovery. Delayed diagnosis can become especially likely in an emergency room where the medical personnel is unaware of the exact circumstances under which the patient was admitted.
Victims of assault and their families often suffer far greater emotional trauma than people suffering from brain injuries from other types of accidents. Outrage, depression, and post-traumatic stress are often associated with the intentional infliction of abuse. Not only do these issues require additional treatment, but they can adversely spawn significant financial and emotional damage to family members as well.
If you are dealing with a loved one’s brain injury caused by the negligence of another person, contact our Miami-based brain injury lawyer for a free initial consultation.
Every summer, children and adults in Miami and Florida flock to swimming pools and beaches to escape the heat. Unfortunately, besides being fun, bodies of water can be hazardous.
If the brain goes without oxygen from a submersion injury, brain damage is possible and the adult or child may permanently lose basic functioning and demand care for the rest of his or her life. For Florida’s children aged 1-4, the unintentional drowning rate is more than 7/100K people, by far the highest rate of any state in the U.S.
Traumatic brain injuries can cause loss of motor functioning, memory loss, and learning disabilities requiring expensive and long-lasting medical interventions.
If a loved one has suffered a traumatic brain injury caused by a near-drowning accident due to another person’s negligence, The Law Offices of Sean M. Cleary can help. Please contact us today to schedule a free initial consultation with our experienced traumatic brain injury lawyer in Miami.
When it comes to medical errors that can cause brain damage, especially in Miami or Florida where healthcare and patient care are poor, brain injury accidents are plenty and usually related to:
- Stroke delayed diagnosis or misdiagnosis
- Surgical errors
- Medication errors
- Emergency room errors
- Pediatric malpractice
- Radiology errors
Doctors in Florida are expected to meet their obligation to meet a certain standard of care. The standard of care includes quickly and accurately diagnosis and treatment of medical conditions, illnesses, and injuries. Doctors should use the necessary procedures to find the correct diagnosis and begin a patient's treatment. Unfortunately here in Florida, patients can suffer lasting harm when negligent medical care prevents this from occurring.
The medical personnel who works with patients during treatment can include physicians, therapists, nurses, orderlies, and specialists working at any hospital or medical facility in Florida. With so many medical professionals involved in the medical act, it is important to keep careful records and facilitate communication between everyone involved. Good communication can help prevent mistakes and prevent debilitating injuries.
Another cause of traumatic brain injuries can be inadequate training. Medical professionals who are inadequately trained may be a risk to patients. Training should include education about medical treatments and procedures, but can also include important day to day protocols to protect patients from infection and injury (such as correct sanitization, bandaging, maintaining records, and other tasks).
Stroke - the condition in which blood flow to the brain is obstructed or diminished causing brain cell damage - is the leading cause of adult disability and one of the major causes of death.
When recognized and treated immediately, the damage caused by a stroke can be avoided or reduced, and the chances of survival and recovery are significantly improved. Failure to diagnose a stroke can lead to serious brain injury or even death.
From our office in Miami, the traumatic brain injury lawyer at The Law Offices of Sean M. Cleary has helped countless injured people recover compensation. Call us today to schedule a free initial consultation so we can help your family hold the responsible parties accountable after a failure to diagnose a stroke or stroke misdiagnosis.
A heart attack is a catastrophic event in which the heart stops beating, and the body is starved of the oxygen it needs to survive. When oxygen levels drop significantly low for several minutes or longer the brain cells begin to die. After an extended period, a permanent brain injury known as an anoxic brain injury, or also cerebral hypoxia, may occur.
Immediate treatment is vital when dealing with this type of brain injury. The sooner the normal oxygen supply is restored, the lower the risk of brain damage. The longer a person lacks this oxygen supply, the higher the risk for severe brain injury.
If a loved one sustained a brain injury in Miami or Florida due to a heart attack misdiagnosis, you and your loved ones can count on our compassionate attorney to help during these tough times. Contact us and we will review your case free of charge.
