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Traumatic brain injury occurrences continue to rise in Florida each year, physically and cognitively impacting survivors and often resulting in irreparable injuries. If you have been affected by a traumatic brain injury (TBI) or know someone that suffers from the impact of a TBI, let a committed brain injury attorney in Fort Myers help you evaluate the financial impact of the injuries and ensure the support you need for healthcare and compensation for damages.

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Defining traumatic brain injury

A traumatic brain injury results from either a forceful impact on the head or an object penetrating the skull and entering the brain tissue.

TBIs pose a severe risk to individuals in Florida and Lee County. Recent annual statistics show the death rate from TBIs in Lee County is critical, with 267 individuals dying from traumatic brain injuries and the state of Florida reporting 5,406 deaths.

Symptoms can vary widely, producing cognitive, psychological, and physical effects, with some symptoms being immediate while others appear days or weeks after the injury.

Mild TBI

Most individuals suffering from mild TBIs, or concussions, will completely recover within a week to three months after the incident, but your age may determine how fast the recovery occurs. Symptoms that are present with a mild TBI may include:

  • Physical symptoms: Nausea or vomiting, headache, drowsiness, dizziness or trouble with balance, speech issues
  • Behavioral, cognitive, or mental systems: a state of confusion, brief loss of consciousness, trouble concentrating, sleep changes, feelings of depression, mood swings
  • Sensory symptoms: light sensitivity, blurred vision, changes in the ability to taste or smell, ringing ears

Moderate TBI

It can take days for symptoms from a moderate TBI to materialize, making it challenging to equate the symptoms with head trauma. Symptoms of a moderate TBI may include but are not limited to:

  • Persistent or worsening headaches
  • Loss of consciousness for several minutes to several hours
  • Convulsions or seizures
  • Dilated pupils
  • Poor coordination
  • Weakness in extremities such as fingers or toes
  • Frequent nausea or vomiting
  • Agitated state with combativeness or unusual behavior
  • Significant confusion
  • Speech issues

The likelihood of experiencing lasting effects from an injury increases even with a moderate TBI. Long-term adverse effects include:

  • A shortened life expectancy
  • An increased risk of dying from accidental drug poisoning, pneumonia, infections, and seizures

Severe TBI

Severe brain injuries are differentiated from their less-severe counterparts by the span of unconsciousness. Coma, vegetative, or minimally conscious state are terms used to describe disorders of consciousness. The symptoms of a severe TBI are similar to moderate TBIs, but injuries are more pronounced.

Cognitive and physical difficulties are usually ongoing. A Fort Myers traumatic brain injury lawyer will understand the compensation you will need for prolonged care.

Steps to take after suffering a brain injury

The best course of defense and recovery,  both physically and financially, is to work with a skilled brain injury lawyer in Fort Myers. Lytal, Reiter, Smith, Ivey & Fronrath will focus on your financial wellness while you focus on physical healing.

1. Seek immediate medical attention

It is always advised to seek medical attention immediately if you receive a blow to the head or any part of your body that produces changes in behavior. Medical care is a significant first step in documenting your injuries and confirming any subsequent symptoms or damages caused by the incident. Insurance companies and defense attorneys can use a lack of initial medical care to downplay your injuries.

2. Follow the doctor’s advice and take off work if you need

Rest is crucial after a TBI. Sleeping at night is essential to recovery, and you may need to take time off from work to rest and avoid physically demanding or highly focused activities that require attention to detail for safety. Cognitive rest is also essential to healing and activities that involve screen time, heavy reading, and mental focus should be avoided.

3. Find care or support for your dependants’ needs

Your spouse may need to take on your duties while you recover, noting proper rest can facilitate your recovery. Enlist friends and family members, or hire help for home care and maintenance to relieve the stress and prevent the urgency to get back in the game too soon. A Fort Myers brain injury lawyer will help you recuperate the economic damages, such as needing home care assistance while you recover.

4. Consult an attorney

Speaking with a trusted personal injury lawyer in Fort Myers can provide the relief and guidance you and your family need. It is impossible to know how long the effects of a traumatic brain injury will endure. Alleviate your concerns by speaking with an attorney willing to listen to your questions and provide the answers.

Why you should hire a brain injury lawyer in Fort Myers

You need a professional but compassionate team willing to demand fair compensation for your injuries. There is no way to determine with confidence how long it will take to recover from a TBI. Ongoing medical treatment can lead to debt and financial hardship. We have a proven record of working for Fort Myers and Lee County injured victims.

Treatment and rehabilitation options in Fort Myers

You have options for care in Fort Myers after a TBI. A Fort Myers traumatic brain injury attorney can assist with recouping economic damages for medical expenses.

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Make sure you file a claim on time

A “statute of limitations” tells you how long you have to file a claim for injuries. In Florida, the victim is allowed two to four years to file a claim, depending on the cause of the damage, but there are exceptions that may apply. For instance, TBIs resulting from medical procedures must be filed within two years of the discovery of an injury.

