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Traumatic Brain Injury Lawyer

Miami, Florida

As a personal injury attorney, I am often retained to represent individuals who have sustained a traumatic brain injury. A traumatic brain injury is simply defined as any injury to the brain caused by trauma to the head or skull. Certain traumatic brain injuries are easy to identify. For example, if someone has a fractured skull, a brain bleed, or a cerebral edema then you can be certain they have suffered a traumatic brain injury.

However, oftentimes accident victims will suffer what is called a “mild” or “moderate” brain injury. Such injuries are more difficult to identify and involve subtle problems with emotions, memory, thinking, concentration, etc. For a more in-depth list of factors and issues that present when someone suffers a traumatic brain injury, consult the Centers for Disease Control. The more factors an individual suffers from, the greater the likelihood that he/she has suffered a traumatic brain injury.

After you file a traumatic brain injury claim, insurers will frequently attempt to discredit or downplay your injury. We have the resources and experience needed, to fight them for you. We know how to correlate your symptoms and gather the evidence to demonstrate the severity of your injury. We won’t back down until you receive the money you deserve.

What Is A Traumatic Brain Injury?

According to the Brain Injury Association of America, there are two types of brain injuries: Acquired brain injury (ABI), which is caused by internal factors such as a lack of oxygen, exposure to toxins, or pressure from a tumor, and traumatic brain injury (TBI), which is caused by an external force, such as blunt force trauma to the head.  Put another way, brain injuries are generally classified as either “traumatic” (TBI) or “anoxic or hypoxic.” The latter is also sometimes referred to as “non-traumatic” brain injury, according to Tallahassee Memorial Health Care. These classifications refer to how a patient acquires a brain injury.

According to Johns Hopkins Medicine, a traumatic brain injury can either be penetrating or closed, meaning that a brain injury can occur even when there is no open wound or visible damage to the head. 

Traumatic Brain Injuries can happen in the following types of incidents:

  • falls

  • motor vehicle accidents

  • construction accidents

  • pedestrian accidents

  • assault and batteries

  • sports injuries

What Are the Types of Traumatic Brain Injuries?

There are several types of traumatic brain injuries for which you can claim compensation. The most common type of brain trauma, which can occur in both closed and open head injuries, is a concussion. They are often caused by a trauma to the head, violent shaking of the head, impact to the skull, or whiplash-type movements. Trauma often results in a mild traumatic brain injury, know as post-concussion syndrome.  Do not let the term mild fool you.  Post-concussion syndrome is a severe disorder that can last for months or even years.

Post-Concussion Syndrome

The Brain Injury Association lists the following as symptoms of post-concussion syndrome:

  • Difficulty paying attention

  • Memory loss

  • Difficulty problem solving

  • Depression

  • Anxiety

  • Irritability

  • Impulsivity

  • Mood swings

A concussion should never be ignored and warrants immediate medical attention. Post-concussion syndrome can significantly inhibit your ability to perform daily tasks and may interfere with your job performance. Repeatedly, concussions are either ignored or overlooked by attorneys and physicians who opt to focus on the more obvious and readily apparent injuries.  Let our top-rated traumatic brain injury lawyers, help you get the care and attention you need in order to properly treat your post-concussion syndrome.

Proper diagnosis of post-concussion syndrome is based on the patient’s history of head trauma, results of both a physical and neurological examination, and other diagnostic testing to rule out the presence of a more severe brain injury.  A patient’s age and history of prior concussions may increase the risk factors for the post-concussive syndrome.  That is why consulting with a neurologist immediately after a trauma to head is critical to making sure that your post-concussion syndrome is not overlooked.

Image of a brain with physical, sleep, cognitive, emotional centers  indicated with concussion challenges.

What If You Suffer a Second Concussion?

Second impact syndrome can occur when there is a rapid swelling of the brain, which may prove fatal. If a second concussion occurs before the symptoms resolve from the initial trauma; second impact syndrome (SIS) can occur. Even a subsequent minor concussion can cause secondary impact syndrome. Secondary impact syndrome often proves deadly, and even when victims do survive, there a left with a permanent debilitating condition.

Football players and other athletes often suffer multiple concussions throughout their careers. Repeated concussions can have severe and prolonged effects on the body. Sadly, these repeated injuries have resulted in dementia, Alzheimer’s disease, Lou Gehrig’s disease, and severe depression.

Penetrating Brain Injury

An injury that forces matter from the skull into the brain. It can result from a gunshot wound, stabbing wound, or any other sharp object. These types of brain injuries tend to be so severe that they can result in death

Hematoma or Blood Clot in the Brain

A mass of blood or pronounced swelling between the skull and the brain. The swelling or mass of blood can occur inside the brain and not be visible to the human eye.

