Brain Injury Lawyers Serving Boca Raton

If you or a loved one has experienced a brain injury, understanding the process of filing a claim in Florida is crucial. Brain injuries often result in significant long-term effects, including physical, cognitive, and emotional impairments that can lead to lifestyle changes and financial losses.

With an experienced attorney to guide you through the claims process, you can receive the compensation you need to recover from your injury and move forward with your life. This may include payment for medical expenses, lost wages, pain and suffering, and more—all of which can help to offset your losses and provide financial stability moving forward.

So why should you care about brain injuries? Because they can be seriously debilitating, they deserve to be taken seriously by insurance companies. An attorney experienced in brain injury claims can help ensure that you can receive fair compensation for your losses. Don't let this crucial window of opportunity pass you by—seek legal advice today!

What Types of Brain Injuries Are There?

Brain injuries come in all types and forms and usually fall into two categories: traumatic brain injury (TBI) and acquired brain injury (ABI).

Traumatic Brain Injury

A traumatic brain injury (TBI) is usually caused by sudden trauma, such as a car or sports accident, where the head is hit or injured. It can also be caused by an object piercing the head, a lack of oxygen to the brain, or a strong jolt that shakes the head. Symptoms may include dizziness, headaches, confusion, memory loss, impaired mental functioning, and physical disabilities.

Acquired Brain Injury

Events cause an acquired brain injury (ABI) after birth, such as stroke, infections like meningitis, or a tumor. It may also be caused by oxygen deprivation from near-drowning accidents or misuse of drugs and alcohol. As with traumatic brain injuries, acquired brain injuries can result in physical disabilities and impaired mental functioning.

No two people will experience the same symptoms due to their different types of injuries. It's important to understand what type of brain injury you are dealing with to get proper treatment. And while TBIs tend to happen suddenly due to an accident or incident occurring outside of your control — ABIs can be caused through actions of other people or organizations that could potentially be liable for damages in the event of filing a claim.

How Can Brain Injuries Affect My Daily Life?

Brain injuries can affect your daily life in many ways, no matter how serious the injury is. Depending on the severity of the injury, you may experience one or more of the common effects that follow a brain injury. These include:

  • Memory loss: Memory loss is one of the most common symptoms of brain injury, ranging from mild to severe. You'll find it more difficult to remember recent events and new information, and you might also struggle to remember old memories.
  • Changes in mood or behavior: Traumatic brain injuries are linked to changes in mood or behavior. You may become easily frustrated and have sudden outbursts of anger or sadness, or you may experience depression.
  • Loss of focus and concentration: It's also likely that your ability to concentrate will be affected by a traumatic brain injury. You'll find it more difficult to stay focused on tasks for extended periods, which can greatly impact your job performance and ability to perform everyday activities.
  • Physical effects: Depending on the severity of your injury, you might also experience physical symptoms such as seizures, headaches, dizziness, blurred vision, paralysis, or difficulty walking.

These effects can be extremely taxing both mentally and physically — and they're something that you should consider when filing a claim for compensation after suffering a traumatic brain injury in Florida.

What Brain Injury Claims Can I File?

When you're filing a brain injury claim in Florida, you can file a few different types of claims. Depending on the particular circumstances of your case, you may be able to file one or more of the following:


If someone else is responsible for the circumstances that caused your brain injury, you can file a negligence claim. This includes medical malpractice and car accidents, where another party should have acted in a way that would have prevented your injury — but breached their duty and caused harm instead.

Wrongful Death Claims

If your loved one passed away due to someone else's negligence, then their family may be able to make a wrongful death claim on their behalf. Since the individual can't pursue this claim themselves, closest relatives may be able to recover damages related to medical bills and funeral costs stemming from their injury.

Product Liability Claims

If your brain injury occurred due to a faulty product, you may want to consider filing a product liability suit. This type of legal action will hold the manufacturer accountable for any injuries or losses that result from using their product(s).

Depending on your situation and circumstances, these are all viable claims worth exploring for brain injury cases in Florida. Be sure to consult an experienced personal injury attorney before filing any legal action — they can help determine what type of claim best applies to your unique case.

