Brain Injury Lawyers Serving Palm Beach Gardens

You might be asking yourself why it's important to know about brain injury claims in Florida. After all, brain injuries can be some of the most long-lasting and debilitating injuries a person can have. That's why it is important to understand what it takes to make a successful brain injury claim.

If you have been injured due to another person's negligence, you are entitled to financial compensation for your suffering and losses. This compensation can help reimburse medical bills, lost wages, and pain and suffering.

In the aftermath of a traumatic brain injury, victims often experience several physical, emotional, and cognitive changes that impair their quality of life. Pursuing a successful brain injury claim may help alleviate some of these issues by ensuring the victim receives the maximum compensation possible to cover costs associated with re-establishing quality of life.

Ensuring those responsible for your injury are held accountable helps ensure justice is served and that similar cases do not occur in the future. When the perpetrator is held financially liable, they may think twice before engaging in such negligent behavior again.

What are The Different Types of Brain Injuries?

When filing a brain injury claim in Palm Beach Gardens, Florida, understanding the different types of brain injuries is important. While they may sound similar, brain injuries can range from mild to extremely serious.

The most common type of brain injury is a concussion—an impact to the head that causes your brain to shake inside your skull. Other common and more severe brain injuries include contusions, diffuse axonal injuries, and skull fractures.

Contusions are bruising of the brain tissue caused by an impact on the head. Diffuse axonal injuries involve tearing nerve fibers that connect different brain parts, often resulting in permanent damage or even death. Skull fractures involve a crack forming in your skull, which can cause permanent damage or even death, depending on the severity.

By understanding the different levels of severity associated with different types of brain injuries, you can be better prepared when filing your claim in Florida.

What are The Leading Causes of Brain Injuries?

When it comes to brain injuries, a variety of causes can lead to severe medical consequences. According to the Centers for Disease Control and Prevention, the leading cause of traumatic brain injuries is falling, and they account for 40% of all TBIs. Additionally, motor vehicle accidents cause 20% of all TBIs.

Other possible causes include assaults and other types of violent acts (15%), being hit by an object (17%), or exposure to explosive blasts (1%). It's important to remember that "closed head injuries"—where the victim does not suffer from a wound in the skull—account for 77% of all TBIs in the U.S.

In Florida, in particular, car accidents are a common cause of brain injuries, with dozens of cases each year. If you have been in an accident and suffered from a head injury. As a result, you may be able to file for compensation for your medical bills and other damages. Anything related to your accident can be claimed as part of your injury settlement.

Obtaining Medical Treatment for a Brain Injury

No matter how serious your brain injury is, getting proper medical treatment as soon as possible is always important. This not only helps you to recover more quickly, but it also helps you prove the full extent of your injuries when filing a claim.

When seeking medical treatment for a brain injury, let the doctor know how and when the injury occurred. Some of the common types of treatments used to treat brain injuries include:

  • Imaging tests such as CT scans and MRIs
  • Cognitive behavioral therapies
  • Physical therapy
  • Speech therapy
  • Psychiatric counseling

In addition, the doctor may also prescribe medications to treat pain and other symptoms associated with a brain injury. Be sure to follow all your doctor's instructions regarding treatments to ensure your injury is properly managed.

The Legal Process of Filing a Brain Injury Claim in Florida

Now that you know the basics of filing a brain injury claim in Florida, it's time to learn about the legal process. It's not as difficult as it may seem! To get started, here's what you need to do:

Contact an Attorney

It is highly recommended that you contact an experienced attorney before filing any type of claim in Florida. An experienced attorney can advise and guide you on the best course of action.

Prepare Your Documentation

It is important that you have all the necessary documentation and evidence ready before filing your claim. Ensure to include all medical records, doctor's notes, and other relevant documentation that can help support your case.

File Your Claim

Once you have all your paperwork, it's time to file your claim. You will need to submit a written statement detailing the circumstances surrounding your brain injury and include a copy of all supporting documentation. This should be filed with either the Circuit Court or County Court in your county of residence.

Wait for a Response

Once you have filed your claim, you can only wait for a response from either court. Depending on how busy they are and the complexity of your case, it could take several months or more for them to decide. In the meantime, follow up with your attorney if there are any changes or updates to your case so they can be included in your claim.

How Do I Prove Liability in a Brain Injury Claim?