Brain Contusion

A contusion results from an impact to the head resulting in severe bruising or bleeding of the brain. A cerebral contusion is a bruise to the brain tissue. Extensive contusions with edema or swelling often require surgery to reduce intracranial pressure.  This can be life-threatening or cause permanent brain damage.  Additionally, toxins are released due to the discoloration increasing the rate of the node.

A cerebral contusion can be related to blood vessel leaks and microhemorrhages. Contusions occur in the cortical tissue under the site where the impact occurred.

Coup-Contrecoup Brain Injuries

Coup-contrecoup occurs when there are two contusions on both sides of the brain. The first contusion is from the initial impact on the head. The second contusion results from the head being hit with such great force that the brain slams against the other side of the skull. In this type of traumatic brain injury, a coup injury occurs directly under the area of impact. A contrecoup injury occurs on the side directly opposite the impact. In the coup-contrecoup traumatic brain injury, both sides of the brain are damaged.

Diffuse Axonal Injury

Diffuse Axonal Injury is caused by an intense shaking or twisting of the head.  When this happens, the brain lags behind the movement of the skull and can tear parts of the brain. This can lead to severe problems, including paralysis, and even cause death.

This type of traumatic brain injury can be caused by whiplash suffered during a car accident or during a fall where the head moves rapidly forward and then suddenly stops.  Individuals with diffuse axonal injury typically lose consciousness at the time of trauma.  This due to the tearing of nerve tissue causing a disruption in the brain’s regular communication and normal chemical processes. Put more simply, a diffuse axonal injury, inhibits the ability of the cells to transmit messages.

What Is an Anoxic Brain Injury?

When we think of traumatic brain injuries, we usually think about someone getting hit in the head really hard. But there are other ways a person could suffer a brain injury. One way is through a lack of oxygen, or what’s known as hypoxia. There are four types of anoxic brain injuries, caused by hypoxia. Regardless of the reason, however, without oxygen, the brain begins to die after four minutes.

  • Anoxic Anoxia – lack of oxygen in the air.  Drowning is the most common example, but this can occur in high altitude.

  • Anemic Anoxia – blood is not carrying enough oxygen to the brain. Caused by lung disease, carbon monoxide poisoning, or acute hemorrhages from injuries

  • Stagnant Anoxia (Hypoxicischemic injury)– internal problem that prevents oxygen from reaching the brain.  Cardiovascular problems, such as stroke or heart failure, often cause stagnant anoxia.

  • Toxic Anoxia – toxins prevent oxygen from being used by the brain. Carbon monoxide poising is one of the most common causes, but chemicals in industrial workplaces can also cause toxic anoxia.

Any kind of brain injury can cause life-lasting changes to cognitive behavior, thought, and ability to perform daily functions. If you or a loved one have suffered any type of brain injury, and would like to learn your rights to compensation, schedule a free consultation with one of our skilled traumatic brain injury lawyers today.

Who Is Responsible for my Traumatic Brain Injuries?

If you sustained a traumatic brain injury as a result of someone else’s negligence, you are entitled to just compensation. Any of the following individuals or entities may be responsible in a brain injury case:

  • Vehicle drivers

  • Product Manufacturers

  • Property owners

  • Restaurant and fast-food operators

  • Department and convenience stores

  • Medical professionals.

  • Employers

Schedule a free case evaluation with one of our top-rated traumatic brain injury attorneys and find out your rights to compensation.  We can help you pursue a claim against the negligent party. 

Why Should I Choose a Traumatic Brain Injury Lawyer?

Traumatic brain injury victims, benefit from having a lawyer with the expertise and compassion needed to understand their injuries. As explained above, brain injuries can occur in many different ways and can inflict various types of damage. Here are the ways choosing a traumatic brain injury lawyer can help you in the aftermath of a brain injury.

Assessing the Scope of Your Traumatic Brain Injury

Doctors and other health care professionals treat your traumatic brain injury, but they are not the only people who need to understand the extend of your injuries. Your traumatic brain injury lawyer’s job is to ensure you have the support you need to recover from your injuries.  Only then, can the job of getting you compensated for the difficulty you face, really begin. To do that job well, your lawyer must have the expertise need to understand your traumatic brain injury diagnosis.  Our traumatic brain injury lawyers understand and appreciate the severity of your condition, and we will work to ensure that the full scope your injuries are properly conveyed.

