MIAMI BRAIN INJURY LAWYER
Traumatic brain injuries, or TBIs, can impact all aspects of a person’s life—sometimes severely and permanently—and the costs can be significant. When someone else is responsible for your TBI, you deserve to hold them accountable. A Miami traumatic brain injury lawyer from Payer Law can assess your case, explain your options, and help you take the next step.
Reviewed by: James D. Payer
Key Takeaways:
- A traumatic brain injury, or TBI, results from a blow, jolt, or impact to the head and can prompt serious, long-term consequences.
- If someone else’s negligence caused your brain injury, you may be able to recover expenses through legal action.
- Payer Law has almost 30 years of experience representing injured Floridians and has recovered more than $100 million for our clients.
Table of Contents
- Why Choose Payer Law Group for Your TBI Case?
- What Is a Traumatic Brain Injury?
- Can I Sue for a Brain Injury in Florida?
- Compensation for Miami Traumatic Brain Injury Victims
- How a Miami Brain Injury Lawyer Can Help Your Case?
- FAQs About Traumatic Brain Injury Lawsuits in Miami
- Get a Free Consultation With a Miami Traumatic Brain Injury Lawyer
Why Choose Payer Law Group for Your TBI Case?
At Payer Law, we have nearly three decades of experience helping Florida accident victims get compensation for their injuries. Our aggressive and hands-on approach has enabled us to recover over $100 million for injured clients.
Notable case results we’ve obtained include the following:
- $27.56 million for a client who sustained a severe brain injury in a high-speed crash. Despite the other driver traveling over 100 miles per hour at impact, their insurance company initially offered no compensation in settlement talks. A jury ultimately found the defendant 100 percent responsible and awarded the second-largest auto accident verdict in Orange County history.
- $2.25 million for a client who sustained a TBI that required multiple surgeries, weeks of hospitalization, and extensive rehabilitation. We settled with the insurance company for uninsured motorist coverage.
We have earned many grateful testimonials and reviews from people we have helped and look forward to adding to that number.
Let us guide you through this difficult time with expert legal advice and genuine compassion. Speak with a severe head trauma lawyer in Miami at (305) 363-7099 to learn more. We offer bilingual services in Spanish and English.
What Is a Traumatic Brain Injury?
The first step in achieving justice for your injury is understanding its impact. A traumatic brain injury is damage to the brain from a forceful blow, jolt, or penetration.
TBIs can be mild to severe. Even a concussion or other mild TBIs can have long-term consequences without proper care. Severe TBIs are initially life-threatening and typically require long-term rehabilitation, with some patients requiring lifelong care.
The costs involved in these severe cases are often high. One study showed that hospitalized TBI patients incurred $51,241 in medical expenses and $6,110 in lost wages in the first year alone. A Miami concussion lawyer can help you calculate losses and pursue compensation.
Common Causes of Traumatic Brain Injuries in Miami
Identifying the cause of a TBI is the first step to securing compensation. Some of the most common causes of TBIs in the Miami area are:
- Car accidents: A motor vehicle collision can jostle the brain inside the skull or cause direct head impact.
- Motorcycle accidents: Although helmets reduce head injury risks, serious accidents can still leave riders with traumatic brain injuries.
- Slip and fall accidents: According to the Centers for Disease Control and Prevention, falls are the most common cause of TBI. Negligent property maintenance increases the risk of someone falling and sustaining a head injury.
- Workplace injuries: Inadequate safety practices, negligent maintenance, and poor training make workers more susceptible to job site accidents, particularly in higher-risk occupations.
If you suffered a head injury in an accident, track your symptoms and seek evaluation for a TBI. When you speak with a Miami traumatic brain injury attorney, this information will help build your case.
Traumatic Brain Injury Symptoms
Your TBI symptoms and prognosis play a significant role in determining available compensation. An experienced brain injury lawyer in Miami can help you identify potential TBI symptoms, such as:
- Physical symptoms: Headache, nausea, vomiting, dizziness, light-headedness
- Neurological issues: Slurred speech, limb weakness, loss of balance, loss of consciousness, hearing or vision changes, light or sound sensitivity
- Cognitive changes: Trouble concentrating, memory loss, sleep disruption
- Behavioral symptoms: Agitation, irritability, anxiety, mood changes
Because TBIs affect brain function, some patients experience long-term or permanent changes in how they live, work, and interact with others. Effects may include:
- Seizures
- Paralysis
- Physical weakness
- Memory loss
- Difficulties with logic or reasoning
- Difficulty speaking or understanding speech
- Problems with visual processing
- Behavioral changes, including loss of inhibition
- Inability to perform routine tasks, such as showering or eating
Patients with severe injuries and extremely life-limiting symptoms are more likely to face higher short-term and long-term costs. If you file a claim, your Miami TBI lawyer will use information about your experiences to develop your case.
Can I Sue for a Brain Injury in Florida?
In Florida, you can sue for negligence if someone else’s irresponsible actions caused your brain injury. Most negligence actions have a two-year statute of limitations, meaning you must file within two years of the injury or the date you discovered it.
