Brain Injury Lawyer in Miami
Brain Injury Lawyer in Miami
June 16, 2020 admin

Brain Injury Lawyer in Miami

Brain Injury Cases Explained by Our Miami Brain Injury Lawyer

According to the CDC [1], each year traumatic brain injuries account for 2.87 million emergency room visits. Unfortunately, traumatic brain injuries (TBI) can be the most catastrophic and severe types of personal injuries, causing hospitalization and sometimes becoming fatal. Many TBIs are caused by accidents that are often preventable at the hands of others, and our Miami brain injury lawyer knows this. We have a deep understanding of these types of accidents, such as auto accidents and unintentional falls which are the highest reported causes of TBIs [2]. In fact, a TBI could be caused by any type of personal injury accident, not just auto accidents and falls, but also medical malpractice, construction site accidents, birth injuries, nursing home abuse, or other unnecessary or preventable harms. 

Here at Schlacter Law, our lawyer understands the impact of a head injury on the lives of our clients. The CDC describes TBIs as a lifelong condition that has a significant effect on the injured party and their loved ones [3]. If you and/or a loved one were seriously injured in a Florida accident and suffered any type of head injury or TBI caused by the reckless or careless acts of another, our Miami brain injury lawyer at Schlacter Law will work to protect your rights to compensation. Even mild brain damage could greatly alter the life of an individual, including the inability to hold a job or live independently, all of which are disruptions that are caused by permanent disabilities.

What are the Types of Brain Injuries?

If you or a loved one has suffered one of these severe, debilitating head injuries, you may already know that they can have a permanent effect on your life. A brain injury lawyer makes it a priority to understand the different types of TBI in order to best take on your specific case and share information with you. 

According to the CDC, a TBI “is caused by a bump, blow, or jolt to the head that disrupts the normal function of the brain” [2]. There are two main types of these damages: 

  • Open head injuries indicate that the skull has been fractured and the brain had a direct impact or was pierced by other forces
    Closed head injuries do not involve a fractured skull or pierced wound, however, the brain has still suffered a serious injury

There are many different types of TBIs that could be caused by careless, reckless, or downright negligence acts of another. The different types of TBIs that could be caused by preventable errors include the following:

  • Diffuse axonal TBI – Caused by a violent jolt or shake to the head, this type of brain injury affects the way the brain sends messages. Often caused by collisions such as high-speed automotive accidents, this type of TBI can seriously change the ability of a person to live their typical, independent lifestyle. Always ask our Miami head injury lawyer for help with this type of case
  • Coup Contrecoup TBI – A powerful force directed from one side of the head or body that then causes the whiplash motion. The whiplash motion forces the brain to smash into one side of the skull and then the opposite. This back and forth motion causes several impacts, intracranial pressure, and uncontrolled swelling, which could potentially cause extremely serious damages. Failing to treat this type of TBI could result in a wrongful death.  Consult with a lawyer for these types of TBIs
  • Concussion – While concussions may be common or seem minor, ask our Miami lawyer for help because the preventable accidents that can cause concussions could have permanent effects.  Even a concussion which appears to resolve could return in several months or even a year with post-concussive syndrome.  Additionally, second or third concussions thereafter could be disabling and even catastrophic.  Get help with any concussion case from our lawyer because most insurance companies know how difficult a concussion case can be and will try to settle it for way less than you may be entitled to
  • Penetrating TBI – Debris from trucking wrecks or automobile accidents can pierce the skull and reach the brain, causing this type of open head injury and resulting in serious damage. Always ask for a Miami lawyer when a victim suffers a penetrating TBI
  • Contusion – A bruise on the brain may not seem serious, but this type of TBI could cause swelling, which could become catastrophic
  • Brain Bleeds – Like contusions, brain bleeds cause significant amounts of swelling and intracranial pressure. Fatalities are a large fear associated with brain bleeds, but other damages may occur in survivors who have had a lack of oxygenated blood to major tissue areas

What Causes TBIs and Should I Get a Lawyer?

