Orlando, FL based Brain Injury Attorney
Those who were part of an injury accident due to no fault of their own may want to speak with a brain injury attorney Orlando, FL victims trust at David & Philpot, P.L. as soon as possible for experienced representation. The brain and spinal cord are interconnected and play a crucial role in our ability to move and go about our everyday life. When an accident unfolds and causes severe injury and damage, legal counsel may be necessary.
If you or someone you love has the following symptoms, then they may be suffering
from a brain injury and need immediate medical attention:
- Loss of consciousness
- Repeated nausea and vomiting
- Seizures or convulsions
- Dilation of one or both pupils
- Clear fluid coming out of ears or nose
- Trouble waking from sleep or sleeping too long
- Slurred speech
- Forgetfulness of what just happened
Types of Spinal Cord Injuries
The two different kinds of spinal cord injuries are incomplete and complete. Spinal cord injuries that are incomplete mean that the person has some degree of movement or feeling below the point of injury. By comparison, a complete spinal cord injury often entails a loss of function below the injury point. Incomplete injuries can vary in severity, with the location of injury being the influential factor. With an incomplete spinal cord injury, common complications include:
- Central Cord Syndrome: the center of the spinal cord gets injured, and can lead to a loss of function in the arms, but some leg movement has remained.
- Anterior Cord Syndrome: the front of the spinal cord has been injured and usually results in some impaired movement and feeling related to pain, touch, and temperature sensation.
- Posterior Cord Syndrome: damage to the back of the spinal cord, which may cause poor coordination.
- Brown-Sequard Syndrome: when only one side of the spinal cord was injured. A person may have loss of movement on one side of their body with sensations intact, while the other side has a loss of sensation but movement is preserved.
Elements of Proof
A doctor will perform an examination of the patient and use the various areas of the neck and spine to determine the extent of the spinal cord damage. The areas to be assessed will include coccyx (tailbone), sacral (pelvis), thoracic (chest), lumbar (lower back), and cervical (neck). If you have already been seen by a doctor for a spinal cord injury, it will help us evaluate your case if you can obtain copies of your medical documentation related to the injury.
Negligence Causing Brain Injury
If your brain injury was due to the negligence of someone else, then you may be entitled to compensation for this personal injury. Doctors are humans and are capable of making mistakes just like anybody else. They may have caused an injury to your brain during an operation or other procedure. While these are generally legitimate accidents, there are times where these have been proven to have happened out of the negligence of the doctor. The doctor may have been distracted during the procedure or could have had their mind fixated on something entirely different from the procedure itself. During this time of distraction, they may have operated incorrectly resulting in damage.
Other brain injuries may have come from the negligence of someone driving a vehicle that crashed into you or from a slip and fall on the premises of an organization or business. The driver could be found negligent if they were driving recklessly with no respect for the other vehicles around them resulting in a car crash leaving someone with personal injuries that include the brain. As for the injury on the premises of an organization or business, they too could be found negligent if they did not meet their guarantee of keeping their premises safe. Businesses and organizations operate on the basis they are supposed to secure things that could obstruct or injure someone and keep their areas safe. A brain injury attorney in Orlando, FL can assist you with what constitutes negligence and what does not.
Proving negligence in a brain injury case is not always the simplest of things to do. This is because there are a series of things that must be proven in order for negligence to be understood to be the main culprit of your brain injury. Attorneys from David & Philpot, P.L. can help you to prove that you or your loved one were injured due to the negligence of a doctor or other party. The main things that you need to prove are:
- Duty standards of Care – For example, a doctor owes their patient a certain standard of care that the medical field has determined.
- Broken Duty – If that standard of care duty has been broken, as evidenced by a subpar care standard for a procedure then the duty has been broken or breached.
- Cause – If the subpar standard of care from the doctor has caused you or your loved one brain damage or pain and suffering.
- Resulting in Damages – That below standard care caused you or your loved one monetary damage or other damages.
Compensation Possibilities for Negligence
The compensation for a brain injury that was the result of negligence on behalf of another person or organization may see you receiving a large payment for your pain and suffering. There are a few different things that the compensation covers. The compensation may result in paying lost wages, paying an amount for pain and suffering, medical bills and therapies, and even wrongful death if that has occurred. If negligence has caused you or your loved one harm, then you should be more than fairly compensated for this unfortunate action.
Any other elements of proof for what happened is encouraged, as the more we know the more we can offer advice based on your unique situation. A Florida brain injury attorney in Orlando can offer legal support and guidance as you or your family member recover from the spinal cord injury.