Florida Traumatic Brain Injury Attorney
Traumatic Brain Injury
A brain injury changes who a person is. Proving that to a jury, when the CT scan reads normal, is the work this firm is known for.
Traumatic brain injuries can have profound and life-altering effects, on the injured person and on everyone who loves them. The defining feature of a brain injury case is that the most serious consequences are often the least visible: the person looks the same, the scans may read normal, and yet memory, judgment, personality, and the ability to work have changed permanently.
We concentrate on precisely these cases. The firm’s $28.5 million traumatic brain injury verdict is among the 100 largest jury verdicts in the United States for its year, and Attorney Zwibel lectures nationally on the litigation of brain injury claims. That experience shapes how each case is built from the first week: with the right medical development, the right experts, and the evidence that lets a jury understand what was lost.
Florida Rules That Shape The Case
What To Know Now.
- Filing Deadline
- Two years from the injury for negligence claims accruing on or after March 24, 2023 (Fla. Stat. § 95.11). Earlier injuries generally keep the prior four-year period.
- Comparative Fault
- Modified comparative negligence. A plaintiff found more than 50 percent at fault recovers nothing (Fla. Stat. § 768.81).
- The Firm's Record
- A $28.5 million traumatic brain injury verdict, ranked among the 100 largest jury verdicts in the United States for its year.
- Common Causes
- Motor vehicle and trucking crashes, falls on unsafe property, assaults where security was inadequate, and defective products.
Our Approach
How We Build A Brain Injury Case
- 01
Investigation
The mechanism of injury, the first records of altered consciousness, and the earliest accounts from family and coworkers of changes in memory, mood, and function are gathered before memories fade and before the defense frames the injury as minor.
- 02
Medical Development
Mild and moderate brain injuries are often invisible on conventional imaging. Our in-house physician consultant and RN medical review specialist direct the medical workup, including neuropsychological testing and advanced imaging where warranted.
- 03
Expert Witnesses
Neurologists, neuropsychologists, neuroradiologists, vocational experts, and life-care planners. Every expert is retained early and prepared for trial, not just for a report.
- 04
Damages
The lifetime cost of a brain injury includes future care, lost earning capacity, and the loss of the person the client used to be. We document all of it, including through day-in-the-life evidence and the testimony of the people who knew the client before.
Questions
What Clients Ask First.
My scans were normal. Do I still have a brain injury case?
Possibly. Most mild traumatic brain injuries do not appear on CT scans, and many do not appear on standard MRI. The diagnosis rests on the mechanism of injury, documented symptoms, neuropsychological testing, and the accounts of people who knew you before. Defense experts rely on normal scans to argue nothing happened. We build the case so that argument fails.
What is the difference between a mild, moderate, and severe TBI?
The classification is based on the initial presentation, chiefly the Glasgow Coma Scale score, the length of any loss of consciousness, and the length of post-traumatic amnesia. It describes the injury at the outset, not its long-term consequences. A so-called mild TBI can leave permanent deficits in memory, attention, processing speed, and emotional regulation.
What is the case worth?
It depends on the permanent effect of the injury, the cost of future care, the loss of earning capacity, and the facts of liability. Brain injury cases are among the most valuable injury claims because the consequences are lifelong. Any number given before the medical picture is complete is a guess, and we do not guess.
The insurance company says my symptoms are from stress or a pre-existing condition. What do I do?
This is the standard defense. It is answered with medical evidence, testing, and the testimony of family, friends, and coworkers who can describe the change. Do not give a recorded statement to the insurer, and do not stop treating.
How long does a brain injury case take?
Longer than most injury cases, because the full extent of a brain injury often is not known for a year or more after the injury. Settling early, before the deficits are documented, almost always undervalues the claim.
Do you take brain injury cases from other attorneys?
Yes. Referring and co-counseling brain injury cases is a substantial part of the practice. See the referrals page for how the arrangement works.
Case Types
Related Case Types.
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Motor Vehicle Accidents
Catastrophic injury claims arising from car, motorcycle, and rideshare collisions across Florida.
Learn more -
Trucking Accidents
Commercial truck crashes governed by federal safety regulations, where the evidence disappears fast.
Learn more -
Wrongful Death
Representing families after a preventable death, with the rigor a case of this weight demands.
Learn more
Free Case Review
Concerned About A Brain Injury?
These cases are won on early, careful medical development. The review is free and confidential.