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Author: Dumas Sanclemente Law PLLC

  • Understanding the effects of different types of brain injuries

    Accidents that cause brain injuries usually require victims to receive physical therapy as part of their medical treatment. Knowing the type of brain injury that you or a Florida loved one may have sustained is crucial in determining the right course of medical attention, along with assessing damages you could seek in a lawsuit when the accident was caused by the negligence of another party.

    The three types of brain injuries

    The three classifications of brain injuries are a traumatic brain injury (TBI), a hypoxic brain injury and an anoxic brain injury. TBIs receive much attention because of their frequency in motor vehicle accidents and other incidents. They result from sudden trauma when the head violently collides with something or an object penetrates the skull. Mild TBIs include concussions and generally need little treatment. However, severe TBIs can require physical, occupational, or speech therapy, plus psychological and social support.

    Hypoxic and anoxic brain injuries are not as well known, but both involve the brain’s oxygen supply. When the oxygen supply is severely diminished but not completely cut off, a hypoxic injury can occur. Cardiac arrest, strangulation or other systemic interruptions can reduce oxygen supply. Anoxic injuries happen when the oxygen supply is completely cut off. Hypoxia can result in psychological, neurological, and physical abnormalities, while anoxic injuries result in impaired memory, attention, and slower mental processing.

    Brain injuries can change the course of your life

    Brain injuries frequently result from the negligence of others. TBIs can occur under many circumstances, including premises mishaps and car crashes. Medical errors resulting in a lack of oxygen, or incidents involving attempted drowning can also cause brain injuries.

    Filing a claim against a negligent person or the perpetrator of a crime resulting in a brain injury can help pay for treatment. Make sure you have thorough records backing your claim.

  • Understand the importance of a concussion protocol

    If you’re an athlete or involved in any physically demanding activity in Florida, it’s important to understand a concussion protocol. This set of guidelines is designed to diagnose, treat and manage concussions rapidly. It’s crucial in preventing and reducing the risk of long-term brain damage and injury.

    Concussion are common injuries in athletics

    Brain injuries can occur as a result of a blow to the head, neck, face or upper body. When this impact occurs, your brain basically bounces around inside your skull. Concussions are one of the most common types of brain injuries and can range from mild to severe. Symptoms may include headache, dizziness, nausea, confusion, memory loss and sensitivity to light or noise.

    Testing for a concussion

    It’s crucial to seek medical attention if you suspect that you experienced a head injury. The concussion examination protocol begins with a thorough evaluation by a healthcare professional who specializes in brain injuries. This can include a physical examination, cognitive testing and imaging studies. The healthcare professional will then determine the best course of action for treatment, which may consist of rest, medication and physical therapy.

    Preventing concussions

    In addition to seeking medical attention, it’s essential to take steps to prevent concussions from happening in the first place. This includes wearing proper protective gear, such as a helmet, while participating in sports or physically demanding activities. It’s also important to educate yourself and others on the signs and related symptoms of a concussion and to seek immediate medical attention if you suspect that you have one.

    Stay safe and play smart

    A concussion protocol is a crucial aspect of preventing and managing concussions. Seeking medical attention and taking preventative measures can significantly reduce the risk of long-term brain injury. Remember that your brain is one of the most important parts of your body, so take care of it.

  • Spotting drivers who might be distracted

    When driving on Florida roads, you might expect other drivers to abide by the laws and regulations just as you would. However, there could be drivers who are distracted while they are behind the wheel. Here are a few ways to spot and try to avoid them.

    Lane maintenance

    One of the ways that you can sometimes determine if a driver is distracted on the road is by how they maintain their position in their lane. Swerving from one side of the lane to the other or from one lane to the other and into oncoming traffic can lead to car accidents, some of which could be severe. You can avoid this type of driver by letting them safely pass your vehicle or by being alert as to which direction they are going so that you can move to the safe side of the road.

