Miami Brain Injury Lawyer: Sean M. Cleary

Brain Injury Following An Accident in Miami

The term ‘brain injury’ covers a wide-ranging spectrum of potential outcomes of an accident. Common brain injuries can occur at any time, but some causes are more prevalent than others. You may have suffered your brain injury in an automobile accident, after a fall in a public place, or on a construction site.

If the accident occurred in Miami or Florida state, and was caused by another's negligence, then The Law Offices of Sean M. Cleary can assist you in bringing a personal injury compensation claim ensuring maximum financial recovery for your family.

There are two main types of brain injuries, which can occur in the following situations:

• Traumatic brain injury (TBI) - TBI is caused by an external force that causes brain damage when the brain moves inside of the skull or the skull is damaged. A TBI can be 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, which is caused at the cellular level and can be an anoxic brain injury (reduced oxygen) or a hypoxic brain injury (complete oxygen deprivation). It 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, drowning, choking, and aneurysm.

Brain Injury Cases We Handle & Investigate

Many types of accidents and trauma can cause brain damage and injuries. If you or a loved one sustained a brain injury in an accident due to the negligence of another person, contact us and we will review your case. The types of brain injury cases we handle include:

• Brain injury claims from car and truck accidents. TBIs happen 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 death).
• Traumatic brain injury caused by slip-and-fall accidents. Slip-and-fall liability accidents can cause serious injuries, ranging from concussions to life-altering brain injuries. When you fall while walking in a parking lot or a store, and you hit your head onto a hard floor or pavement, you should carefully assess if anyone is responsible for the fall as you may be entitled to compensation for said injury.
• Head injuries from falls or other construction site accidents. Despite OSHA regulations that require guardrails and other safeguards, brain injuries often happen as a result of construction accidents and scaffolding falls.
• Offshore brain injury cases from 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 victims and their families.
• Brain anoxia (complete oxygen deprivation) or hypoxia (reduced oxygen) which is caused by nearly drowning, smoke inhalation attributable to fires in the home because of 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 medical malpractice issues. Medical mistakes that can cause brain anoxia or hypoxia may include surgical errors, heart attack misdiagnosis, stroke misdiagnosis, and untreated brain infections.

Negligent Causes Of Brain Injury

If you or one of your family members suffered a TBI because of someone else's negligence, our local attorney in Miami at The Law Offices of Sean M. Cleary can help you get the compensation you need during this difficult time. As mentioned, there are many different causes of TBI. Listed below are some of the most common accidents that cause brain injuries, both acquired and traumatic:

• Car accidents
• Truck accidents
• Motorcycle accidents
• Slips and falls
• Assaults
• Medical errors
• Poisoning or exposure to toxic substances
• Infection
• Drowning
• Stroke
• Heart attacks

At The Law Offices of Sean M. Cleary, our practice includes representation for clients in Florida and also in other states, for all types of brain damage or injury, including:

• 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 against 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.

Signs & Symptoms of a Brain Injury: Seek Medical Attention Immediately

While you may be experiencing minor symptoms such as headaches and nausea, the injury can still 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 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 brain injury.

Infant brain damage can lead to:

• Long-term disabilities
• Developmental delays
• Mental disabilities
• Other medical conditions

In adults, 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 Brain Injury Incident?

Medical expenses for 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 Brain Injury Case?

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 brain injury, it is likely that you have the right to pursue financial compensation.

If you or your loved one suffered a brain injure 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 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.

To arrange a free initial consultation about a brain damage case, call our office at 305.416.9805. You can also reach us online. We only charge contingency fees, meaning we only charge after the case is closed.