What Elements Are Needed to Prove Negligence With a Brain Injury?

It's important to understand the elements that need to be proven to demonstrate negligence when filing a brain injury claim in Florida. Most personal injury claims require you to establish four basic elements: duty of care, breach of duty, causation, and damages. Here's how it works:

Duty of Care

To have a valid claim, you must prove that the other person had a duty of care towards you—in other words, they are legally obligated to act in a way that would not cause harm or injury.

Breach of Duty

Once you've established the existence of a duty of care, you must show that it was breached. In other words, show that the other party did not act in such a way as to prevent harm or injury—which means they acted negligently.


Once you have established the duty of care and its breach, you must show that the breach was directly related to or caused your injury or illness. This is called causation and is often essential for many personal injury claims.


The final element of your case is damage stemming from the injury or illness suffered as a result of the breach of duty. This can be evidenced through medical bills, records, and statements about any emotional distress from your injuries.

What Are the Benefits of Filing a Lawsuit?

Filing a lawsuit is not an easy decision, but it can be very beneficial for brain injury victims and their families in some cases. One of the primary benefits of filing a lawsuit is the potential to secure monetary compensation for your losses. Filing a lawsuit can also increase public awareness of the dangers of negligent behavior.

When you file a lawsuit, you will be able to:

  • Present evidence from medical records and other sources that prove negligence or recklessness caused your injury and the resulting damages.
  • Receive payment for past and future medical bills, lost wages due to an inability to work, and pain and suffering damages associated with your injury.
  • Obtain compensation for other non-economic damages, including loss of enjoyment, disfigurement, or emotional distress.
  • Hold those responsible accountable for their negligence or wrongful actions by seeking punitive damages.
  • Be represented by an experienced attorney who understands brain injury law in Florida.
  • Advocate on behalf of others who suffer from similar injuries caused by negligence.

Filing a lawsuit can be stressful and time-consuming, but it is often the best way to ensure you receive justice after experiencing an injury caused by someone else's careless or reckless behavior. Remember—with great knowledge comes great responsibility!

What Evidence Will My Lawyer Need to File My Claim?

It's important to remember that it's up to you and your lawyer to build a case that proves a brain injury has occurred and quantify its long-term damages. So, what kind of evidence will you need? Here is a list of what you'll need for your brain injury claim:

Medical Records

Medical records are the most important evidence for proving your brain injury claim in Florida. This includes any medical documents from the time of the accident up through treatment and recovery, such as diagnostic imaging tests, doctors' notes, physical therapy records, hospital documents, and medical bills.

Witness Testimonies

If witnesses were present during the accident or incident leading to your brain injury, having them step forward and provide detailed testimony about what happened can help strengthen your case. While witness testimony offers more circumstantial rather than scientific evidence, it can be key in backing up other evidence in your claim.

Police and Accident Reports

A police or accident report is another valuable piece of evidence proving fault in an incident leading to a brain injury. These reports identify who was at fault and can indicate how severe the incident was.

Photographic Evidence

Photographs from the accident scene are also useful if you decide to file a claim for a brain injury in Florida; they could support other pieces of evidence like medical records and witness testimonies. High-quality photos should be taken with a smartphone or camera if possible; make sure photos include any relevant details, such as damaged property or tire marks on the road, so they can be used to reconstruct what happened at the scene of an accident.

What Will My Brain Injury Compensation Cover?

Brain injury claims in Florida can cover more than just the cost of medical treatment. Depending on the severity of the brain injury, you may be eligible for additional compensation, such as:

  • Lost wages: If your brain injury has caused you to be unable to work, you may be eligible for lost wages and even future lost wages, depending on the outcome of your case.
  • Pain and suffering: Depending on the extent of your brain injury, you may be able to receive compensation for pain and suffering due to your condition.
  • Mental anguish: Similarly, if your brain injury has caused emotional distress, such as anxiety or depression, you may qualify for mental anguish compensation.