Signs & Symptoms of Traumatic Brain Injury: Seek Medical Attention Immediately
While you may be experiencing minor symptoms such as headaches and nausea, a traumatic brain injury can have a major effect on your quality of life. If you do not seek immediate medical attention, then even minor brain injuries can have serious, permanent effects. If your injury occurred due to someone else’s negligence, you have legal options to recover compensation.
Consider seeing a doctor after any head trauma, especially if you exhibit any of the following TBI symptoms:
- Lapses in memory
- Drastic changes in mood
- Persistent headaches
- Change in sleep habits
- Slurred speech
- Nausea or vomiting
- Seizures or convulsions
Prompt legal action and fair compensation can allow you to receive high-caliber treatment, replace the lost income and otherwise do what it takes to live and cope for the rest of your life.
If you or a loved one sustained a traumatic brain injury in an accident caused by the negligence of another person, contact The Law Offices of Sean M. Cleary, and attorney Sean Cleary will personally review your case and let you know how much we can recover for you.
Long-Term Effects of a TBI on Survivors & Families
Accident or medical error victims who have suffered a TBI, often live with physical, emotional, psychological and cognitive functions that are lost or forever changed as a result of a traumatic brain injury.
Infant brain damage can lead to:
- Long-term disabilities
- Developmental delays
- Mental disabilities
- Other medical conditions
In adults, traumatic brain injury can cause:
- Brain death
- Coma
- Tinnitus
- Chronic pain
- Loss of motor skills
- Loss of senses
- Swallowing impairments
- Seizures
- Difficulties in the thinking or speaking process
- Memory loss
- Learning disabilities
- Lack of physical coordination
- Inability to perform basic bodily functions
- Changes in personality
- Changes in behavior
- Disorientation as to time, place, or person
- Sadness
- Depression
- Adjustment disorders
In all cases, physical damage to the brain is only the beginning of the domino of effects brain injury will have on the lives of the victim and their loved ones. It's not easy to understand the things we cannot see. If the brain is totally damaged and cannot send or receive signals, the body will die. When only certain parts of the brain are damaged, the body can survive. From the outside, victims might look exactly the same while inside, they are a completely different person emotionally, mentally and socially than before the accident. Each of these changes represents a loss of self that affects not only the victim but also the entire family.
What Can You Recover After a Traumatic Brain Injury Incident?
Medical expenses for traumatic brain injuries often reach very high levels. Victims who have sustained brain injuries and their family members are entitled to receive compensation for:
- Medical expenses
- Present and future cost of medical care
- Present and future loss of income
- Pain and suffering
- Physical, occupational, and rehabilitative therapy
- Mental anguish
- Home modifications
- Special education costs
- Counseling and psychological therapy costs
- Lost wages of the injured patient or of the caregiver
- Physical and emotional pain and suffering
In case the injured person dies, a wrongful death case could also add the recovery of:
- Lost companionship
- Funeral expenses
- Medical costs that were incurred before the victim's death
How Can The Law Offices of Sean M. Cleary Help You in a Traumatic Brain Injury Case?
Traumatic brain injury can have tragic effects on a family and the resulting financial burden can cause tremendous strain. If the negligent acts of others were the cause of the traumatic brain injury (TBI), it is likely that you have the right to pursue financial compensation. If you or your loved one suffered a traumatic brain injury (TBI) due to an accident caused by someone's negligence, you are entitled to compensation. While financial compensation cannot reverse the physical and emotional suffering resulting from a traumatic brain injury, it can help cover medical expenses, loss of wages and reduction in lifestyle. For over 20 years, we have been helping Miami residents and families who have suffered a brain injury accident from the negligence of others.
We are dedicated to helping you recover resources to deal with the effects of malpractice and negligence and to bring you justice. We understand how difficult this time can be for a family and the victim and we want to help. We are proud of our record of success and satisfied clients and we can help anyone in Miami, Florida or anywhere in the United States.
We only charge contingency fees, meaning we only charge after the case is closed. These fees range from 34%-40% and are charged from the total amount.
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