    Speed

    While some circumstances could necessitate the need to speed up and slow down while driving, you’ll likely maintain a constant speed for the road conditions. A distracted driver might try to slow down while they are on the phone, talking to a passenger, or performing other activities in the car so that they can still pay attention to the road. Once the driver has completed their task, they might speed up again. A way to avoid this situation is to stay back a few car lengths, which can prevent you from slamming on your brakes.

    Although driving in most areas is safe, there could be times when you encounter a driver who is distracted and could cause an accident because of their actions on the road.

  • Who is at fault for a T-bone car accident?

    Car accidents are a regular occurrence in Florida and around the country. T-bones rank as some of the most common, and they can leave the occupants of the vehicle hit from the side reeling with serious injuries. Establishing who’s at fault for these collisions helps when a victim files a lawsuit.

    Determining fault for a side accident

    Side accidents, also known as T-bones, are dangerous because cars lack the safety features typically found on their fronts and backs. Drivers and passengers alike can sustain catastrophic injuries as a result. Unlike rear-end collisions, it’s not always obvious to tell who caused a side car accident.

    Evidence can show who’s at fault for a T-bone. Photos showing the aftermath of the accident can show the damage while video footage can show the accident as it happened and determine whether a driver acted recklessly or negligently.

    Police reports explain the details of what happened and include any traffic violations and citations issued to drivers. Eyewitnesses often make or break car accident claims; as impartial third parties, they can attest to how the accident occurred and who was at fault.

    If you were injured in the accident and sought medical attention, your medical records can show the extent of how the accident affected you. This evidence should be included with your medical bills.

    In some cases, an investigation might be necessary to determine fault for this type of car accident.

    Causes of side accidents

    Negligence such as distracted driving, ignoring traffic signs and signals and improperly-timed turns often causes side accidents. Driving under the influence of alcohol or drugs, aggressive driving, road rage and reckless driving are also common culprits. If a driver is found to be guilty of any of these categories after a T-bone, it could more easily establish liability.

  • What you need to know about motorcycle ABS

    Motor vehicle accidents involving motorcycles often result in fatal injuries. The state of Florida alone averages over 500 deaths from motorcycle accidents every year. The presence of antilock braking systems (ABS) may reduce the number of fatal motorcycle crashes.

    Purpose of ABS

    If you need to brake suddenly while on a motorcycle, you can destabilize it. This leads to one of the wheels locking and the motorcycle sliding or overturning. This often leads to fatal motorcycle accidents. The ABS system stops wheel locking on motorcycles. This increases the motorcycle’s stability.

    Methods used by ABS

    When you apply a hard brake, the ABS systems analyze whether it may turn into a skid. If a skid becomes likely, the ABS system begins to alternate between releasing and applying brakes. This allows the driver to come to a stop without losing complete control.

    ABS in cars vs. motorcycles

    The National Highway Traffic Safety Administration began requiring all new passenger vehicles in the U.S. to include ABS in 2013. Models made before 2013 may still include ABS. The government required most commercial trucks and busses to include ABS beginning in 1999.

    For cars that do not feature ABS, owners may experience a simple slide that may result in a crash. Motorcycle owners without ABS may slide and fall off their vehicles.

    ABS in motorcycle statistics

    Studies of motorcycle crashes by the Insurance Institute for Highway Safety found these encouraging statistics about motorcycles with ABS installed:

    • The fatal crash rate decreases by 22% on motorcycles with ABS.
    • Accident insurance claims reduce by 21% on motorcycles with ABS.
    • ABS improves stopping distance on wet and dry surfaces.
    • ABS helps new and experienced drivers stop more quickly.

    Purchasing a motorcycle with ABS included may cost a little more until the systems become mandated. But taking this extra step may save your life.

  • The impact of a brain injury

    Every year in Florida, thousands of people experience traumatic brain injuries. Some result in death or leave victims comatose. But what you may not know is that the long-term impact of a traumatic brain injury (TBI) can alter a person’s life even if they’re not completely incapacitated.

