Traumatic brain injuries are a significant cause of disability and death in the United States. The most recent data from the CDC indicates more than 214,000 TBI-related hospitalizations in 2020 and nearly 69,473 deaths due to TBI in 2021, representing over 586 hospitalizations and 190 deaths related to TBI each day.
Suffering from a traumatic brain injury (TBI) can change the course of your life. It can affect your ability to make a living, lead to ongoing disabilities and disrupt how your brain functions. If your brain injury was the result of an accident that could have been avoided, you may be able to file a lawsuit against the party responsible for causing you harm.
A brain injury can lead to extreme medical costs and expenses for other needs. The decisions you make in those critical first weeks can determine whether you receive the compensation needed for proper treatment and ongoing care. A brain injury lawyer can provide specialized legal expertise and help you collect monetary compensation against negligent parties who caused your potentially life-changing personal injury.
This comprehensive guide reveals everything you need to know about TBI lawsuits, including recognizing brain injury symptoms, identifying liable parties, understanding your legal options and why choosing a top-rated brain injury attorney like those at Florin|Roebig can mean the difference between struggling financially to receive the care you need and having the resources you need for a stable future.
Understanding Traumatic Brain Injuries
A traumatic brain injury, or TBI, can occur when sudden trauma to the head causes an injury to the brain severe enough that it damages the brain and impacts how it works. Various injuries can cause TBI, including when your head hits an object or an object hits your head with force or when an object penetrates the skull and sinks into your brain tissue, such as a bullet or a shattered piece of skull.
Car accidents, falls, sports injuries, assaults, explosions or workplace accidents may cause a blow or jolt to your head severe enough to disrupt normal brain functioning. The severity of a TBI depends on how much of your brain’s normal activities are disrupted and for how long.
Doctors use the Glasgow Coma Scale to measure the severity of brain injuries by testing a person’s ability to open their eyes, speak and move. The scale helps determine the level of care needed, with ranges including:
- Mild TBI (Score of 13–15): Often classified as a concussion, which may cause temporary symptoms that are typically resolved with appropriate medical attention.
- Moderate TBI (Score of 9–12): More serious injury requiring intensive medical care.
- Severe TBI (Score of 3–8): The most severe injuries, which often result in significant long-term impairments.
According to the National Institute of Neurological Disorders and Stroke (NINDS), approximately half of the people who experience severe head injuries require surgery to repair or remove ruptured blood vessels (hematomas) or bruised brain tissue (contusions). Depending on your age and health and the location and severity of a TBI, you may experience lifelong disabilities.
Common Types of Brain Injuries
The most frequently seen traumatic brain injuries include:
- Concussion: Most common type of mild TBI
- Cerebral Contusion: Bruised or bleeding area within brain tissue
- Cerebral Edema: Swelling of the brain from excess liquid buildup (often around contusions)
- Diffuse Axonal Injury: Widespread tearing of brain nerve fibers
- Skull Fracture: Broken bones that can damage brain tissue
- Anoxic Brain Injury: Complete lack of oxygen to the brain
- Hypoxic Injury: Partial oxygen deprivation, often from strokes
Life-Changing Effects of Brain Injuries
Even “mild” TBIs can cause lasting problems. However, based on the severity and location of the injury, you may experience:
- Cognitive Challenges: Problems with thinking, memory, concentration and decision-making
- Physical Symptoms: Issues with sight, hearing, taste, smell, balance and coordination
- Communication Difficulties: Trouble expressing thoughts or understanding others
- Emotional Changes: Depression, anxiety, mood swings and personality shifts
- Behavioral Issues: Aggression, impulsiveness and socially inappropriate actions
Some disabilities can prevent you from returning to work, maintaining relationships or living independently, making legal compensation crucial for covering ongoing medical care and lost income.
Symptoms of Traumatic Brain Injury
Symptoms of a TBI can range from mild to severe and appear immediately after an injury or develop hours, days or even weeks later. For example, if you experience a mild TBI, you may only blackout for a few seconds or may not lose consciousness at all. Understanding TBI symptoms is crucial for getting proper medical care and building a strong legal case if someone else’s negligence caused your injury.