Determining Whose Actions Caused Your Traumatic Brain Injury

A lawyer with experience in and knowledge about traumatic brain injuries, will be able to determine who may have legal responsibility for your damages. Brain injuries happen in all kinds of ways, for all kinds of reasons. A lawyer who understands the mechanics of the traumatic brain injuries can pinpoint whose actions caused your injuries. The more accurately a lawyer can pinpoint the party(ies) whose conduct led to your injury, the higher the likelihood you will recover the compensation you deserve.

Explaining and Calculating the Full Scope of Your Traumatic Brain Injury Damages


Good lawyers advocate effectively for their clients.  One danger of hiring an inexperienced lawyer is that he or she will not appreciate ways a traumatic brain injury affects a person’s day-to-day life and wellbeing. If your lawyer cannot truly understand how your injuries have affected your life, how can they help an insurance adjuster or a jury understand and appreciate the important details of a brain injury and its costs. That is no easy task. By choosing an attorney with a specialization in brain injury accidents, you ensure every difficulty, pain, and discomfort you have endured will be counted and compensated.

What are Common Symptoms of a Traumatic Brain Injury?

Physical Symptoms of a traumatic brain injury

  • Dizziness

  • Headaches

  • Blurred/loss of vision

 Cognitive symptoms of a traumatic brain injury

  • Amnesia

  • Disorientation

  • Short term memory loss

  • Poor Concentration

Emotional symptoms of a traumatic brain injury

  • Agitation

  • Irritability

  • Changes in appetite

  • Mood swings

  • Depression

  • Personality changes in general


Symptoms of brain injuries include:

  • Speech difficulties

  • Reduced coordination

  • Loss of memory

  • Confusion of the mind

  • Severe depression

  • Cloudy/blurred vision

  • Seizures

  • Headaches

  • Balance problems


Some people only experience these symptoms for period of days. Others may endure them for an entire lifetime.

2 women, one with arm around the other in support.  Chair and desk are visible in the background

How do You Know If Someone Suffered a Traumatic Brain Injury ?

The only way to know if you or a loved one has suffered a traumatic brain injury is to be seen by a doctor specializing in brain injuries.  Usually this tends to be a neurologist or a neuropsychologist. These medical professionals will be able to ask the right questions regarding your medical history and perform a thorough physical examination. With that information your doctor, can ensure that right tests are ordered and conducted.  This will include ordering blood tests, taking imaging studies, and other diagnostic procedures.

If you suspect that you have sustained a traumatic brain injury, contact a qualified brain injury lawyer as soon as possible. An experienced lawyer can help you determine whether you have a valid claim and are entitled to compensation.

What Compensation is Available to Traumatic Brain Injury Victims?

After a traumatic brain injury, you are entitled to seek compensation from the at-fault party. This includes recovery for your economic and non-economic losses.

Economic Damages in a brain injury case include:

  • Medical bills you have already incurred

  • Costs of your future medical care

  • Any rehabilitation you may need

  • Any wages lost as a result of your injuries

  • Diminished earning capacity or disability

Non-Economic Damages in a brain injury case include:

  • Disfigurement

  • Pain and Suffering

  • Emotional Distress

  • Loss of companionship and comfort of a spouse

  • Reduced quality of life

It is not uncommon for brain injury cases to be worth six or seven figures. Contact our top-rated traumatic brain injury lawyers today for a free consultation. We will begin building the strongest possible case for your injuries.

Economic and Non Economic damages that are available for clients.

How Long Do I Have to File a Lawsuit for a Traumatic Brain Injury?

As with all legal claims, there is often a legal time limit for filing your traumatic brain injury claim.  This is known as the statute of limitations.  The Statute of Limitations applicable to your case will vary based on where your injury occurred and circumstances surrounding how it occurred.  For example, if your accident occurred in Florida, you have 4 years from the date of accident to file a lawsuit.  Unless your accident was caused the negligence of a doctor or other medical professional.  In that case, you would only have 2 years to file a lawsuit. 

If your traumatic brain injury happened in Texas, regardless of the circumstances, then you would only have 2 years from the date of injury to file a lawsuit.  Whereas if your traumatic brain injury occurred in New York you would have 3 years.  These are just some examples of the various time restrictions for filing a traumatic brain injury claim, but each state has its own statute of limitations.  Do not wait to speak with a traumatic brain injury lawyer, as your deadline to file may be fast approaching.  If you have any questions, speak with one of our top-rated traumatic brain injury lawyers today.

Contact Our Traumatic Brain Injury Attorneys Today

If you or a loved one has suffered a traumatic brain injury due to the wrongful conduct of another, click the link below and schedule a free consultation. An experienced and compassionate traumatic brain injury lawyer will discuss your rights, and help you determine the best course of action.

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