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There are many different kinds of injuries that can result from an accident, but none have a more devastating impact than a traumatic brain injury (TBI). A TBI can make it nearly impossible to do many everyday tasks such as putting on clothes, taking a shower, making a meal, and many more.

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At the law firm of Lytal, Reiter, Smith, lvey & Fronrath, we have a team of skilled lawyers who will fight for your rights if you or someone you love have suffered a TBI when they were injured by someone’s negligence.

Each of our brain injury attorneys is highly experienced and committed to helping you obtain the full compensation you deserve. Schedule a free case review by contacting us online or calling (561) 655-1990.

What is traumatic brain injury (TBI)?

A TBI is an injury to the brain caused by an external force, such as a blow to the head or a penetrating head injury. TBIs can range from mild (sometimes referred to as a concussion) to severe.

These injuries can result in a wide range of symptoms including headaches, confusion, memory loss, and changes in mood or behavior. In severe cases, a TBI can lead to permanent neurological damage and disability.

What to do after suffering a traumatic brain injury

If you’ve suffered a TBI, it’s important that you seek medical attention as soon as possible. Here are some steps to keep in mind if you or someone else have sustained a head injury:

1. Call 911 or go to the nearest emergency room

A TBI can be life-threatening, and sometimes the initial harm is irreversible. It’s important to get professional medical care right away.

2. Get a thorough evaluation

A healthcare professional will perform a physical examination and may order imaging tests, such as a CT scan or MRI, to determine the extent of the injury.

3. Monitor symptoms

People who have suffered a TBI may experience a range of symptoms, such as headache, nausea, vomiting, confusion, memory loss, loss of consciousness, seizures, and changes in mood or behavior. These symptoms should be reported to the healthcare professional.

4. Follow the doctor’s instructions

The doctor will provide instructions for care and treatment which should be followed closely. If symptoms worsen, even if you’re following their directions, return to the doctor or go to the nearest emergency room right away.

5. Keep records

Keep records of the medical treatments, expenses, and any other records related to the injury. This information may be useful if you decide to file a lawsuit.

Causes and symptoms of a traumatic brain injury 

These injuries range in severity, from mild (brief or no loss of consciousness) to severe (amnesia or extended loss of consciousness). But when adrenaline and shock mask any initial symptoms of an injury, some symptoms might not appear for days or even weeks.

When they do appear, symptoms are often devastating as a TBI can affect memory, language and communication skills, emotions, sight, balance, and more.

When to file a claim

If you or a loved one has suffered a traumatic brain injury and believe that another party may be responsible, you should consult with a Florida personal injury lawyer right away.

In Florida, there’s a two-year statute of limitations in personal injury claims. This means that you must file your lawsuit within two years of the accident or injury. If you fail to file within this deadline, you could be prevented from seeking any compensation.

Although two years seems like a long time, it’s best to file a claim as soon as possible after the accident because evidence might be lost or be more difficult to obtain over time.

It’s also important to note that the recovery process for TBI can be long and may require ongoing care and support. You need to have a clear understanding of the long-term prognosis and treatment plan in order to demand an appropriate amount of damage.

Potential damages you can claim

“Damages” is a legal term that refers to the monetary compensation that’s sought or awarded in a civil lawsuit. Damages are intended to compensate the plaintiff (the injured party) for harm or losses they suffered due to the negligent party’s (the defendant) actions or inactions. 

Here’s a quick look at economic and non-economic damages, the two main types of damages that are recovered in a TBI personal injury lawsuit.


Economic damages are intended to compensate the plaintiff for actual financial losses and expenses they’ve incurred or are expected to incur due to the accident such as medical expenses and lost wages. Bills and other financial records can prove these damages.

Medical expenses

Your medical expenses can include the cost of hospitalization, surgery, medication, rehabilitation, and more depending on your injuries and the facts of your case.

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Lost wages 

If the injury prevents you from working, you can seek compensation for the income and benefits you would’ve earned if you hadn’t been injured. This includes any time you missed work immediately following the accident or in the future if your injuries prevent you from returning to work in the same capacity or if they prevent you from working in any capacity.


Non-economic damages, also sometimes called general damages, are a type of compensation sought or awarded in a civil lawsuit to compensate for harms or losses that aren’t as easily quantifiable. They’re not tangible like economic damages, so they’re harder to calculate and prove.

Emotional and psychological distress

Emotional distress can encompass a wide range of symptoms including anxiety, depression, fear, embarrassment, and other negative emotions. Psychological distress can manifest in various ways such as sleep disturbances, nightmares, loss of appetite, difficulty concentrating, and other behavioral or cognitive changes.

In personal injury cases, such as those involving a traumatic brain injury (TBI), emotional and psychological distress can be caused by the physical and cognitive effects of the injury, as well as the impact of the injury on your ability to work, care for yourself, and maintain relationships with loved ones.

Diminished quality of life

A TBI can lead to a significant reduction in your quality of life. You may be unable to engage in activities you once enjoyed, have difficulty performing daily tasks, and experience a range of emotional and psychological symptoms, such as depression and anxiety. Florida state law recognizes these as losses for which you can recover compensation.

How to deal with insurance after a traumatic brain injury

Don’t speak with an insurance company adjuster without first consulting with a Florida brain injury lawyer who has an extensive amount of experience in TBI cases. 

The adjuster’s main goal is to close the case as soon as possible and for the lowest possible amount. 

A TBI can affect your ability to communicate effectively, which can make it difficult to negotiate with an insurance adjuster. An attorney can help you communicate your needs and concerns and navigate the insurance process on your behalf. If you’re contacted by an insurer, provide them with your attorney’s contact information and inform them that you’ll only be answering questions through your attorney.

Cost of hiring a Florida traumatic brain injury lawyer

At Lytal, Reiter, Smith, lvey & Fronrath, we work on a contingency basis. That means won’t pay a dime unless and until we win your case. We’ll pay for everything as it relates to the services we offer, then if we’re successful in helping you obtain compensation, we’ll receive a percentage of what you’re awarded. 

Resources for brain injury survivors in Florida

Florida has several resources available for survivors of TBIs and their families. Here are a few organizations that may be able to provide support and assistance:

Support groups

The Florida chapter of the Brain Injury Association of America (BIAA) provides education and support for individuals living with TBI and their families. BIAA also provides information on community resources and offers support groups and a helpline.

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Civil Rights protection and advocacy

The following groups offer several different protection and advocacy services to TBI survivors. Many of these organizations provide technology that can help survivors live the highest quality of life possible.

Independent living centers

Independent living centers (ILCs) are organizations that provide services and support to individuals with disabilities, including those caused by TBI, to help them live independently in their communities. They are typically non-residential and focus on empowering individuals with disabilities to make their own choices and control their own lives through rehabilitation services, vocational training, and more.

Parent Support Network

Parent Support Network Florida is a parent-led organization that provides support and resources to families of children with disabilities. This can be a valuable resource for families to connect with others who have similar experiences and to share information and support.

We’ve compiled a list of several other organizations that offer support groups for those who have suffered traumatic injuries. You can access that information here

How our Florida brain injury lawyers can help

A Florida personal injury lawyer with Lytal, Reiter, Smith, lvey & Fronrath has the skill and experience it takes to help you obtain the compensation you deserve for the horrible injury you’ve suffered. Put our extensive knowledge, resources, and passion to work for you.

Please call (561) 655-1990 or contact us online for a free consultation.

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