Mild to Moderate TBI Symptoms
Physical Symptoms
- Headaches that worsen or don’t go away
- Dizziness and balance problems
- Nausea or vomiting
- Sensitivity to light or noise
- Blurred vision or seeing “stars”
- Ringing in the ears (tinnitus)
- Bad taste in the mouth
Cognitive Symptoms (Brain Fog)
- Memory problems (especially forming new memories)
- Difficulty concentrating or focusing on tasks
- Confusion and disorientation
- Slower thinking and processing information
- Problems with decision-making
Sleep and Mood Changes
- Sleep pattern disruptions (sleeping more or less than usual)
- Trouble falling asleep or staying asleep
- Mood swings and irritability
- Depression or anxiety that wasn’t present before
- Feeling more emotional than usual
Many people dismiss concussion symptoms as temporary, but they could indicate serious brain injury requiring medical attention and legal action.
Severe TBI Symptoms
People with severe traumatic brain injuries may experience all the symptoms above, plus:
- Loss of consciousness for minutes to hours
- Repeated vomiting or nausea
- Convulsions or seizures
- Slurred speech or inability to speak
- Dilated pupils or pupils of unequal size
- Weakness or numbness in arms, hands, legs or feet
- Severe coordination problems
- Increasing agitation, confusion or combativeness
Severe TBI symptoms can also include coma or vegetative states, where a person remains unconscious or experiences only brief moments of awareness.
Post-Concussion Symptoms: When Recovery Stalls
According to the National Library of Medicine, concussion symptoms go away within 2 weeks in about 80-90% of cases, especially among patients of high school or college age. However, multiple studies, including one prepared for the Department of Veterans Affairs, show that about 10% to 20% of people develop post-concussion symptoms that persist for months or even years.
If you experience symptoms that last beyond the expected recovery period, you may have a condition called post-concussion syndrome. Post-concussion symptoms can severely impact your ability to work, maintain relationships and enjoy life. Recovery timelines vary and some people may have permanent effects.
Remember: Even “mild” TBI symptoms can indicate serious brain damage. Getting prompt medical care creates necessary documentation for both your health and any potential legal case.
Disabilities & Long-Term Effects After TBI
The true cost of a traumatic brain injury extends well beyond your initial medical treatment. While some people recover from mild TBIs within weeks, others may face long-term effects of TBI that permanently alter their lives and ability to earn a living.
Cognitive Decline After TBI
Memory and thinking problems are among the most devastating long-term consequences of TBI. You may struggle with:
- Memory Formation: Difficulty learning new information or remembering recent events
- Attention and Concentration: Inability to focus on tasks for extended periods
- Executive Function: Problems with planning, decision-making and problem-solving
- Processing Speed: Slower thinking and delayed responses
- Language Skills: Trouble finding words or understanding complex conversations
Cognitive issues following TBI can make returning to work or school extremely challenging, if not impossible.
Physical and Sensory Disabilities
TBI disability often includes lasting physical problems that affect daily functioning, including:
- Vision Issues: Blurred vision, double vision or light sensitivity
- Balance and Coordination: Dizziness, unsteadiness and increased fall risk
- Chronic Fatigue: Overwhelming exhaustion that doesn’t improve with rest
- Headaches: Persistent pain that interferes with daily activities
- Sleep Disorders: Insomnia or excessive sleepiness disrupting daily routines
Behavioral Changes After TBI
One potentially devastating aspect of brain injury involves behavioral changes that can strain relationships with family members and friends. These changes can include:
- Mood Regulation: Sudden anger, depression or emotional outbursts
- Personality Changes: Becoming more aggressive, impulsive or withdrawn
- Social Skills: Inappropriate behavior or difficulty reading social cues
- Impulse Control: Poor judgment and risky decision-making
Real-World Impact on Daily Life
These disabilities can create overwhelming challenges in numerous areas, including:
- At Work: Difficulty concentrating, memory problems and fatigue can end careers, even in “desk jobs.”
- In Relationships: Personality changes and mood swings can strain marriages and family bonds.
- Daily Activities: Simple tasks like driving, grocery shopping or managing finances can become dangerous or impossible.
- Financial Security: Lost income combined with ongoing medical expenses can create lasting economic hardship.
Some TBI survivors require ongoing rehabilitation, specialized care and permanent disability support. Some never live independently again. An experienced TBI attorney at Florin|Roebig can help you pursue compensation to provide the financial resources you need for proper treatment, rehabilitation and support when another person’s neglect impacts how you live your life.
