Brain injuries upend lives in a heartbeat, and the legal and medical aftermath can feel even more overwhelming than the injury itself. If you or a loved one sustained a traumatic brain injury (TBI) in Miami, an experienced Miami brain injury lawyer can be the difference between a life-changing settlement and years of financial strain. This guide explains the medical realities of TBIs, Florida’s legal landscape, and the exact steps our firm takes to secure maximum compensation.
Understanding Traumatic Brain Injuries
What Is a Traumatic Brain Injury?
A traumatic brain injury occurs when an external force—such as a collision, fall, or violent blow—disrupts normal brain function. According to the Centers for Disease Control and Prevention (CDC), more than 214,000 people were hospitalized for TBIs in 2020 and nearly 70,000 died in 2021 in the United States.
Common Causes in Miami
- Motor-vehicle crashes (car, motorcycle, rideshare, and commercial trucks)
- Falls from construction scaffolds, slippery retail floors, or inadequate lighting
- Violent incidents including assaults and gun violence
- Sports and recreation—particularly high-impact youth sports
- Workplace accidents in construction, maritime, or industrial settings
Symptoms: Immediate and Delayed
TBIs vary from mild concussions to catastrophic injuries that permanently alter cognition. Watch for:
| Immediate Signs | Delayed Signs (Hours–Days) |
| Loss of consciousness | Mood swings or irritability |
| Dizziness / balance issues | Trouble concentrating |
| Nausea or vomiting | Sleep disturbances |
| Slurred speech | Memory loss |
| Severe headache | Vision or hearing changes |
Even “mild” TBIs can have long-term effects—50 % of adults with mild TBI never fully recover to pre-injury health after six months.
Why You Need a Miami Brain Injury Lawyer
The High Cost of Traumatic Brain Injuries
Lifetime care for a severe brain injury can exceed $3 million when factoring in rehabilitative therapy, lost earnings, assistive technology, and long-term care facilities. Insurers know these stakes and often push quick, lowball offers before the full impact is known.
Complexities a Lawyer Handles
- Proving Liability & Causation
Accident reconstruction experts, surveillance footage, and medical experts show how the defendant’s negligence directly caused your TBI. - Calculating Future Damages
Economists project lost future earnings, while life-care planners estimate decades of medical costs. - Navigating Multiple Defendants
Trucking crashes, construction falls, or defective products may involve several liable parties. - Meeting Procedural Deadlines
Florida’s statute of limitations and notice requirements can bar claims if missed.
Florida Brain Injury Laws You Should Know
Statute of Limitations
Florida generally provides two years from the date of injury to file a negligence lawsuit (shortened from four years by the 2023 tort-reform bill). Claims against state or municipal entities require a pre-suit notice under Fla. Stat. § 768.28.
Damage Caps & Comparative Negligence
- No cap on economic or non-economic damages in standard negligence cases.
- Medical malpractice claims limit non-economic damages under Fla. Stat. § 766.118.
- Florida now follows modified comparative negligence (51 % rule)—recoveries are barred if you are more than 50 % at fault.
Sovereign Immunity Limits
Suits against the State of Florida or municipal agencies cap damages at $200,000 per person / $300,000 per incident unless a claims bill is passed.
Steps to Take After a Brain Injury Accident
- Seek Immediate Medical Attention Some TBIs bleed slowly; a CT scan can uncover life-threatening hematomas.
- Document Everything Preserve the vehicle, scene photos, safety reports, and witness statements.
- Follow All Treatment Plans Gaps in therapy can give insurers ammunition to argue you’re “fully healed.”
- Keep a Symptom Diary Record headaches, fatigue, mood changes, and cognitive struggles—evidence of ongoing harm.
- Contact a Miami Brain Injury Lawyer Early Early legal counsel protects evidence, handles insurer calls, and ensures timely filings.
How Our Firm Builds a Strong Brain Injury Claim
1. Comprehensive Medical Documentation
We collaborate with neurologists, neuropsychologists, and rehabilitation specialists to capture diagnostic imaging, Glasgow Coma Scale scores, neurocognitive test results, and prognosis notes.
2. Cutting-Edge Demonstrative Evidence
Day-in-the-life videos, 3D brain scans, and anatomical illustrations translate invisible injuries into vivid courtroom exhibits.
3. Future-Cost Analysis
- Life-care plan estimating home modifications, mobility aids, therapies, and vocational re-training.
- Forensic economists calculate inflation-adjusted wage loss and fringe benefits over a lifetime.
4. Aggressive Settlement Negotiation
Our attorneys use hard data—CDC statistics on long-term disability and NIH studies on lifetime sequelae—to justify full-value demands.
5. Trial-Ready Strategy
If insurers stall, we move swiftly to litigation. Our record-setting verdicts compel carriers to pay fair value.
Frequently Asked Questions
How do I know if my concussion is “serious enough” to hire a lawyer?
Even a so-called mild TBI can cause lasting cognitive or emotional issues. If you missed work, needed imaging, or still have symptoms after two weeks, talk with a brain injury lawyer.
What compensation can I recover?
Damages may include past and future medical bills, lost wages, diminished earning capacity, pain and suffering, loss of enjoyment of life, and—where gross negligence applies—punitive damages.
How long will my brain injury case take?
Most cases resolve within 12–24 months. Catastrophic injuries with complex future-care needs can take longer to value properly.
Will I have to go to court?
Over 90 % of our TBI cases settle pre-trial. We prepare every claim for trial so the defense knows we’re ready to win before a jury if needed.
What does it cost to hire your firm?
We work on a contingency fee—you pay nothing up front, and we only get paid if we secure compensation for you.
Why Choose Cornish Hernandez Gonzalez?
Experience with Catastrophic Injuries
We’ve handled hundreds of serious injury cases in Miami. We understand the unique challenges of catastrophic injuries.
Medical Knowledge
Our team includes professionals with medical backgrounds. We understand catastrophic injuries and treatment options.
Resources for Complex Cases
Catastrophic Injury cases require significant resources. We have:
- Relationships with top medical experts
- Financial resources for lengthy litigation
- Technology for case presentation
- Support staff for detailed case management
Proven Results
We’ve recovered millions for Miami catastrophic injury victims. Our track record speaks for itself.
Personal Attention
We limit our caseload to provide personal attention. You’ll work directly with experienced attorneys, not junior staff.
Spanish-Speaking Team
Miami’s diverse community deserves legal representation in their preferred language. Hablamos español.
Don’t Wait – Your Future Depends on Action
Catastrophic Injuries change everything. The medical bills pile up quickly. The pain never seems to end. Simple tasks become impossible. Your family suffers watching you struggle.
But you don’t have to face this alone. Legal help is available, and time is running out.
Florida law gives you a limited time to file a claim. Evidence disappears. Witnesses forget. Insurance companies use delays against you.
The sooner you call, the stronger your case becomes.
Contact Cornish Hernandez Gonzalez Today
If you or someone you love suffered catastrophic injuries in Miami, we’re here to help. Our experienced burn injury lawyers will fight for the compensation you deserve.
Your consultation is completely free. We don’t get paid unless we win your case.
We Serve All of Miami-Dade County:
- Downtown Miami
- Coral Gables
- Aventura
- Kendall
- Homestead
- Hialeah
- Doral
- Pinecrest
Don’t let insurance companies take advantage of you during this difficult time. Call Cornish Hernandez Gonzalez today. Your recovery starts with a phone call.
Hablamos español.
Remember: You have limited time to protect your rights. Don’t wait – call today.
Call (305) 745-7035 now for a free, no-obligation consultation.
