Traumatic Brain Injury
Miami Traumatic Brain Injury Lawyer
Did you or someone you love suffer a traumatic brain injury (TBI) in Miami? Are you feeling overwhelmed and unsure of what to do next? If someone else’s carelessness, recklessness, or intentional act hurt you, turn to an attorney with experience handling traumatic brain injury claims.
If someone else caused your injuries and losses, you can count on us to fight for the full and fair compensation you need and deserve. Contact our Miami traumatic brain injury lawyers now for your free consultation to learn more about how we can help.
Compensation for Traumatic Brain Injuries
The extent of possible compensation resulting from your traumatic brain injury claim can vary significantly depending on the severity of your injury, the cost of your medical needs, and the impact of the injury on your quality of life. The amount of compensation can also depend on the types of insurance policies that apply to your situation, for example, your insurance policy and the policies of any liable parties. Depending on the circumstances of your case, you could seek compensation for these TBI-related losses:
- Hospital bills and other medical expenses you incur due to the TBI
- Medical costs you will likely incur in the future as a result of the TBI
- Incidental costs, such as travel costs for TBI-related medical appointments
- Lost income from any time you miss at work due to the TBI accident
- Projected losses in lifetime earning capacity due to permanent impairments
- Subjective losses, such as pain, suffering, and diminished quality of life
- Repair or replacement costs for property damaged in the accident
Facts and Statistics
Facts and Statistics Facts and Statistics Facts and Statistics Facts and Statistics Facts and Statistics Facts and Statistics Facts and Statistics Facts and Statistics Facts and Statistics Facts and StatisticsThe real impact of brain injuries
Traumatic brain injuries have been a major cause of preventable injury and death in the United States for decades. According to the Centers for Disease Control and Prevention (CDC), in recent years, over 223 thousand TBI-related hospitalizations and over 64,000 TBI-related deaths occurred, or more than 611 TBI-related hospitalizations and 176 deaths each day. According to the Morbidity and Mortality Weekly Report, Florida had 7,508 unintentional TBI-related deaths in a recent three-year period, the second-highest number in the country.
The only state with more unintentional TBI deaths during that time was California (8,898 deaths), which has nearly twice as many residents as Florida. A breakdown by category of unintentional TBI deaths in Florida includes 2,613 from traffic accidents, 4,128 from falls, 31 from struck-by accidents, and 736 from other causes. The Miami area alone reported 316 TBI-related deaths in a single recent year, the third-highest number in the state.
Understanding your rights
If you or someone you love sustains a preventable TBI in Miami, Florida, you need a lawyer who understands the laws that could apply to your case:
- The no-fault auto insurance law. In an injury from a traffic accident, Florida’s no-fault auto insurance law might apply. This law says you must file your initial auto insurance claim with your insurance provider after an accident, no matter who may be at fault. An exception, however, allows you to file an auto accident injury claim against someone else if your injuries are severe, meaning they cause significant or permanent disability or disfigurement.
- Premises liability laws and requirements. Florida’s premises liability laws might apply if you sustained a TBI on someone else’s property. For instance, Florida has premises liability laws that specify when convenience store owners are liable for injuries due to criminal activity on their premises, when businesses are liable for injuries due to unattended spills, and when property owners are liable for injuries due to open pits or holes on their land.
- The personal injury statute of limitations. Florida’s statute of limitations law gives you four years to file most types of personal injury lawsuits. The four-year window begins on the date when you sustain the injury, and if you try to sue after the deadline, the court will most likely throw out your case. That’s why you should always speak to a knowledgeable lawyer as soon as possible after a TBI.
Types, Causes, and Consequences of Traumatic Brain Injuries
Traumatic brain injuries can range from relatively mild injuries, such as concussions, to severe ones, such as skull fractures. Doctors classify TBIs based on the extent and location of the injury and the severity of the symptoms. Common types of TBI include:
- Concussions
- Contusions
- Coup-contrecoup injuries
- Diffuse axonal injuries
- Hypoxia and anoxia
- Penetrating injuries
- Skull fractures
The causes of TBIs vary, but common contributing factors include falls, car accidents, sports injuries, and physical assaults. Some TBIs also occur because of sudden jolts or blows to the head, such as during a violent altercation or exposure to a blast or explosion. Even “mild” TBIs can cause severe, long-lasting headaches, dizziness, and fatigue. They can also cause changes in personality and behavior, as well as mental health issues like depression and anxiety. In severe cases, a TBI could cause permanent disabilities, such as paralysis, loss of cognitive function, and even death.