Common Causes of Traumatic Brain Injuries
The cause of your brain injury determines whether you can file a TBI lawsuit. Head injuries can occur in a variety of situations, so the specific circumstances help you and your lawyer figure out who’s liable for your injury and build your legal case.
1. Falls
Falls are the leading cause of traumatic brain injuries, particularly among the elderly and young children. Nearly half of TBI-related hospitalizations are due to falls. Common scenarios include slipping on wet surfaces without warning signs, falling from ladders, inadequate snow or ice removal and tumbling down stairs due to poor lighting, uneven surfaces or broken handrails. These accidents often result in concussions or more severe brain trauma.
Florin|Roebig’s Approach: We would focus on proving negligence by property owners or managers by gathering evidence such as maintenance logs, surveillance footage and witness statements. Our law firm would also consult medical experts to fully assess the long-term impact of the injury on the brain injury victim’s quality of life. By building a strong, evidence-based case, Florin|Roebig would aim to secure compensation for medical bills, lost wages and emotional distress, pushing for the maximum possible jury verdict.
2. Motor Vehicle Accidents
Car accidents, motorcycle accidents and truck accidents are a significant cause of TBIs, often due to sudden impacts, whiplash or head injuries sustained during collisions. Victims may experience concussions or severe brain damage from head-on collisions, rollover accidents, ride-share accidents or autonomous vehicle failures, leading to long-term cognitive impairment or physical disability. Auto crash-related TBIs often result in the most severe long-term disabilities, making a thorough legal investigation crucial.
Florin|Roebig’s Approach: In vehicle accident cases, we would conduct an in-depth investigation of the accident scene, analyze vehicle damage and consult accident reconstruction experts. Our law firm would also collaborate with neurologists to provide detailed medical testimony on the severity of the victim’s brain injury. Florin|Roebig would fight to ensure the insurance company or the negligent driver pays for all damages, advocating for full compensation through settlement or trial.
3. Sports Injuries
Contact sports like football, soccer and boxing are common causes of TBIs, especially when proper safety protocols or equipment aren’t in place. Repeated concussions or head trauma during games or practices can result in severe, long-term brain damage in youth and adult sports.
Florin|Roebig’s Approach: Our law firm would investigate the role of coaches, trainers and sports organizations to ensure they were following appropriate safety procedures. If negligence in supervision or faulty equipment was involved, Florin|Roebig would gather expert testimony from medical and sports professionals. Our brain injury law team would work tirelessly to hold all responsible parties accountable, seeking the highest possible compensation for the victim’s ongoing medical needs and future health complications.
4. Assaults
Physical assault and battery, such as blunt force trauma to the head during a fight or domestic violence, are a frequent cause of traumatic brain injuries. Depending on the force of impact, these injuries can lead to cognitive deficits, emotional instability and physical impairments. Cases involving intentional harm may lead to both criminal charges and civil lawsuits.
Florin|Roebig’s Approach: We would ensure justice by aggressively pursuing the responsible party through civil claims. Our law firm would work closely with law enforcement and forensic experts to gather evidence of the assault. The Florin|Roebig law team would fight for damages that account for the physical, emotional and financial impact of the TBI on the victim’s life, striving for the maximum jury verdict to cover ongoing medical care and emotional trauma.
5. Work-Related
TBIs occur in the workplace frequently, especially in dangerous occupations where proper safety protocols can prevent life-changing injuries. According to the Centers for Disease Control and Prevention (CDC), more fatal and non-fatal TBIs occur in the construction industry each year. Construction workers may suffer a head injury from falling tools and materials, being struck by heavy machinery and falls from ladders, buildings or other high places. Emergency responders also have a risk of head injuries due to physical altercations, building collapses during rescue operations and car accidents while responding to calls.
Florin|Roebig’s Approach: Work-related TBIs require us to investigate employers and whether appropriate workplace safety precautions were taken. Our attorneys examine OSHA compliance records, safety training documentation and equipment maintenance logs to identify violations that contributed to the head injury. We pursue workers’ compensation benefits and third-party liability claims when contractors, equipment manufacturers or property owners share responsibility for unsafe conditions. Florin|Roebig secures comprehensive compensation that covers immediate medical needs and long-term disability support for brain injury victims who can no longer work in their chosen profession.
