Gould Cooksey Fennell

Traumatic Brain Injury

People often wonder if their injuries are severe enough to even justify hiring an attorney. If you’ve suffered from a brain injury, we can assure you that it’s worth receiving a consultation from our Vero Beach brain injury attorneys. With all the complexities that can be involved in such a serious injury, it’s very important to have any type of injury claim reviewed by a team of expert personal injury attorneys.

Vero Beach Traumatic Brain Injury Lawyers

If you or a loved one have sustained a traumatic injury as a result of someone else’s negligence—whether it was the result of a car accident, motorcycle collision, medical malpractice, or any other incident—you need a lawyer who will vigilantly manage all aspects of your case. Victims who have suffered brain injuries may have trouble focusing or experience lapses in memory—both of which can cause emotional and mental distress in an already painful situation. Trusted attorneys are critical in brain injury cases because they advocate on behalf of their clients’ best interests, educating and guiding them through a process that’s often unpredictable and complicated.

At Gould Cooksey Fennell, we’re proud to say that we’re a Vero Beach brain injury law firm that offers years of experience in this field. Our team brings passionate representation from attorneys who will work tirelessly for you. We’re known for the personal attention we provide our clients and their families, and the people of Indian River County know we have a reputation for delivering results.

Types of Brain Injury Cases We Handle

The attorneys at Gould Cooksey Fennell bring a lot of experience in many types of personal injury lawsuits. In addition to general wrongful death cases, we also handle personal injury cases in which traumatic brain injuries resulted from the situation. This means we often represent clients who have been harmed in:

  • Auto accidents
  • Motorcycle accidents
  • Trucking accidents
  • Premises liability accidents

What is a Traumatic Brain Injury (TBI)?

The Mayo Clinic defines a traumatic brain injury as a situation which “usually results from a violent blow or jolt to the head or body. An object that penetrates brain tissue, such as a bullet or shattered piece of skull, can also cause traumatic brain injury. Mild traumatic brain injury may affect your brain cells temporarily. More-serious traumatic brain injury can result in bruising, torn tissues, bleeding and other physical damage to the brain. These injuries can result in long-term complications or death.”

If you’ve received a blow to the head, it’s important to always seek the guidance of a medical professional who can evaluate your symptoms and determine the severity of your injury. This, however, can be a costly endeavor, which is why you’ll want the assistance of a skilled team of personal injury attorneys fighting for your rights and any compensation that might be owed to you. In fact, according to FloridaHealth.gov, the median admission charge for non-fatal traumatic brain injury hospitalization charges easily exceeds $40,000.

People with TBI can experience a wide range of symptoms, from mild to severe. Symptoms can also affect a person’s physical, sensory, and cognitive abilities. The following are some symptoms a person might experience if they have a traumatic brain injury:

Mild traumatic brain injury

The signs and symptoms of mild traumatic brain injury may include:

Physical symptoms

  • Loss of consciousness for a few seconds to a few minutes
  • No loss of consciousness, but a state of being dazed, confused or disoriented
  • Headache
  • Nausea or vomiting
  • Fatigue or drowsiness
  • Problems with speech
  • Difficulty sleeping
  • Sleeping more than usual
  • Dizziness or loss of balance

Sensory symptoms

  • Sensory problems, such as blurred vision, ringing in the ears, a bad taste in the mouth or changes in the ability to smell
  • Sensitivity to light or sound

Cognitive or mental symptoms

  • Memory or concentration problems
  • Mood changes or mood swings
  • Feeling depressed or anxious

Moderate to severe traumatic brain injuries

Moderate to severe traumatic brain injuries can include any of the signs and symptoms of mild injury, as well as these symptoms that may appear within the first hours to days after a head injury:

Physical symptoms

  • Loss of consciousness from several minutes to hours
  • Persistent headache or headache that worsens
  • Repeated vomiting or nausea
  • Convulsions or seizures
  • Dilation of one or both pupils of the eyes
  • Clear fluids draining from the nose or ears
  • Inability to awaken from sleep
  • Weakness or numbness in fingers and toes
  • Loss of coordination

Cognitive or mental symptoms

  • Profound confusion
  • Agitation, combativeness or other unusual behavior
  • Slurred speech
  • Coma and other disorders of consciousness

Types of Traumatic Brain Injuries

There are different types of TBIs, including:

  • Concussions. Mild head injuries that can cause brief losses of consciousness and usually don’t lead to permanent brain injury.
  • Contusions. Braises to specific areas of the brain that are caused by an impact to the head.
  • Diffuse axonal injuries (DAIs). A shearing and stretching of the nerve cells at the cellular level and happens when there is tearing and damage done to the nerve axons.
  • Traumatic Subarachnoid Hemorrhage (tSAH). Bleeding into the space that surrounds the brain.
  • Hematoma. A blood clot that forms when a blood vessel ruptures.

