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Brain Injury or Concussive Symptoms Attorney

Head Injury / Brain Injury

The cartoons depict it as stars circling over the head. The term “bell rung” is used as an analogy to describe it. The effects are not “cobwebs” that simply can be “shaken off.” ESPN used to feature clips including them in a hyped, manly segment called, “Jacked Up.” What is it? It’s a concussion and it is no joke. The Centers for Disease Control and Prevention (CDC) estimates that there are nearly 3.8 million incidences of sports-related concussions every year and that there are on average about 1.7 million people who sustain a traumatic brain injury annually.

John has represented brain injury victims, who suffered injury in a host of different ways. One client was Ishika Lay, who was fairly seriously injured after being prematurely cleared to fight in an Olympic qualifying fight. He has also represented people who have had things fall on their heads, who were shaken up in a car wreck and who were injured playing sports.

Watch more about Ishika’s story here.


Criminal Defense

Handled high profile acquittals and withholds of adjudication.

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Personal Injury

$2.6 Million Verdict against Volusia County, televised on Good Morning America.

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Family Law

Helped 100s of families, both before and after problems arise.

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Signs and Symptoms of Concussion or Brain Injury:

  • Cognitive
  • Unaware of period, opposition, or score
  • Confusion*
  • Amnesia
  • Loss of Consciousness
  • Subjective
  • Headache* or pressure in the head
  • Balance problems or dizziness*
  • Nausea
  • Feeling dinged, foggy, stunned, or dazed
  • Visual problems: seeing stars or flashing lights, double vision
  • Hearing problems: ringing in ears
  • Irritability or emotional changes
  • Physical Signs
    • LOC or impaired conscious state
    • Poor coordination or balance
    • Concussive convulsion/impact seizure
    • Gait unsteadiness/loss of balance
    • Slow to answer questions or follow directions
    • Easily distracted/poor concentration
    • Displaying inappropriate emotions: laughing or crying
    • Vomiting
    • Vacant stare
    • Slurred speech
    • Personality changes
    • Inappropriate playing behavior: e.g. running in the wrong direction
    • Significantly decreased playing ability

*Headache, dizziness, and confusion are the most common reported symptoms of a concussion.

About Concussions

Historically, NFL, college and high school athletes have been encouraged to shake off concussions and get back on the field. Recently a NFL player went limp on the field after a hit to the head and was described as “shaken up” on the field. It was ignorant and wrong. Players have historically been encouraged to play hurt and that headaches or the “pops” taken to the head on the field are not like the injuries of broken bones or torn ligaments. In fact, they are far worse and effects much more permanent.
Reports estimate NFL players die on an average 15 years before the average American male. Before an athlete even gets to the NFL, he faces death practice after practice and game after game. It’s hard to imagine in the nation’s favorite (and most violent) sport. It’s not a popular thought and can be minimized because the odds are small of a traumatic event (defined as brain injury serious enough to effect body movement, brain capacity or death) and the fact the gradual, lasting effects of head injuries won’t be noticed by the victim for decades.

Congressional hearings held at the end of 2010 brought crucial attention to the safety of our children. And the fact it is not just a football issue, girls’ soccer is second to football in number of concussions; and many other sports have a significant amount of concussions as well. Yet, football is the biggest culprit and the glorification of toughness the biggest obstacle.

Children and Head Trauma

Too many high school and youth athletes suffer concussions without their coaches or parents even knowing it. And too many of these young athletes return to action too quickly — risking dangerous outcomes. It’s difficult to even estimate the number. High school athletes reported having 100,000 to 400,000 concussions per year across our country. Younger brains are more vulnerable to injury and unlike in the NFL, there’s often no one on the sidelines trained to diagnose brain injuries. These individuals often release liability, don’t experience manifestations or symptoms until their 30’s, and have little or no “insurance” to address this problem.

In the last two years, eight kids have died from concussion-based problems and dozens more have suffered catastrophic brain injuries. According to a recent study by the Center for Injury Research and Policy at Nationwide Children’s Hospital in Columbus, Ohio, 40.5% of high school athletes who have suffered concussions return to action prematurely, risking more severe problems.
It’s sobering to note that only 42% of high schools have athletic trainers and those trainers obviously can’t attend all of a given school’s athletic events. Additionally, the vast majority of non-school related youth sports leagues, including football, conduct their events without any trainers or trained medical personnel in attendance.