6. Explosions and Blasts
TBIs from roadside bombs can be a common injury to military service members in certain situations, especially during military conflicts. However, workers in certain occupations may also suffer damage from pressure waves caused by blasts, such as those in demolition work. Blasts can also cause flying debris that could hit a worker in the head, causing TBI.
Florin|Roebig’s Approach: Blast-related TBIs require specialized investigation into safety protocols, equipment failures and regulatory compliance. Our legal team works with explosive experts and occupational safety professionals to document how pressure waves and debris caused the traumatic brain injury. We investigate whether adequate protective equipment was provided and all safety regulations were followed. Florin|Roebig ensures that blast injury victims receive maximum compensation for the invisible effects of pressure wave brain trauma that often goes unrecognized by standard medical imaging.
Firearm-related suicide is the most common cause of death related to traumatic brain injuries in the nation. However, Florin|Roebig also handles cases involving accidental shootings due to negligent gun storage, hunting incidents, domestic violence and more.
RELATED: Florin|Roebig Obtains $9.5M Jury Trial Verdict in Personal Injury Case for Shooting Victim
The Legal Significance of TBI Causes
Not every brain injury creates grounds for a lawsuit. Your case depends on proving that someone else’s negligence contributed to your injury. With over 69,000 TBI-related deaths in 2021 and countless survivors facing permanent disability, understanding liability is crucial for securing the compensation needed for proper treatment and long-term care.
Each cause of TBI requires different legal strategies and evidence. An experienced brain injury attorney at Florin|Roebig can evaluate the specific circumstances of your case to determine the best path forward for maximum compensation.
Brain Injury Lawsuits
A traumatic brain injury lawsuit can be based on the negligence of the liable party. For a negligence cause of action to be considered, the brain injury must be connected to the other party’s negligence. To prove negligence in a brain injury lawsuit, a lawyer must show that certain elements exist.
If someone else’s carelessness caused your brain injury, you may be able to sue them for compensation. To win your case, your lawyer needs to prove that the other person or company was negligent, meaning they failed to act safely and their actions directly led to your head injury.
For a brain injury lawsuit to succeed, Florin|Roebig must demonstrate that the responsible party’s negligence caused your TBI and you suffered real damages as a result. The experienced attorneys at Florin|Roebig have successfully handled every type of brain injury lawsuit and know precisely when you have a viable TBI claim.
Proving Negligence in Brain Injury Claims
To prove negligence and build a winning brain injury case requires that the victim of the injury (plaintiff in a lawsuit) proves that the party they’re filing the lawsuit against is at fault or legally responsible for their brain injury. As your legal representation, Florin|Roebig must prove the following four elements.
1. Duty of Care
Every person and business has a legal obligation to act reasonably and avoid causing harm to others. Examples of duty of care in brain injury cases include:
- Drivers must follow traffic laws and operate vehicles safely.
- Property owners must maintain reasonably safe premises for visitors.
- Employers must provide safe working conditions and proper safety equipment.
- Manufacturers must design and test products to prevent foreseeable injuries.
- Medical professionals must provide treatment that meets accepted standards of care.
Florin|Roebig’s attorneys identify every party with a duty to protect you and hold them accountable when they fail and you’re injured as a result.
2. Breach of Duty
A breach occurs when someone fails to meet their legal obligation to act reasonably. Common breaches leading to brain injuries include:
- Traffic violations like speeding, running red lights or sending text messages while driving.
- Inadequate maintenance of stairs, walkways or safety equipment.
- Failure to follow safety protocols in construction or industrial settings.
- Inadequate security that allows assaults to occur.
- Defective product design that doesn’t protect users as intended.
3. Causation: Linking Negligence to Your Brain Injury
Proving causation in brain injury cases requires showing that the defendant’s breach directly caused your TBI. You can only recover damages for injuries directly tied to the breached duty of care. Proof often involves:
- Crash Reports: Police documentation of traffic violations and accident circumstances.
- Scene Photography: Visual evidence of dangerous conditions or safety failures.
- EDR “Black Box” Data: Electronic data from vehicles showing speed, braking and impact details.
- Video Surveillance: Security camera footage capturing the incident.
- Maintenance Logs: Records showing failure to address known hazards.
- Incident Reports: Workplace or premises documentation of safety violations.