These are just a few examples of what you might receive in a successful brain injury case in Florida. Ultimately, it's best to speak with an experienced attorney who can fully assess what compensation could be available to you.

How Long Does it Take to Settle a Brain Injury Claim?

As you probably already know, the timeline of a brain injury claim can vary based on several factors. It all comes down to the severity of your injury, the particular details of your case, and other miscellaneous factors.

However, some things stay the same. Your attorney will need to gather evidence, build a case around your claim, and negotiate with the insurance company, which can take time. Typically, ongoing medical treatment is still needed during this process, meaning you may have to wait until an official diagnosis before filing your claim.

Gather Evidence

Once you've decided to move forward with filing a claim for brain injury, your attorney will have to collect evidence surrounding your accident. This includes obtaining relevant medical records and gathering any additional documentation that could support your account.

Depending on the complexity of your case and how much evidence needs to be gathered, this process could take anywhere from one or two months up to several months or longer for more complex claims.

Negotiations With the Insurance Company

Once all necessary evidence has been gathered and reviewed by both parties involved in the dispute—namely yourself (the plaintiff) and the insurance company (the defendant)—negotiations can begin in earnest. Again depending on the complexity of the claim, it is not uncommon for these negotiations to drag on for weeks or months as both sides work out an acceptable resolution.

Going to Court

Sometimes negotiations can't save a case from ending up in court. However, as mentioned before, it could still take quite some time before litigation begins. The length of time depends on how quickly legal paperwork is prepared and how long it takes witnesses to read.

How Long Does The Investigation Last?

When you have a brain injury, the last thing you want to do is wait for your claim to be approved. Unfortunately, the investigation process can take some time, so it's important that you understand how long that usually lasts and what you need to do during the investigation period.

The timeline can vary greatly and depends on a few factors. The sponsor of the claim –– whether it's an insurance company or another organization –– will have a set amount of time in which they must conduct their investigation. This could be anywhere from a few weeks to several months.

The length of the investigation also depends on how complex your case is and how much evidence needs to be collected. During this time, it's wise to keep detailed records of all medical expenses and other costs associated with your injury. This will help with the process of verifying your claim once the investigation is complete.

Additionally, ensure that you respond promptly to any requests from the sponsors to minimize delays in your claim being approved. As part of this process, it's important for you to remember that if there are any discrepancies in your story or any areas that need further explanation, this could potentially slow down or delay your claim altogether.

How Much Can I Expect To Receive as My Compensation?

When recovering compensation for a brain injury in Florida, the amount you can expect to receive depends on a few factors. Generally speaking, the amount you can expect to receive as compensation will depend on the following:

  • The severity of your injury.
  • The type of injury you suffer.
  • Your medical expenses, both past and future.
  • Your lost wages, both current and potential future lost wages.
  • How the accident impacted your quality of life.
  • Whether you can return to work or not.
  • Any other expenses resulting from your injuries, such as physical therapy or counseling.

In terms of specifics, the jury -or an insurance company- will consider all the above factors when determining the amount of compensation you should receive for your brain injury claim in Florida. That said, you should also keep in mind that state laws put an upper cap on how much you can expect to recover in a personal injury case like yours.

Contact Frankl Kominsky Injury Lawyers, Brain Injury Lawyers Serving Boca Raton

Are you thinking about filing a brain injury claim in Florida? Contact the experienced brain injury lawyers at Frankl Kominsky Injury Lawyers right away. Our team is happy to help guide you through the process and ensure you get the compensation you deserve.

When you contact us, please be sure to have all of your medical documents ready. This way, we can better assess your situation and determine if filing a case is best. As we review your documents, our lawyers can answer any questions you may have and provide advice on how to build your case best.

At Frankl Kominsky Injury Lawyers, we understand how serious brain injuries can be, so our team will go out of its way to protect your legal rights. We are here for our clients every step of the way — from settling and representing them if the case goes to trial — and strive to obtain maximum compensation for all our current and past clients.

So don't wait—reach out to us today at (561) 800-8000 and let us help you ensure justice is served in your case.

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