Florida Traumatic Brain Injury Attorney
People with traumatic brain injuries face high doctor and hospital bills, lost wages, and potentially a lifetime of ongoing costs for rehabilitation, caregivers, and other expenses. State and local aid organizations offer emotional and financial support. If someone else’s negligence caused you or your loved one to suffer a brain injury, seek compensation with the help of an award-winning traumatic brain injury attorney from Freedland Harwin Valori Gander.
Written and edited by our team of expert legal content writers and reviewed and approved by Daniel Harwin
- Content last updated on:
- October 16, 2024
Table of Contents
- Legal Information for Victims of Traumatic Brain Injuries in Florida
- Why Hire a Florida Traumatic Brain Injury Attorney at Freedland Harwin Valori Gander?
- Addressing Financial Concerns After a Traumatic Brain Injury in Florida
- Emotional Support for TBI Victims and Family Members
- Get a Free Consultation, and Let Us Fight For You
Traumatic brain injury victims and their families may face years, if not a lifetime, of financial and emotional hardships. There are federal, state, and local organizations that may help ease your burdens, but in many cases, it is not enough. You may be eligible to file a Florida brain injury lawsuit against the party responsible for your injury.
If you or your family need financial help for traumatic brain injury in Florida, contact the experienced legal team at Freeland Harwin Valori Gander. We will review your case free of charge, treat you with the compassion and respect you deserve, and unwaveringly fight for just compensation. Our legal team has two offices in South Florida to better serve you: Fort Lauderdale and Coral Gables.
Why Hire a Florida Traumatic Brain Injury Attorney at Freedland Harwin Valori Gander?
Our traumatic brain injury attorneys at Freedland Harwin Valori Gander are committed to helping individuals and families fight for fair compensation when someone else causes their injury. We make our clients part of our family and work tirelessly to try and give them financial security and the sense of justice that comes with holding others responsible.
The South Florida Legal Guide, Best Lawyers in America, and Super Lawyers have recognized our firm’s attorneys as some of the top practicing medical malpractice attorneys in the nation. We all share a core desire to help others, and we are committed to personalized service, seeking justice, and fighting tenaciously for compensation.
Proven Experience: Brain Injury Lawsuit Case Results
- $10 Million Settlement: A settlement on behalf of a middle-aged man who suffered a brain injury. With the assistance of top experts, we were able to demonstrate that his doctors did not follow proper safety protocols, which would have prevented the injury.
- $10 Million Settlement: A settlement on behalf of a child who suffered a brain injury as a result of oxygen deprivation during birth.
- $2.5 Million Settlement: Failure to diagnose and timely treat a brain hemorrhage after delivery of the baby.
A Trustworthy Law Firm: Even Our Clients Say So
- “Excellent lawyers who work tirelessly in order to secure justice.” - Adam Steinberg, Google
- “Dan Harwin and all of his partners and associates have the utmost professionalism and concern for their clients. The whole firm was on top of things from day one, and always answered all concerns and questions frankly in simple words their clients can understand without lawyer-speak—a huge thank you to the whole firm.” - Lecia Sewell, Google
- “Ray Valori and his colleagues helped us through a very difficult time immediately following the death of a young family member. They expediently and cost-effectively secured for us the maximum compensatory damages available from the insurance companies involved. And they did so with the highest degree of professionalism and compassion.” - Atul Jain, Google
If you or a loved one has suffered a traumatic brain injury, or TBI, it is critical to understand your rights and know when to file a lawsuit. You have various protections under the law, and a knowledgeable traumatic brain injury attorney can fight for compensation if your injury was due to someone else’s negligent or reckless actions.
What Kind of Lawyer Handles Brain Injury Claims?
Personal injury lawyers handle brain injury claims, helping victims collect compensation for medical bills, lost wages, pain and suffering, and other damages. Your attorney needs extensive experience dealing with Florida brain injury lawsuits, as these cases are complex and can involve calculating a lifetime of potential damages.
Due to their injuries, some Florida victims of traumatic brain injuries are unable to file suit. If a judge rules them incompetent and there is an existing power of attorney or other legally binding written instructions, the person named can file the claim.
Without prior instructions, Florida courts can appoint guardians to sue on behalf of injured parties. A family member or other qualified person must petition for guardianship before assuming authority over legal matters.