In cases involving shared fault, Florida’s comparative negligence laws still allow recovery even if you were partially to blame for the accident. Florin|Roebig knows how to minimize any comparative fault while maximizing the defendant’s responsibility.
4. Damages: Your Losses and Injuries
Even if you can prove negligence, you need to show that it caused you actual harm. Brain injury damages include:
- Medical expenses for emergency care, surgery, rehabilitation and ongoing treatment.
- Lost wages and reduced earning capacity due to cognitive or physical limitations.
- Pain and suffering from physical discomfort and emotional trauma.
- Loss of enjoyment of life when TBI prevents participating in previously enjoyed activities.
Florin|Roebig’s track record of securing maximum compensation comes from our thorough approach to proving every element of negligence while aggressively fighting insurance companies that try to minimize your claim. We understand that brain injury cases are complex, and we have the medical experts and legal expertise to build winning cases.
Product Liability in Brain Injury Claims
A brain injury lawsuit could stem from a product liability claim. If your injury was due to a defective product or part, you may be able to file a lawsuit against the makers, manufacturers or distributors of the product.
Florin|Roebig’s product liability attorneys know how to hold manufacturers accountable for their dangerous products. The following represents the three main types of defects that can lead to a product liability claim.
Manufacturing Defects
When safe product designs go wrong during production. Examples include:
- Helmets with cracked shells that weren’t detected during quality control.
- Airbags with faulty sensors that fail to deploy during crashes or airbags that deploy too aggressively.
- Safety harnesses with weak stitching that break under regular use.
Under strict liability principles, manufacturers are liable for injuries caused by poorly manufactured products, even if they were careful during production. Florin|Roebig’s team knows how to prove these manufacturing defects through expert testimony and detailed product analysis.
Design Defects
When the entire product line is inherently unsafe. While the product may have been manufactured correctly, the design itself makes the product dangerous. Common examples include:
- Football helmets that don’t adequately protect against concussion forces.
- Furniture with a top-heavy design.
- Vehicle designs that are prone to rollovers or have inadequate safety equipment.
Florin|Roebig works with top engineering experts to demonstrate how safer alternative designs could have prevented your brain injury.
Failure to Warn
When manufacturers don’t adequately warn consumers about known risks. You may have a claim if consumers weren’t warned about a product’s potential hazards or provided with clear directions for proper use. This includes:
- Sports equipment without proper concussion risk warnings.
- Industrial safety gear without usage limitations.
- Consumer products without critical safety instructions.
Breach of Warranty
When products fail to perform as promised or advertised. For example, if a helmet marketed as “concussion-proof” or safety equipment guaranteed to prevent injuries doesn’t hold up to the hype, you may have a breach of warranty claim.
In some states, there’s a strict standard of liability that demands that all product manufacturers produce things that are safe and effective. Under these circumstances, you may only need to prove that the product was defective and that the defect caused your injury.
Florin|Roebig identifies every party in the supply chain potentially responsible for your defective product brain injury, including manufacturers who designed and produced the defective products, distributors who knew or should have known about the defects, retailers who sold products with known safety issues and component suppliers who supplied defective parts that contributed to the injury. Our legal team may have multiple defendants that we pursue, maximizing your compensation.
Medical Experts in Brain Injury Claims
Medical experts often mean the difference between winning and losing a traumatic brain injury lawsuit, which means any case will likely include testimony from one or more of these experts. They demonstrate how the defendant’s negligence was responsible for the injury in simple terms.
A qualified medical expert will examine medical records and documents and use this information to determine if the professional failed to meet the industry standard of medical care. Experts also gather their own evidence to further prove negligence, such as creating data models or simulations of the accident.
Florin|Roebig carefully selects the right combination of specialists for your specific situation to serve as expert witnesses. Because brain injuries are often invisible, they require experts to explain that even minor impacts to the head can cause permanent cognitive, physical and emotional changes. Detailed evaluations from medical experts create solid evidence that’s hard for insurance companies to dispute, especially when your abilities have dramatically changed compared to before the accident.
What to Do After a Suspected TBI
The actions you take in the first hours and days after a suspected brain injury can significantly impact both your recovery and your legal case. If another party’s negligence caused your head injury, following these steps after a concussion protects your health while preserving evidence for a potential lawsuit.