    The devastating impact of a TBI

    With a brain injury, it can be harder to understand the full consequences in comparison with most other injuries and illnesses. An injury to the brain can have impact in ways both physical and mental.

    So much of who we are is governed by the brain. Speech and language, the ability to learn, our emotions and moods, our ability to think – all of these are potentially at risk from a traumatic brain injury.

    TBIs are responsible for thousands of people needing assistance to live for the rest of their lives. A TBI can take away a person’s independence forever, and rob them of their plans, hopes and dreams for their future.

    Not all TBI effects are obvious

    One of terrifying aspects of a TBI is that it can fundamentally change a person’s personality or ability to navigate their daily life.

    It’s very apparent when a person suffers a TBI and then struggles with basic speech or the ability to reason. But it’s not quite as clear when a TBI causes a person to lose their temper more easily or struggle with responsibilities they used to be able to handle.

    In some cases, the effects of a TBI may linger for weeks or months and may involve a lengthy rehab process. But in other cases, the TBI will subtly (or not so subtly) alter that person for the rest of their life.

    Traumatic brain injuries are among the most heartbreaking and unpredictable injuries possible. The effects might be momentary or for life, and could be minor or completely incapacitating.

  • What causes traumatic brain injury?

    The brain is the most complex organ in the human body. It governs every aspect of your life and ensures you remain safe and healthy. With over 200,000 people in Florida living with traumatic brain injury, it’s important to understand its potential causes and seek help early to achieve maximum recovery.

    What is traumatic brain injury?

    Traumatic brain injury (TBI) is a type of injury that occurs when an external force causes damage to the brain. TBI can be mild, moderate or severe, depending on the extent of the damage. It can affect a person’s physical, cognitive and emotional functioning. TBI can have many causes, including falls, motor vehicle accidents, sports injuries and physical assault.

    Falls

    One of the most common causes of TBI is falls. Children and older adults are particularly vulnerable to falling accidents.

    Car accidents

    Motor vehicle accidents are another leading cause of TBI. The force of the impact and the potential for the head to strike an object can cause damage to the brain. Wearing a seatbelt and taking other precautions can help to reduce the risk of TBI in a motor vehicle accident.

    Sports-related injuries

    Sports injuries can also result in TBI. This can occur from contact sports, such as football and hockey, or from non-contact sports, such as cycling and horseback riding. Wearing appropriate protective gear and following safety guidelines are crucial in preventing TBI in sports.

    Assault and battery

    Physical assault including domestic violence, child abuse and other forms of violence can end in brain injury for the victim. Furthermore, brain injury can result from combat, adding to PTSD suffered by veterans.

    Protect your brain and seek help in case of injury

    It is essential to take precautions to prevent TBI, such as wearing a helmet when engaging in activities with a high risk of head injury and using safety equipment in the workplace. If a TBI does occur, it is important to seek medical attention as soon as possible to minimize the potential long-term effects. Therapy from knowledgeable specialists can drastically improve an injury victim’s prognosis.

  • How to avoid winter slips and falls

    As winter approaches the danger of slips and falls increases. Even in sunny Florida, rain, snow, and sleet make surfaces slippery and more dangerous. However, there are things that you can do to ensure that you stay safe.

    Have a plan

    Be knowledgeable of weather conditions and wait for bad weather to improve before going out. Don’t rush, give yourself enough time to get to your destination. Try another route if your usual one is particularly snowy or icy. having a plan can help avoid slip-and-fall accidents.

    Pay attention

    Look out for icy patches and test for black ice. Scan your route for rocks, snow or stray branches that could make you fall. Stay off your cell phone while you are walking.

    Dress appropriately

    Wear extra layers of clothing and gloves, the extra padding can help if you have a slip and fall accident. Boots or shoes that have sip resistant soles are the safest during winter weather. Avoid loose shoes or shoes with high heels.