Filing an Insurance Claim After a Traumatic Brain Injury
If you need to file an insurance claim after a TBI, you could face a difficult road ahead. TBI insurance claims are often uniquely complex compared to other injury claims. For example, many TBIs are severe and require costly treatment that insurance companies might not want to pay for. And the symptoms of a TBI are not always immediately apparent, so it is often difficult to assess the long-term impact of the injury. After a TBI, you have the right, under Florida law, to expect payment for bills that may be due, including compensation for your medical expenses, lost wages, and any other losses you incur as a result of the TBI.
However, the process doesn’t always work as it should. Insurance companies are in the business of making money, and they are rarely eager to pay out a large settlement to a TBI victim. Often, they will try to reduce the payout amount by disputing the extent of your injuries, dragging out the claims process, and issuing denials based on vague policy language. A personal injury lawyer from Redemption Law can assist you in seeking a fair settlement for your TBI claim. We have the experience and dedication to negotiate with insurance companies on your behalf and insist on the compensation you deserve. You can count on us to offer you peace of mind while we handle the complex legal process of a TBI claim.
What to Do After a Traumatic Brain Injury
The first thing you should do after any TBI is to seek immediate medical attention so that a doctor can diagnose, treat, and document your condition. Then:
- Follow your doctor’s care plan to maximize your body’s healing capabilities.
- Record the details of your recovery progress in a “pain diary” for future reference.
- Gather evidence for your case, including photos and video footage, copies of accident reports, and statements from reliable eyewitnesses.
- Keep copies of your medical bills, lost income, and other key documents.
- Avoid posting any information or photos online while your TBI claim is pending.
- Review your case with a Miami injury lawyer before you talk to anyone else.
Visit Redemption Law
Miami
15100 NW 67th Ave, Suite 410
Miami Lakes, FL 33014
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1821 N 23rd St, Suite 118
McAllen, TX 78501
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Schedule a free consultationTraumatic Brain Injury FAQs
The Miami brain injury lawyers at Redemption Law know the physical, emotional, and financial toll a TBI can take on victims and their families. That’s why so many people in Miami turn to us after severe brain injury accidents. Our clients choose Redemption Law because:
- Our attorneys have the right experience. The experienced trial lawyers at Redemption Law have recovered millions of dollars for clients just like you. We have a wealth of experience in personal injury law, and our attorneys know the ins and outs of Florida’s legal system. Let us put our experience and resources to work for you.
- We provide personalized attention. When you hire an attorney at Redemption Law, you’re more than just a case number. We know every client is unique, so we’re dedicated to providing personalized attention to every person we represent. You deserve a lawyer who will be there for you every step of the way, working for the best possible outcome of your claim while you focus on healing.
- Our firm offers quality, affordable services. We understand that many of our clients are in tight financial circumstances after their injuries. But we believe everyone should have access to quality legal help, regardless of their ability to pay. That’s why we offer our top-notch legal services on a contingency fee basis— meaning you pay nothing up-front to hire us. We don’t get paid unless we win money for you. There’s never any risk to you, and you never have to worry about paying us out of pocket.
- We offer free, convenient consultations. We also offer free initial consultations to anyone who seeks one. If you have questions, you can speak to one of our lawyers to better understand your options. This is at no cost to you and with zero obligation to move forward. We have a convenient office location in Miami Lakes, so meeting with us in person is easy. Our bilingual staff can also speak with you via video chat or over the phone whenever you need us.
Yes, you need a lawyer for your TBI claim, and here’s why. A lawyer can communicate and negotiate on your behalf, build a strong case, and protect your rights throughout the claims process.
In many cases, yes. Under Florida law, you can file a personal injury claim against another party as long as your percentage of fault is 50 percent or less. However, the amount of money available decreases based on your degree of fault, so work with a TBI lawyer who can limit your exposure to reduced compensation.
The timeline for your TBI claim can vary depending on several factors, including the complexity of your case, the insurance company’s cooperation, and how the TBI affects your life. Consult your attorney to evaluate your case and determine how long it might take to get the money the other party owes you.
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