There are certain exceptions to the statute of limitations, but the deadlines are strict. If you miss the deadline, you will likely lose your right to sue and pursue justice for your injury.
It’s critical to seek brain injury legal help in Miami promptly after your TBI. At Payer Law, we offer free case evaluation and can advise you on your next steps.
Proving Negligence in a TBI Case
To prove that your TBI resulted from someone else’s negligence, you must demonstrate that:
- The defendant owed you a duty of care.
- The defendant breached that duty by action or inaction.
- The breach of duty led to your injury.
- You suffered measurable loss from your injury.
For example, suppose a plaintiff falls on a wet floor and sustains a head injury. A Miami TBI lawyer may be able to establish a cleaning company acted negligently by failing to post warning signs. The cleaning company has a duty to protect building visitors from hazards. Because the company failed to warn visitors about the danger, the plaintiff did not know to avoid the area because it might be slippery, leading to the visitor’s fall, injury, and losses.
Compensation for Miami Traumatic Brain Injury Victims
Successfully proving negligence allows you to recoup tangible and intangible costs for your injury, such as:
- Medical expenses: Out-of-pocket costs such as diagnostic tests, inpatient and outpatient treatment, and physical or occupational therapy
- Lost wages: Work hours missed due to your injury, including loss of earning capacity
- Pain and suffering: Physical, mental, and emotional distress from your injury and its effects
- Rehabilitation and therapy costs: Short- and long-term costs associated with recovering function
At Payer Law, we have recovered millions of dollars in damages across these categories and more. If you want to learn more, please call us and speak to a personal injury lawyer for brain injuries in Miami.
How Much Is a Miami TBI Case Worth?
TBI settlement amounts in Miami depend on the circumstances. The following are the key factors to consider:
- Liability: Under Florida’s comparative negligence law, each party’s share of the fault is considered when determining damages. If you were partially at fault for the accident that caused your injury, the court will reduce your award by your share of the fault.
- Injury severity: More severe injuries typically mean higher medical costs and greater emotional and physical distress. These losses are part of the compensation you can claim.
- Long-term medical costs: Future costs factor into the compensation you can receive for your TBI. Patients requiring extensive long-term therapy or care can receive compensation for those costs.
Insurance companies often fight to deny or minimize your claims. They may dispute your injury severity, downplay your suffering, or question the necessity of your treatments. As a traumatic brain injury law firm in Miami, we will fight against these tactics to maximize your compensation.
How a Miami Brain Injury Lawyer Can Help Your Case?
When you come to Payer Law for legal help for a brain injury in Miami, we will start with a free consultation. We will learn about your accident and determine if you might have a case.
Once you choose us to represent you in a lawsuit, we will use our extensive local and professional network to investigate your case and gather as much evidence as possible. We will use that evidence to identify responsible parties and establish their liability. We will then prepare and file a lawsuit to pursue the full compensation available.
As your legal counsel, your Miami head injury attorney will fight tirelessly for your rights. We will negotiate aggressively with insurance companies and go to trial, if necessary, to pursue justice for you.
Get a Free Consultation With a Miami Traumatic Brain Injury Lawyer
When you suffer a brain injury caused by someone else’s negligence, you deserve the best brain injury lawyer in Miami. Payer Law has the experience and knowledge to fight for you, no matter what it takes. It pays to call Payer.
Don’t wait—schedule an immediate case evaluation with an experienced lawyer. Our Miami personal injury law office is conveniently located at 12000 Biscayne Blvd, Suite 503, and we’re available 24/7 to discuss your case.
Call us at (305) 363-7099 or contact us online to schedule your free consultation. There is no upfront cost and no fee unless we win.
FAQs About Traumatic Brain Injury Lawsuits in Miami
What damages can I recover in a brain injury lawsuit in Florida?
You may be able to recover compensation for your monetary and non-monetary losses, including medical expenses, lost wages, and pain and suffering.
How long do I have to file a brain injury lawsuit in Miami?
Generally, you have two years from the accident date to file a personal injury lawsuit in Florida. Select exceptions exist, but filing within the deadline is essential to avoid losing your right to sue.
12000 Biscayne Blvd STE 503
Miami, FL 33181
(305) 363-7099
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Client Reviews
Professional, efficient, helpful, and dedicated to their clients. Lysette West extremely attentive and responsive, answered every question or concern professionally and swiftly. She set my mind at ease during some of the most difficult times I have encountered. Even when I missed an appointment because of a natural disaster. She jumped right into the situation cleared it up and got the ball rolling again in short order. I only wish I was able to call on Payer Law for all my legal issues.
James has a heart for justice and is passionate about helping the ones in need of fair representation. Thank you for your professionalism and confidence in what’s right. Thank you for caring and being there for my mom and our family. God bless.
The staff are courteous and knowledgeable. Chris Payer treats me like family and I know he is fighting for me and my case. I highly recommend Payer Law.