Furthermore, coaches and parents are woefully uneducated when it comes to brain injuries. The result is too few concussions are properly identified, and the ones that are don’t receive the recommended treatment. Education is critical when it comes to concussions because multiple concussions increase both the short-and-long-term risks for young athletes.
Even more encouraging, legislation requiring coaches to be educated on concussion detection and proper protocol in dealing with head injuries is popping up around the country. Recent laws in Texas, Washington and Oregon have mandated better concussion training and medical services in youth sports. Sadly, the statutes are all named after boys who were recently killed or seriously hurt by football-related brain injuries.

Secondary Impact

Secondary impact syndrome is a rare but extremely serious complication that can arise from a head blow — even a seemingly minor one — before a person has fully recovered from a prior head injury. The brain swells rapidly after the second impact, causing immediate complications and damage, such as shutting down the brain stem and resulting in respiratory failure and paralysis or death.

In the milliseconds after a concussion, there is a sudden release of neurotransmitters as billions of brain cells turn themselves on at the exact same time. This frenzy of activity leads to a surge of electricity, an unleashing of the charged ions contained within neurons. It’s as if the brain is pouring out its power.

The healing also has to be uninterrupted. In the aftermath of a traumatic brain injury, the brain remains extremely fragile. Because neurons are still starved for energy, even a minor “secondary impact” can unleash a devastating molecular cascade. All of a sudden, brain cells that seemed to be regaining their balance begin committing suicide. The end result is a massive loss of neurons. Nobody knows why this loss happens. But the loss is permanent.

What Damages Can I Recover in My Brain Injury or Concussive Symptoms Injury Case?

If the negligence of another party can be proved, the injured party may be entitled to monetary compensation from the party at fault. And oftentimes, insurance covers the loss.

You may be able to recover:

Property Damages
Diminution of Value of Property
Past Medical Expenses
Future Medical Expenses
Money Spent on Care and Treatment
Money Lost because of Injury
Compensation for Pain
Compensation for Disability
Compensation for Loss of Capacity for Enjoyment of Life
Compensation for Physical Impairment and Loss of Use
Compensation for Scarring or Disfigurement
Loss of Earnings / Wage Loss
Loss of Capacity to Earn
Damages to Spouse
Damages to Children
And More.

Tips in Case You Have Been in an Accident:

Get to a doctor and document your injuries. Not only does being proactive help your health, but insurance carriers and their lawyers always look to use evidence against you- how long you took to get to a doctor, what you complained about or didn’t complain about and they will comb through your records in painful detail. Go to the doctor, be honest and detailed.

Fill out any available accident reports and police reports. Ask for a copy. Then, call your insurance carrier and make a claim. Be careful what you say. All too often, injury victims will say they are “fine” or “not that bad” or otherwise be polite and that will haunt then if their injuries take a turn for the worse. The ER will only really tell you if you have broken bones or major issues, but go and be honest. Hospital emergency rooms tend to leave the bulging discs, herniated discs, shoulder tears and the like to later treating doctors.

Many of our clients are hurting, struggling and hoping they get better, but aren’t. You get one shot at recovery. Lawyers must make sure the insurance companies are acting fairly. John worked for eight years defending these claims for these companies and big businesses and could write a book about ways they use your desire to be fair and reasonable against you. He now solely works for injury victims like you.

While all lawyers are allowed to advertise and anyone can basically handle a personal injury case, only Board Certified Civil Trial Lawyers are allowed to identify themselves as an “expert” or as “specialist” in this area. Certification is the highest level of recognition by The Florida Bar of the competency and experience of attorneys in the area by the Supreme Court of Florida. It also means the lawyer is known for trials- pushing beyond low offers by defendants, passed a peer review and passed a tough exam. Most cases do not get that far, but it is good to have a lawyer with all of the tools in their arsenal.

Insurance carriers try to negotiate every dollar they can, because every $100 means millions in the end to their Board of Directors. Attorneys matter. Defendants and their carriers change their game plan when an experienced lawyer is involved. For that reason – and the misinformation by TV lawyers and referral services- is why people should select lawyers carefully. Also, make sure it is the lawyer who shows up to meet with you and not a mere investigator. You are haring a lawyer and deserve their time. Also, ask for sample closing costs. Some lawyers charge for faxes, phone calls, scanning, postage, “in house courier” charges and even interest in these charges.

Because of the economy, more lawyers are jumping into personal injury and should stick to what they know. Personal injury law requires knowledge about medical science and biomechanics (the forces on a body in a wreck or a fall) far greater and more specific than you’d think. The other side has doctors and millions on their side to say nothing is wrong or fight the claim.


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