- Seek Immediate Medical Care: Get medical attention right away, even if you feel “fine.” Many brain injuries don’t show symptoms immediately, and a medical evaluation creates critical documentation that can detect life-threatening complications and strengthen your claim.
- Follow Return-to-Activity Guidance: Don’t rush back to work, driving or sports activities until your provider says it’s safe. Returning too quickly can worsen your injury and harm your legal case by suggesting you weren’t seriously hurt.
- Preserve Critical Evidence: Evidence disappears quickly after accidents, so act fast to protect your legal rights. If you’re able to, document the scene with photos, collect witness information, preserve physical evidence (damaged safety equipment, broken objects, etc.) and keep all medical records from emergency room visits, doctor appointments and diagnostic tests.
- Avoid Recorded Statements: Never give recorded statements to insurance companies without legal representation. Insurance adjusters often contact accident victims within hours, hoping to get statements that minimize injuries or admit fault that can hurt your case.
Detailed documentation strengthens your legal case and helps your medical team, so keep track of your symptoms and expenses:
- Create a symptom diary to note headaches, dizziness, memory problems, mood changes and sleep issues.
- Document any functional limitations like driving restrictions, problems with daily activities or difficulty working.
- Track all your expenses, including medical bills, prescription costs, transportation to appointments and lost wages.
- Save receipts for all out-of-pocket costs related to your injury and recovery.
Insurance companies routinely minimize brain injuries, especially when symptoms don’t appear immediately. Thorough documentation from day one creates a paper trail that’s hard to dispute later.
Contact Florin|Roebig Immediately
Time limits apply to brain injury lawsuits, and evidence disappears quickly. The sooner you contact Florin|Roebig, the better we can protect your rights and build a winning case. We handle everything so you can focus on healing.
Don’t let insurance companies take advantage of your vulnerable state after a brain injury. Contact Florin|Roebig today for a free consultation and let our experienced attorneys fight for the compensation you deserve.
How a Traumatic Brain Injury Lawyer Can Help
Experiencing a TBI can be a life-changing event that requires ongoing adjustments to your day-to-day activities. A qualified brain injury lawyer can help you file a lawsuit to collect compensation for your injury as you deal with ongoing therapy and treatment.
Compensation for Brain Injury Medical Costs
The goal of a brain injury lawsuit is to collect damages, or monetary compensation, to help cover the costs associated with your injury. Brain injuries can require extensive medical care and support over a lifetime, so a TBI is often a very costly injury. TBI cases often result in some of the highest settlements in personal injury law.
Florin|Roebig understands that a TBI includes substantial economic losses and non-economic impacts like chronic pain, emotional trauma and the complete disruption of your normal life. We fight to ensure you receive full compensation for economic and non-economic damages to cover all the impacts your injury has on you now and in the future.
Economic Damages: Quantifiable Financial Losses
Economic damages are the tangible, out-of-pocket expenses and financial losses you can prove with documentation. TBI damages in this category can include:
- Emergency and hospital care
- Ongoing medical treatment
- Home modifications and assistive technology
- Future medical costs
- Lost wages and earning capacity
Non-Economic Damages: The Human Cost
Non-economic damages compensate you for the intangible losses that affect your quality of life. Non-economic brain injury damages can include:
- Physical pain and suffering
- Emotional distress and mental anguish
- Loss of enjoyment of life
- Loss of consortium
Punitive Damages: Punishment for Egregious Conduct
In cases involving particularly reckless or intentional conduct, Florida courts may award punitive damages to punish the defendant and deter similar behavior. Examples include drunk driving accidents, assault cases or situations involving gross negligence.
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Defending Your Rights as a Brain Injury Victim
A TBI attorney defends your rights as a brain injury victim when you’re most vulnerable. Insurance companies know that brain injury victims often struggle with memory loss, confusion and cognitive impairments that make them easy targets for lowball settlement offers.
Florin|Roebig shields you against insurance company tactics:
- Preventing you from making statements that could harm your case
- Ensuring you receive proper medical evaluation and treatment
- Protecting you from surveillance and investigation attempts
- Fighting claims that your injuries aren’t as severe as claimed
If your debilitating injury resulted from someone’s negligence, the accident was preventable. By filing a personal injury lawsuit, you’re asserting your rights as a victim to receive fair compensation while holding negligent parties accountable for their actions.