Leading Causes of Traumatic Brain Injury in Florida

Traumatic brain injuries can occur in a number of ways. Any blow or jolt to the head can potentially disrupt the normal functioning of the brain. Some of these injuries can be mild to severe, while others can be fatal. According to FloridaHealth.gov, the following information was discovered about TBIs in Florida as of 2012:

Non-Fatal Traumatic Brain Injuries

Falls accounted for more than half (55%) of non-fatal TBI hospitalizations. The remaining half of patients’ injuries resulted from a combination of MV traffic, being struck by or against an object, or something else.

Fatal Traumatic Brain Injuries

Firearms were the leading cause of fatal TBIs in Florida, measuring in at 42%. Falls were the second-leading cause, with 30% of patients succumbing to those types of injuries.

Is There a Time Limitation for Brain Injury Cases?

Brain injury cases are treated as personal injury cases except when there’s TBI as a result of malpractice. Cases can take years, so it’s important to consult an attorney as soon as you suspect there’s been negligence.

Florida has a four-year statute of limitations on non-malpractice brain injuries. However, the state has a two-year statute of limitations with a four-year statute of refuse and a seven-year maximum cap for cases that are grossly negligent like fraud, concealment, or “intentional misrepresentation by a prospective health care worker.”

Economic Damages Resulting from Traumatic Brain Injuries

Like many other serious medical issues, a traumatic brain injury can affect more than your brain itself; the economic damages that are associated with something like this can be devastating. Patients with TBI may face the following during and after their injuries:

  • Short- and long-term medical care
  • Physical and mental therapy
  • Pain and suffering
  • Daily quality of life changes
  • Permanent disability
  • Lost employment

Why Hiring an Experienced Brain Injury Attorney is Crucial

There’s a lifetime value cost associated with TBI. Our attorneys can help determine what that amount is and work with your insurance companies to ensure you receive the compensation and coverage that’s owed to you. We have relationships with knowledgeable health experts who can speak about your case on your behalf. We can help prove gross negligence in the event of an auto, motorcycle, or truck accident. Additionally, we can help negotiate medical bills and send payments on your behalf so you can be with your loved ones recovering.

Let Our Experienced Team Fight For You—Schedule a Free Consultation

Gould Cooksey Fennell is proud to be the personal injury law firm that Vero Beach residents turn to when they need help. We also serve neighbors in Indian River County, Treasure Coast, Port St. Lucie, Fort Pierce, and Stuart.

If you’ve been harmed as a result of someone else’s negligence and suffered a brain injury, our team of attorneys is ready to fight on your behalf. Contact us for a free consultation today.

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Notable Verdicts & Settlements

Plaintiff was knocked over by unleashed dogs, resulting in a fall and ultimate brain injury.

An 83 year old woman was killed when her car was struck by a 18-wheeler on SR 60 in Vero Beach, FL. The decedent’s adult children agreed to proceed as her statutory survivors and obtained a wrongful death settlement of $400,000.

Plaintiff was operating a small motorcycle/scooter when a 91 year old man turned left in front of him hitting him essentially head on. As a result of the collision, the Plaintiff sustained catastrophic injuries to his lower body, including snapped femurs and fractures to the spine and pelvis. After a two week trial the Indian River County jury returned an award totaling $9.381 million.

A Brevard County Jury awarded Plaintiff $6.4M against Defendant State Farm, following an accident that resulted in numerous catastrophic orthopedic injuries, including a below knee amputation of the Plaintiff’s left leg.

Plaintiff sustained numerous orthopedic injuries as a result of the negligence of a driver working for the State of Florida Department of Agriculture. At trial, the case resulted in a verdict of $5,582,776.82. Because the government’s damages are statutorily limited to $100,000 under Sovereign Immunity laws, Gould Cooksey Fennell’s Personal Injury Group was forced to fight in the Legislature for several years to pursue the passage of a Claims Bill. Ultimately a Bill was passed for 40 times the statutory limitations.

Indian River County crash resulting in significant injuries to a husband and wife. This matter was resolved prior to filing a lawsuit.

Obtained a Trial Verdict of $1.64 million dollars for injuries sustained by an 86 year old woman in a rollover auto accident on SR 60 in Vero Beach, Florida. After prolonged hospitalization, Mrs. Koebele never fully recovered and an Indian River County Jury awarded $1,170,130 for her injuries and $475,000 for her husband’s consortium claim.

Automobile crash in Vero Beach, FL resulting in cervical injury, including disc herniation to a 22 year old tennis professional.

Indian River County jury awarded verdict against Defendant State Farm following an automobile accident where the defendant Driver was underinsured.

Incident resulting from pedestrian being struck by vehicle in parking lot. In only six short months following the incident, the Plaintiff had a remarkable physical, mental and functional decline which ultimately led to his death.

Personal Injury