Florida Brain Injury Attorneys

Suffered a Traumatic Brain Injury Caused by Negligence in FL?

What Are The Common Causes Of TBI In FL?

Traumatic brain injury lawsuits may arise following a range of accidents. They include:

• Car accidents: These are a leading cause of traumatic brain injuries. It is estimated they cause about 20% of TBIs. The injury can occur when a driver or passenger hits the steering wheel, dashboard or another object on impact.
• Falls: These cause about 28% of traumatic brain injuries.
• Strikes from objects and collisions: Collisions during sports activities or falling objects are examples of this type of accident. They cause about 19% of accidents, according to the CDC.
• Acts of violence: If you are assaulted, you could suffer a TBI. Traumatic brain injuries sustained in an assault can lead to death.

A TBI can be a mild concussion or permanent brain damage this all depends on the magnitude of the impact. A mild concussion can be treated with some rest and medication. A more serious injury can mean your loved one spending a lot of time in the hospital. They might have to stay in the intensive care unit to survive. If they make it, they may have serious physical and mental challenges.

Types Of Head Injuries

Brain injuries are classified as open head injuries and closed head injuries. Open head injuries occur when foreign objects penetrate the brain matter. Closed head injuries occur when the brain connects with the skull. Due to the silent nature of closed head injuries, they may not be immediately noticed by a treating doctor or other medical personnel.

Various types of head injuries may produce TBI symptoms, including:

• Diffuse Axonal Injury: Shaking or strong rotation of the head
• Concussion: Blow to the head, including blunt trauma, violent shaking or force from a whiplash injury that causes stretched blood vessels and damaged nerves
• Contusion: Bruise to the brain, received from a direct impact to the head
• Coup-contrecoup: Contusion sustained on one side of the brain, and on the direct opposite side
• Recurrent Traumatic Brain Injury: A brain injury sustained before another one has finished healing
• Locked in Syndrome: Rare condition that only allows your eyes to move

Symptoms Of Traumatic Brain Injuries

Symptoms may range from moderate to severe and cause thinking changes, physical changes, and personality and behavior changes, including:

• Loss of voluntary or involuntary motor functions
• Coordination problems
• Paralysis
• Focus problems
• Change in behavior
• Loss of thinking and reasoning abilities
• Impulsive behavior
• Difficulty controlling emotions
• Memory loss
• Restlessness
• Excessive sleep
• Sensory (i.e. smell, taste) loss
• Depression
• Anxiety
• Frustration
• Confusion
• Difficulty coping with stress
• Post-traumatic stress disorder
• Aggression and irritability
• Loss of life

Recovering Compensation After a TBI

If your brain injury was caused by another party’s negligence, you may be entitled to financial compensation through a personal injury claim. Our East Brunswick brain injury lawyer can help you pursue damages for:

• Medical Expenses – Emergency treatment, surgeries, hospital stays, rehabilitation, and long-term care.
• Lost Wages and Loss of Earning Capacity – Compensation for missed work and the inability to return to your previous career.
• Pain and Suffering – The physical and emotional toll of living with a TBI.
• Loss of Enjoyment of Life – Compensation for the reduced ability to engage in hobbies, relationships, and activities.
• Wrongful Death – If a loved one lost their life due to a brain injury caused by negligence, surviving family members may pursue a wrongful death claim.

Our firm will work closely with medical experts, economists, and life-care planners to fully calculate the value of your claim and fight for maximum compensation.

How to File a TBI Claim in Florida

Filing a TBI claim in Florida typically involves a few key steps, whether you're seeking compensation through an insurance claim or a lawsuit. Here's a detailed explanation of how to proceed:

1. Seek Immediate Medical Attention: Get medical treatment as soon as possible after your injury to ensure proper diagnosis and care. Documenting your injury with medical records is crucial for your claim.
2. Report the Incident: Report the accident to the appropriate parties immediately. For car accidents, file a police report; for workplace injuries, inform your employer; and for other accidents, notify the property owner or responsible party.
3. Gather Evidence: Collect all relevant evidence, including medical records, photographs of the injury, and witness statements. Keep track of medical expenses and any other costs related to the injury.
4. File a Personal Injury Claim (if applicable): If the TBI was caused by someone else's negligence, file a personal injury claim with their insurance company. Florida’s no-fault system covers some costs, but you can pursue additional compensation for severe injuries like TBI.
5. File a Workers’ Compensation Claim (if the TBI is work-related): Report your injury to your employer and file a workers' compensation claim if the TBI occurred on the job. Workers' comp will cover medical costs and lost wages but won't compensate for pain and suffering.
6. Consult with a TBI Attorney: Consult an experienced attorney to help you navigate the claims process and maximize your compensation. A lawyer can negotiate with insurance companies and assist in filing a lawsuit if necessary.
7. Negotiations and Settlement: After your claim is filed, the insurance company will assess it and may offer a settlement. Your attorney can help evaluate and negotiate a fair settlement to ensure adequate compensation.
8. Litigation (if needed): If a fair settlement isn’t reached, your attorney may file a lawsuit. Florida typically allows four years from the injury date to pursue a personal injury lawsuit, so it's important to act promptly.

Brain Injury FAQs

How do I know if I have a case after a brain injury?

If your brain injury was caused by someone else’s negligence—such as a distracted driver, unsafe property conditions, or a defective product—you may have a valid claim. A consultation with an attorney can help clarify your options.

How long do I have to file a brain injury claim in New Jersey?

New Jersey law generally gives you two years from the date of the injury to file a personal injury lawsuit. However, certain circumstances can affect this timeline, so it’s important to act quickly.

What if my symptoms appear weeks after the accident?

Not all brain injuries show symptoms immediately. Delayed symptoms are common, especially with concussions. Always seek medical attention as soon as you suspect something is wrong.

Will insurance cover my brain injury treatment?

Insurance may cover some costs, but often not enough to account for long-term rehabilitation and care. An attorney can help you pursue additional compensation through a legal claim.

Do I need a lawyer for a brain injury case?

Yes. Brain injury cases are complex and require extensive medical documentation and expert testimony. Having a skilled attorney ensures your rights are protected and that you receive the compensation you deserve.

Contact a Traumatic Brain Injury Lawyer in Florida

TBI cases can be won or lost depending on what you do following an accident. At Burnetti, P.A., we advise you first get your loved one to a hospital. Having them examined will confirm if they suffered a traumatic brain injury. Taking them to the hospital will help with your personal injury claims as well. The doctor’s report will be used as evidence of injuries during settlement talks. Good legal representation will help fast-track this process. Our personal Injury law firm will use our experience in TBI lawsuits to make the insurer pay the maximum compensation. If they fail to do so, we are prepared to file a lawsuit in court. We will gather sufficient evidence and build a strong case showing negligence.

Call us at (888) 444-8508for a free consultation.