Never let too much time pass to reach out for help from a Fort Myers accident lawyer for brain injuries. Once the time to file has exceeded the limitations, your claim will rarely be accepted.

Possible damages you can claim

Your brain injury attorney in Fort Myers will explain the damages you can claim. Your quality of life is priceless, but an attorney’s guidance in establishing a monetary value for your losses is irreplaceable.

Economic damages

The damages that have a defined monetary value are considered economic damages. They come with a “paper trail” of bills, invoices, and receipts, and include expenses like:

  • Existing and future medical bills
  • Damage to property
  • Lost wages
  • Lost earning capacity
  • Costs of transportation for treatment
  • Necessary home services

Non-economic damages

Some damages are more challenging to quantify, but their loss is no less significant than the economic damages you suffer. Here are some of the non-economic damages you may be compensated for:

  • Pain and suffering
  • Emotional and mental anguish
  • Loss of enjoyment of life
  • Loss of consortium
  • Disfigurement or scarring

We obtain maximum compensation so you can move on with your life

A skilled brain injury attorney in Fort Myers should possess a high skill level and focus on maximizing your compensation from a traumatic brain injury. Receiving the medical treatment you need and working toward your health goals comes with a price, and Lytal, Reiter, Smith, Ivey & Fronrath tirelessly work to ensure your needs are met so that life never leaves you behind.

How to find the right lawyer for your needs

Experience is a top priority when you need representation. A conversation with our team about your concerns and how we can help will demonstrate our willingness to serve you. But we recommend you talk with acquaintances for referrals to attorneys they have used and make calls to ensure the best decision because, ultimately, an attorney is working for you.

Common causes of brain injury

A traumatic brain injury can occur suddenly and unexpectedly and can happen anywhere. Not all accidents can be prevented, but you can always seek the help you need to recover.

Motor vehicle accidents

Recent reports found that motor vehicle accidents are the second leading cause of brain injuries, resulting in the largest percentage of TBI deaths. Physical changes in the body from these injuries can cause undetected health issues, leading to TBIs being labeled as a silent epidemic.


Injuries and deaths from TBIs attributable to falls are increasing in frequency for many reasons, but with people living longer and with more chronic illnesses due to improved healthcare, that number may continue to rise. Falls account for the most fatal and non-fatal injuries for Florida residents aged 65 and older. But you do not have to be elderly or sick to suffer a fall.

Violent assault

A violent assault can result in a TBI and is one of the leading causes of brain injuries. Always seek assistance if you have been the victim of a violent assault by working with a victim’s advocate and a Fort Myers brain injury lawyer.

Parties who may be liable for your injury

How and where your accident happened will determine who is responsible for your injuries. The experience of a Fort Myers traumatic brain injury lawyer is key to determining who should be held accountable for your damages. It is critical that you do not make a statement or sign documents that state blame or release someone from their responsibilities for causing your injuries.

Negligent driver

Causing an accident that leads to injuries may result in that driver paying compensation for the personal injuries you sustain. Let a brain injury lawyer in Fort Myers mediate for you with insurance claims adjusters. An adjuster’s role is to decrease payouts while we work to secure your maximum compensation.

Property or business owner

If you experience a traumatic brain injury from a fall due to the negligence of a property or business owner, a brain injury attorney in Fort Myers will work for your compensation under premises liability laws by establishing the negligence of the owner.

Construction company, contractor, or equipment manufacturer

Traumatic brain injuries from unsafe work environments or work sites that cause danger to employees and the public require action. It’s also possible your TBI is the result of a defect in the equipment you use at work.

Any TBI occurring at the job site may result in damages due to negligence by the contractor or an equipment manufacturer, so discuss your injuries with a traumatic brain injury lawyer in Fort Myers today.

Healthcare professional

Healthcare professionals must maintain a reasonable standard of care for their patients. Speak with our team about your legal options if a medical procedure results in your TBI.

Cost of hiring a brain injury lawyer in Fort Myers

Lytal, Reiter, Smith, Ivey & Fronrath works on a contingency fee basis, which means we don’t receive a dime unless and until we win your case.

Why hire Lytal, Reiter, Smith, Ivey & Fronrath

We want you to feel confident in our abilities to represent your TBI claim. Our hard work and dedication distinguish our practice. We are recognized for the following:

  • Over 30 years of experience representing clients against large corporations and producing results
  • Our team has six partners recognized as Super Lawyers and seven distinguished as Best Lawyers in America
  • Our firm has been identified as a Best Law Firm in America
  • Client referrals and referring lawyers produce over 40 percent of our cases

Our Fort Myers brain injury lawyers are here to help

We value the opportunity to work with and represent you if you have suffered a traumatic brain injury. This diagnosis can present many challenges, but you should never feel that finding compassionate representation is one of them. Begin the process to receive compensation by reaching out to Lytal, Reiter, Smith, Ivey & Fronrath today.

Discover your legal options today.

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