Conducting an Investigation
Negligence in brain injury cases can be difficult to prove without expert legal investigation. Florin|Roebig coordinates comprehensive investigations to uncover evidence to support your claim. Our investigation may utilize accident reconstruction experts, medical experts, safety specialists, digital evidence recovery and witness interviews.
A TBI case timeline often depends on the complexity of the investigation, but we move quickly to preserve critical evidence before it disappears or gets destroyed.
Negotiating a Settlement
Perhaps the most crucial role of a brain injury lawyer is negotiating a settlement that truly reflects the impact your injuries may have throughout your lifetime. A good lawyer has experience negotiating settlement offers to ensure you receive the highest payout for your claim.
According to the Brain Injury Association of America, damages for mild to moderate TBIs frequently exceed $100,000, but it’s not uncommon for settlements to rise into the millions when a TBI severely impacts a person, causing the need for lifetime care.
Florin|Roebig never accepts insurance company lowball offers. While jury trials are always uncertain, our reputation for thorough case preparation and courtroom success motivates insurance companies to offer fair settlements rather than risk significant jury verdicts.
Statutes of Limitations & Where to File
Time limits for filing brain injury lawsuits vary by state and case type—missing these deadlines can permanently bar your claim. Protect your rights by ensuring you know the TBI statute of limitations and filing deadline for brain injuries in Florida or another state.
Critical Filing Deadlines
Personal injury statutes of limitations typically range from one to six years, with two years common. However, if your injury involves a government entity, you typically only have six months from the time of the incident to file a formal claim. Florin|Roebig tracks all applicable deadlines and ensures your case is filed within the proper jurisdiction and timing to protect your legal rights.
Special Rules for Minors
Special tolling rules may apply when a child suffers a brain injury. Tolling means the statute of limitations is typically paused for minors until they turn 18, giving them until their 20th birthday to file a lawsuit. However, a child’s parents or guardians can file on their behalf, and earlier filing often results in better evidence preservation and stronger cases.
Where to File Your Lawsuit
Determining where to file a lawsuit depends on multiple factors, including:
- Where the accident occurred
- Where the defendant resides or does business
- Court jurisdiction requirements and procedural rules
- Which legally available venue has the most favorable outcomes
Don’t let filing deadlines destroy your brain injury case. Contact Florin|Roebig immediately for a free consultation and let our experienced attorneys protect your rights while you focus on healing and recovery. Time is critical. The sooner we begin working on your case, the stronger we can make it.
Traumatic Brain Injury Lawyers Serving The U.S.
If you or someone you love suffered from a mild or severe traumatic brain injury, then your life may never be the same. Although taking legal action can’t change the outcome of the accident, filing a lawsuit can help you recover damages to better pay for and adjust to life with a TBI.
At Florin|Roebig, our team of experienced personal injury lawyers is well-equipped to take on your traumatic brain injury case. We’ve secured millions of dollars in settlements and jury verdicts and we’ll fight relentlessly for maximum compensation. While we can’t undo the devastating impact of your injury, we can ensure you receive every dollar needed for proper treatment, rehabilitation and support.
Our team of trained personal injury lawyers includes:
- Wil H. Florin, B.C.S.
- Tommy D. Roebig, B.C.S.
- Neil P. O’Brien, M.B.A.
- Shaun M. Cummings
- Luca G. Esposito
- Chad K. Florin, M.B.A., LL.M.
- John J. Hart
- Parker Y. Florin, LL.M.
- Taylor D. Roebig
- Michael A. Ossi, O.C.
- Lawrence J. Najem, O.C.
- Nollys R. Solarte, O.C.
We Are Nationally Awarded Lawyers
Contact Us to File a Traumatic Brain Injury Claim Today
When a traumatic brain injury changes everything about your life, the stakes couldn’t be higher. If you or a loved one is facing a mountain of medical expenses, lost income and potentially a lifetime of challenges, choose personal injury attorneys equipped to handle complex TBI claims.
With Florin|Roebig in your corner, we’ll hold negligent parties responsible for causing your brain injury while you focus on healing. We offer a free case evaluation to discuss the merits of your case, explain your legal options and outline the next steps to secure maximum compensation.
Don’t let the legal process and demands of a lawsuit deter you or allow the insurance company to lowball your settlement. Contact the law offices of Florin|Roebig to request more information on brain injury claims or get started with your free, confidential case review today.