Florida Brain Injury Lawyers
A traumatic brain injury (TBI) can permanently alter a person’s ability to function, impacting memory, movement, emotions, and even personality. Whether caused by motor vehicle accidents, falls, workplace incidents, or violent impacts, brain injuries often require lifelong medical care and rehabilitation.
At Fogg Law Group, we specialize in representing victims of brain injuries caused by negligence, securing the compensation needed for long-term medical treatment, lost wages, and pain and suffering.
What Is a Traumatic Brain Injury (TBI)?
A traumatic brain injury (TBI) occurs when a sudden impact, blow, or jolt disrupts normal brain function. TBIs range from mild concussions to severe brain damage that can lead to permanent disabilities or death.
The severity of a brain injury is often classified as:
- Mild (Concussion): Temporary confusion, headaches, dizziness, and memory issues.
- Moderate: Longer-lasting cognitive impairments, mood disturbances, and motor coordination difficulties.
- Severe: Loss of consciousness, coma, profound cognitive impairments, or long-term neurological deficits.
Types of Brain Injuries
1. Concussions
A concussion is the most common type of brain injury, caused by a sudden jolt or blow to the head. While often considered mild, repeated concussions can lead to long-term cognitive decline, chronic headaches, and personality changes.
2. Contusions (Brain Bruising)
Contusions occur when direct impact to the head causes localized brain bruising, leading to swelling, memory loss, and cognitive impairments. Severe contusions may require surgical removal of damaged tissue.
3. Diffuse Axonal Injury (DAI)
DAI occurs when the brain experiences rapid acceleration or deceleration, causing shearing of nerve fibers. This is common in high-speed car accidents and falls and can result in coma, loss of motor function, and permanent cognitive disabilities.
4. Skull Fractures
A skull fracture occurs when the bone surrounding the brain is broken, potentially leading to bleeding, infections, or brain damage. Severe fractures may require surgical intervention.
5. Penetrating Brain Injuries
These injuries happen when an object pierces the skull and damages brain tissue. Gunshot wounds, sharp objects, or shrapnel from explosions often cause severe neurological impairments or death.
6. Hypoxic & Anoxic Brain Injuries
These injuries result from oxygen deprivation to the brain:
- Hypoxic brain injury: Reduced oxygen levels cause brain cell damage.
- Anoxic brain injury: Complete oxygen deprivation leads to rapid brain cell death.
These injuries can be caused by surgical errors, drowning incidents, or carbon monoxide poisoning and often lead to permanent neurological impairments.
Related Diagnoses & Conditions
A brain injury often leads to additional neurological and physical complications, including:
- Post-Concussion Syndrome: Persistent symptoms after a mild TBI, including dizziness, memory loss, and mood swings.
- Seizures & Epilepsy: Brain trauma increases the risk of developing post-traumatic epilepsy.
- Cognitive Impairment: Difficulty with attention, problem-solving, and communication.
- Mood Disorders: Many TBI victims suffer from depression, anxiety, or personality changes.
- Motor Function Impairments: Muscle weakness, tremors, or paralysis.
- Chronic Pain & Migraines: Persistent headaches and nerve pain.
Long-Term Treatment & Rehabilitation
Recovery from a traumatic brain injury is often a lifelong process requiring:
1. Acute Medical Treatment
Immediately following a TBI, patients may require:
- Surgical intervention to relieve swelling or remove blood clots.
- Ventilator support if breathing is compromised.
- Medications to prevent seizures, manage pain, and reduce inflammation.
2. Physical Rehabilitation
TBI victims often require months or years of rehabilitation, including:
- Physical therapy to regain strength and coordination.
- Occupational therapy to relearn essential skills like dressing, eating, and driving.
- Speech therapy for communication difficulties caused by brain damage.
3. Cognitive Therapy
Memory, attention, and reasoning problems often require:
- Neuropsychological therapy to improve cognitive function.
- Behavioral therapy to address mood swings and emotional regulation.
4. Assistive Technology & Home Modifications
Patients with severe TBIs may need:
- Wheelchairs, prosthetics, and mobility aids.
- Home modifications, including ramps and accessible bathroom facilities.
Florida Statute of Limitations for Brain Injury Claims
Florida law imposes strict deadlines for filing brain injury lawsuits:
- Personal Injury Claims: Must be filed within 2 years from the date of injury (Florida Statutes § 95.11).
- Wrongful Death Claims: Must be filed within 2 years from the date of death.
- Minors: If the victim is a child, the statute may be extended in certain circumstances.
- Failing to file within these deadlines may result in losing your right to compensation.
What Compensation Can You Recover?
Victims of brain injuries may recover:
- Medical expenses (surgeries, hospital stays, therapy, and long-term care).
- Lost wages and future earning capacity.
- Pain and suffering (emotional distress, reduced quality of life).
- Costs of home modifications and assistive devices.
Insurance companies often try to undervalue brain injury claims. Our attorneys fight to secure full and fair compensation for victims and their families.
Frequently Asked Questions (FAQs)
1. What should I do if I suspect a brain injury after an accident?
Seek immediate medical attention, even if symptoms seem mild. Brain injuries may worsen over time. Keep medical records and documentation of symptoms.
2. How do I prove negligence in a brain injury lawsuit?
To prove negligence, we must establish that another party caused the injury through reckless or careless behavior. This often involves expert testimony, accident reports, and medical evaluations.
3. Can I file a lawsuit if my loved one suffered a fatal brain injury?
Yes. If a brain injury resulted in wrongful death, the victim’s family may file a wrongful death claim for funeral expenses, loss of financial support, and emotional suffering.
4. How long does a brain injury lawsuit take?
The timeline depends on the severity of injuries and whether a settlement is reached. Some cases resolve within months, while others require years of litigation.
5. What does it cost to hire a brain injury lawyer?
Our firm works on a contingency fee basis, meaning you pay nothing unless we win your case.
Contact Fogg Law Group for a Free Consultation
If you or a loved one suffered a traumatic brain injury due to negligence, our firm is ready to fight for your rights. Call us at 1-561-616-3000 or contact us online to schedule a free consultation.