Victims of traumatic brain injuries or their families benefit from choosing a compassionate traumatic brain injury lawyer with whom they can build a good rapport. Your attorney will have to ask some hard but necessary questions, and you must feel comfortable asking questions of them.
Ask friends or family members for recommendations, and check lawyers’ websites for information regarding past results, client testimonials, and experience handling traumatic brain injury and other cases.
At Freedland Harwin Valori Gander, our brain injury attorneys have over 50 years of combined experience and the resources necessary to take on complex claims. Visit our FAQ and About Us pages to learn more about our firm and how we handle our cases.
How To Get Compensation if the TBI Was Someone Else's Fault
Three of the most common causes of traumatic brain injuries are falls, motor vehicle crashes, and assaults, with falls making up almost half of TBI-related hospitalizations. If another party’s negligent or reckless actions lead to your injury, you may have cause to file a personal injury lawsuit.
Reckless driving, poor property management, and a lack of safety precautions are examples of when someone else’s actions or inactions could lead to a traumatic brain injury. To win your case, you must typically prove the following elements:
- Duty of care: You must show that the other party owed you a duty of care. For instance, divers must act reasonably to avoid harming others on the road.
- Breach of duty: You must prove that the other party breached that duty.
- Causation: The breach of duty must have caused your traumatic brain injury.
- Damages: You must have suffered losses because of your injuries.
If your TBI lawyer proves negligence, compensation will depend on several factors. One key determination will be how much your actions contributed to the accident. Florida is a modified comparative negligence state, meaning you can collect damages if you are 50 percent or less responsible for your accident.
If you are more than 50 percent responsible, you can’t collect. However, if you are 50 percent or less at fault, you can collect, but your compensation will be reduced in proportion to your fault. For example, if your damages are $1,000,000 and you are deemed 10 percent at fault, you can collect $900,000.
You will likely have to file an insurance claim under your own policy to recover damages. For instance, Florida car owners must hold personal injury protection insurance of at least $10,000. If your TBI results from a car accident, your insurance company will pay that amount. This may limit the damages you can recover in a personal injury lawsuit. The same may also apply to health and other insurance payouts.
Our respected FHVG Florida brain injury lawyers will help you navigate the insurance claim process and determine the damages you are entitled to recover in a personal injury lawsuit.
What Kind of Evidence Is Necessary for a Florida TBI Case?
Your evidence in a traumatic brain injury lawsuit must show the extent of your damages, that the other party’s negligence led to your harm, and that you deserve compensation. To have the best chance of success, you need evidence such as:
- Medical records
- Police reports
- Witness statements
- Expert testimony
- Paystubs to prove lost wages
- Photos and videos of the scene of your injury
- Documentation regarding any past negligent behavior by the other party
- Documentation from a qualified financial professional of your current and future damages
You and your family do not have to take on the burden of gathering this evidence alone. Our accomplished Florida personal injury lawyers at Freedland Harwin Valori Gander have the legal expertise and resources to help you gather what you need and, if necessary, ask a judge to compel the other party to turn it over.
Is There a Time Limit in Florida for Submitting a Successful Brain Injury Claim?
You generally have two years in Florida to file a personal injury lawsuit. The clock typically begins to run on the accident date. However, some traumatic brain injuries are not readily apparent. Thus, the clock may not start until you know about or should have discovered your injury.
The clock might start running later in some other cases as well. For instance, a minor under 18 may have up to seven years to file a Florida brain injury lawsuit. In addition, if a person with a traumatic brain injury is incapacitated, they have seven years to file their lawsuit.
However, don’t assume an exception will apply to your case. It’s important not to wait to contact an experienced Florida brain injury lawyer. Your attorney will need time to investigate your claim, collect evidence, consult expert witnesses, and review your medical records before filing your case. Contact a skilled TBI lawyer from Freedland Harwin Valori Gander as soon as possible to get started on your case.
Addressing Financial Concerns After a Traumatic Brain Injury in Florida
In addition to the immediate medical and other costs associated with brain injuries, moderate and severe traumatic brain injuries can be lifelong conditions. Five-year outcomes for people with TBIs indicate that 57 percent are moderately or severely disabled, and 55 percent are unemployed, though they had jobs at the time of their injury.