There are many types of unfortunate accidents that a person may have experienced in Florida that could cause these a TBI. Even minor accidents could have long-term effects on the brain that can change the quality of life for an individual. For these reasons, contact our Miami TBI lawyer if any of these following types of accidents or negligence have caused head injuries or TBI and have forced you to seek out medical help or, worse, have negatively impacted your life:

  • Slip and Falls or Trip and Falls –  Unintentional falls may not make a person think of life-altering injuries, but falling from any height can cause significant to catastrophic damage to the head and is one of the leading causes of TBI. A slip and fall indicates that a substance on the floor resulted in the involuntary fall due to the person’s loss of balance. A trip and fall is caused by a defect in the ground’s surface that caused a person to trip. These premises liability cases are not the fault of the injured party and a Miami lawyer should be consulted
  • Motor Vehicle Accidents – Following falls, vehicle accidents are the next most likely cause of TBI. Even if the full extent of your injuries still has not come to light, motor vehicle collisions should be reviewed by a lawyer. Due to the high speed involved in many auto accidents, catastrophic injuries could occur. Unfortunately, many of these accidents are due to careless, reckless driving and should have not transpired. Examples of these types of accidents that have occurred in Florida include distracted driving, drunk or drugged driving, failure to stop at a stop sign or red light, improper lane changes, failure to yield, speeding, crossing a centerline, and many other common causes
  • Medical Malpractice – Medical errors are an unfortunate circumstance that should not occur, yet too many healthcare professionals cause preventable harm. All medical errors should be reviewed by a lawyer, such as our Miami head injury lawyer. Some of these medical mistakes that can cause brain injuries include anesthesia errors, surgical errors, birth injuries, medication overdoses, painkiller overdoses, PCA pain pump malfunctions, dropping patients during transfers, dropping equipment on patients, failing to guard a fall-risk patient, and improper intubation. The fact is that there are many medical malpractice examples that could cause TBIs and they all deserve the attention of an experienced head injury law firm and lawyer

Fight Back with Schlacter Law to Protect Your Rights

Brain injuries or any other type of head injury are very serious personal injuries. Though these injuries can be catastrophic, the tricky thing about brain injury cases is that your symptoms may not become obvious or prevalent immediately following the accident. In fact, some severe brain injury cases may not even show up on imaging studies like MRIs. Insurance companies know this and will try to aggressively settle your case before your brain injuries can fully develop.

Beat this aggressive tactic and get a Miami lawyer first before these insurance companies try to blame you for your injury. Do not let them take advantage of you. Reach out to a brain injury lawyer here in Miami, such as ours at Schlacter Law and see what you may deserve from the insurance company. A FREE consultation is available by calling our TBI law firm at (305) 999-1111. Call now and learn more about how our head injury lawyer can start to help you today.

How We Handle Cases

  1. Investigation
    • Your attorney will aggressively investigate your case. Schlacter Law will compile all necessary evidence needed to maximize the value of your case. Which includes but is not limited to photographs, police reports, security camera footage, witness statements, medical bills and medical records.
    • You will remain in constant contact with Schlacter Law about the progression of your case.
  2. Negotiation
    • Your attorney will present your case to the insurance company and will attempt to resolve your case before the case goes to court for maximum compensation.
    • Your attorney will make every effort possible to resolve the case as quickly as possible for the most amount of money you may be entitled to. You will be actively involved in the negotiation process with your attorney. Schlacter Law understands that this is your one opportunity to get justice for your loss.
  3. Litigation
    • If settlement negotiations are unsuccessful, Schlacter Law will be fully prepared to bring your case to court to fight for the justice you deserve.
    • At no cost to you, Schlacter Law will hire any experts and professionals needed to maximize your recovery and present your case in the strongest form possible.


Frequently Asked Questions

My doctor diagnosed me with a “mild” brain injury, do I still have a case?

Absolutely! There is no such thing as a “mild” brain injury. All brain injuries are very serious injuries that could result in permanent damage. Sometimes the disability is not immediately apparent. However, over many months or years, the disability may become more prolific. Even if an individual makes an allegedly “full” recovery, individuals who recovered from a TBI may be susceptible to worse injuries after later head injuries. This is common with concussions where the first concussion may not have caused a catastrophic injury, but a second concussion could result in catastrophic injury or even the wrongful death. Never accept a doctor’s claim that your traumatic injury was “mild”—always have a Miami lawyer check on your case.

How long do I have to file a brain injury claim?

It depends on how the injury was caused. Generally, four years for motor vehicle accidents, slip and falls/trip and falls and most construction site accidents. Two years for medical malpractice for head injury claims. There may be some extensions to these rules, but there may also be some instances where these timeframes are shorter. This includes commencing an action against a state agency or municipality. Whenever you or a loved one have suffered a TBI, the best step is to always immediately contact a Miami head lawyer like ours at Schlacter Law. Your lawyer will help guide you through this process and file your claim within the prescribed time limits under the law.

How much does a TBI lawyer cost?

TBIs are catastrophic injuries. At Schlacter Law, we know that it is not fair for victims to suffer these catastrophic injuries and then be forced to pay a lawyer upfront to protect a victim’s rights. This is why our compassionate law firm accepts cases on a contingency fee basis. This means that victims only pay our lawyer a percentage of the total recovery after the recovery has been made.