    Keep your hands free

    Carry as few items as possible, you want your arms free to help keep your balance. If you must carry several things, use a backpack. You can avoid serious injuries by bracing yourself with your hands. If you fall, drop what you are carrying and protect your body.

    Be careful entering or exiting

    When you are exiting your car, hold on to your vehicle. When you are entering a building, wipe your feet: Removing as much snow and ice as you can decreases the likelihood of a fall once you are inside. Use handrails if they are available.

    The surest way to stay safe during dangerous weather is to stay inside, however, that is not always possible. Use care if you do have to go out. Be aware of your surroundings and take your time.

  • Tips to prevent motorcycle accidents

    Florida had an estimated 620,077 registered motorcyclists in 2022. The warm and sunny weather encourages many residents to ride motorcycles. But the joy of riding in Florida isn’t without its dangers.

    Motorcyclists have a high risk of accidents on local streets. Here are some tips to prevent motorcycle crashes and make your rides safer.

    Practice caution at intersections

    Motorcycle accidents occur often at intersections. Some drivers are notorious for running red lights. This is why motorcyclists should wait a second before stepping on the gas. Also, anticipate what the driver in front of you intends to do. Watch carefully for turn signals.

    Make yourself visible

    Motorcyclists are sometimes easy to miss – especially at night. Consider wearing bright colors and reflective gear. Or go a step further and add bright colors and reflective gear to your motorcycle. And remember, your headlight makes you visible during the day and night.

    Pay attention to road conditions

    Bad roads are hazardous for motorcyclists. Driving over a pothole could cause you to crash. A rocky or bumpy road could also cause a motorcycle accident. Watch for road hazards during your ride.

    Wear a helmet

    A motorcycle helmet can’t prevent an accident. But it might save your life should an accident occur. Failing to wear a helmet could result in brain injury from an accident.

    Avoid speeding

    Motorcycles are built for speed – but not when you’re on public roads. Save the speeding for track racing. Speeding is a cause of accidents for motorcycles and other motor vehicles. Slow down and drive the speed limit.

    The tips mentioned here will make your rides safer. When you practice safety, the roads become safer for everyone.

  • How does Traumatic Brain Injury affect military veterans?

    Nearly 1.5 million U.S. veterans call Florida their home. After their noble sacrifices in the armed forces, these vets often experience life-changing injuries related to their service. Traumatic brain injuries (TBI) cause some of the most severe life-changing physical and emotional changes.

    TBI definition

    The medical community defines a TBI as brain injuries involving a sudden trauma. A TBI typically occurs either when the head comes into violent contact with another object or when an object pierces the skull.

    Causes of TBI in veterans

    For veterans serving in Iraq or Afghanistan, the repeated use of improvised explosive devices contributes to the number of TBI cases. Other common causes of TBI in veterans include:

    • Bullets penetrating the skull
    • Penetrating shrapnel injuries
    • Rollover accidents
    • Falls
    • Personal assaults

    Physical effects of a TBI

    Some physical effects of a TBI may occur immediately. You may notice others until months after your initial injury. Veterans with a TBI can expect any of the following:

    • Weakness in the limbs
    • Vision and hearing problems
    • Memory difficulty
    • Concentration problems
    • Seizures
    • Increased pneumonia

    Emotional effects

    Individuals with a TBI may not immediately notice them. If they do detect the effects, they may not attribute them to the TBI. Depression and growing numbers of suicide result from veteran’s TBIs. Other emotional effects include:

    • Mood swings
    • Impulsiveness
    • Anxiety
    • Personality changes

    TBI veteran benefits

    Veterans with TBI must be able to demonstrate that the condition affects their civilian life. If they meet that condition, they may qualify for disability benefits from Veterans Affairs. If the VA denies those claims, veterans may pursue lawsuits against the military, as long as they are no longer on active duty.

    Never underestimate a TBI’s impact

    Veterans who sustained a TBI during active duty may experience long-term emotional and physical side effects. Both veterans and the VA should recognize a TBI as a service-related disability.