Half of TBI patients return to the hospital at least once, and 33 percent rely on other people for assistance with daily activities. These long-term effects put financial stress on people with TBIs and their families, but there are ways to address some of the costs.
Medical Bills
People with traumatic brain injuries may receive assistance through the Florida Department of Health’s Brain and Spinal Cord Injury Program. The program assists those who don’t have other means to pay for their care and who can someday return to a community-based setting. Services the program provides include:
- Case management
- Acute care
- Inpatient and outpatient rehabilitation
- Transitional living
- Assistive technology
- Nursing home transition facilitation
- Long-term support for survivors and families through agreements with community-based agencies
The nonprofit organization Help Hope Live offers another avenue of traumatic brain injury financial assistance. It helps patients and their families set up community-based fundraisers and events. The organization’s coordinators help with personalized materials, planning events, reaching out on social media, and other activities that help raise funds.
You can also get financial help for traumatic brain injury in Florida through a personal injury lawsuit. When you work with a TBI lawyer from Freedland Harwin Valori Gander, you’ll have no upfront cost. We use our resources, and you don’t pay us unless we collect damages on your behalf.
Long-Term Financial Planning
The costs of long-term care for someone with a TBI are substantial. Severe TBI in-hospital expenses alone can range from thousands of dollars up to $400,000. Throughout their lifetime, caring for a TBI survivor can cost between $600,000 and $1.87 million even in mild cases. Severe TBIs can require many millions of dollars in future medical care..
To add to this burden, the financial capacity of traumatic brain injury survivors is impaired, particularly when it comes to complex financial skills. Family members must then take on financial planning for long-term care and support.
A first step toward planning for the long-term care of someone with a traumatic brain injury is looking into government programs. Some options include the following:
- Supplemental Security Income is a needs-based program from the Social Security Administration for people with disabilities who have limited income and other resources.
- Medicaid is a joint state and federal program that provides medical insurance for low-income families.
- Social Security Disability Insurance provides compensation to those who contributed to Social Security through payroll taxes and meet disability criteria.
You can also talk to your insurance agent about the best plan to suit your long-term needs and consider contributing to health savings accounts. People whose TBI-related disability began before age 26 may be eligible to open a tax-free ABLE account to help save for expenses.
Hire a professional financial advisor and tax preparation service may also be worth the costs. These professionals can help you develop a viable long-term financial plan and determine which expenses are tax-deductible. Finding all available deductions can result in significant savings.
What Other Costs Are Associated With a TBI?
People with traumatic brain injuries face much more than the costs of their medical care. Some long-term expenses for people with TBIs include:
- Specialist care
- Home modifications
- Physical and mental health therapy
- Caregiver costs
- Travel to see a specialist
- Insurance premiums, deductibles, and copays
Family members must carefully consider whether to take care of a traumatic brain injury victim themselves or hire a professional caregiver. This determination may include weighing the cost of their own lost wages against the cost of care.
Emotional Support for TBI Victims and Family Members
Traumatic brain injuries have mental health consequences, such as irritability, impulsivity, apathy, post-traumatic stress disorder, and depression. Dealing with these consequences of a TBI puts a strain on the entire family. It is essential to address these mental health impacts.
Family Counseling
In addition to individual counseling for TBI-related emotional issues, family counseling may also be appropriate after a brain injury. Caregivers and loved ones also suffer emotionally, and psychosocial therapy for families can help.
Talk to your family before beginning counseling. It may take some time for people to be ready to accept help, particularly right after your injury when you are dealing with changing schedules, responsibilities, and the stress of your accident.
Florida TBI Support Groups
The Florida Department of Health maintains a list of brain injury support groups across the state. You can also visit the Florida Brain and Spinal Cord Injury Program Resource Center to find additional help or to find contact information.
Get a Free Consultation, and Let Us Fight For You
We offer more than 50 years of combined experience, a dedication to service, and a history of securing favorable results for our clients at no upfront cost to you. We take care of everything, and you only give us a percentage of your settlement or verdict if we secure damages on your behalf.
If you or a loved one suffered a traumatic brain injury due to someone else’s negligence or recklessness, Freedland Harwin Valori Gander wants to help. Call us at (954) 280-8593 or complete our online request for a free consultation.
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