Proving liability in a brain injury claim is one of the most important steps to getting the compensation you deserve. To prove liability in a brain injury claim in Florida, you must be able to demonstrate four basic elements:

  • Duty: The person or party accused of causing your injury owed you a duty of care, meaning they had a legal obligation to protect you from harm.
  • Breach: The person or party failed to live up to that duty of care
  • Cause: The breach of duty caused your injuries
  • Damages: Your damages are the losses resulting from your injuries, including medical bills and other financial costs like lost wages and pain and suffering

You'll need to provide well-documented evidence that each element exists, so it's important that you keep records like hospital bills and medical records, police reports, witness accounts, photos, and even expert testimony. This information can make all the difference when taking your case to court or negotiating a settlement with an insurance company or business entity.

What Damages Can I Recover After a Brain Injury?

If you've suffered a brain injury due to someone else's negligence, you may be entitled to compensation for medical expenses, lost wages, and other damages. Florida law allows for two types of damages: economic and non-economic.

Economic or Special Damages

Economic or special damages have a quantifiable dollar amount attached to them—in other words, it's what you can show with receipts or documents that prove the amount of the expense. This includes:

  • Medical bills
  • Lost wages (past and future)
  • Rehabilitation costs
  • Cost of in-home care services
  • Funeral expenses (in case of wrongful death)
Non-Economic Damages

Non-economic damages are losses that don't have an exact dollar amount associated with them and are subjective. This includes compensation for pain and suffering; mental anguish; loss of enjoyment in life; loss of companionship (in case of wrongful death); and permanent disability or disfigurement. In Florida, there is no limit on the award for non-economic damages as long as it is proportional to the plaintiff's losses.

What Are the Common Challenges I Will Encounter When Filing a Florida Brain Injury Claim

Filing a brain injury claim in Florida can be complicated, so it's important to be aware of the challenges you may face along the way.

Identifying Appropriate Parties

The first challenge you may need to tackle is identifying an appropriate defendant in your case. Since brain injuries can occur due to a variety of causes and situations, many potential parties could be responsible for your accident. Therefore, it's important to seek experienced legal counsel to help you determine who should be named as a defendant in your Florida brain injury claim.

Gathering Evidence

In addition to determining an appropriate party for your case, you must gather evidence to support your claim and demonstrate negligence. Depending on the circumstances, this could include taking photographs at the accident scene, collecting contact information from witnesses, or obtaining medical records from healthcare providers who treated your injury. It's important to ensure all facts are documented, as this evidence is essential for proving liability and negligence in court.

Calculating Damages

Calculating damages is the last challenge you may encounter when filing a Florida brain injury claim. It's important to accurately assess how much compensation you are owed in medical expenses, lost wages, and pain and suffering. An experienced attorney can help determine an appropriate amount based on current laws and your situation.

Will My Case Be Considered a Criminal Case?

The good news is that brain injury cases are not criminal cases. Instead, you are pursuing a civil claim for financial compensation for the losses associated with your brain injury. It does not matter who caused your injury; if you can prove that someone else was at fault, you have a legitimate case.

The person at fault could be another person or an organization—for instance, if you were injured in a car accident due to someone else's negligence or if you slipped on a wet floor at a store due to the store's failure to adequately maintain the property. Whoever is found to be responsible must pay for your damages.

What are The Chances of My Success or Failure After Filing a Claim?

You're probably wondering what the chances are that your brain injury claim will succeed, as it's an important decision. It's hard to say definitively, as every case is different, and there are many factors that come into play.

That said, you can do a few things to increase your odds of success. For starters, you should choose the right attorney – someone with experience in these types of cases who understands the unique nuances of the law in Florida. That way, you can be sure your case is in good hands and you have a good chance of getting the justice and compensation you deserve.

You should also consider gathering any medical records or evidence related to your case and contacting witnesses who saw what happened or can provide firsthand accounts of how the injury occurred. It's also important, to be honest about what happened and any medical information related to the injury, which can help build a stronger case for your claim.

Finally, don't forget to bring all relevant documents to court (or when meeting with an attorney). This includes hospital bills, medical records, police reports, etc., which will help support your claim and increase your chances of success.

Is My Claim Still Valid If I Don't Hire a Lawyer?

You can still file a claim without a lawyer, but it's important to remember that the legal system can be complex. Many people feel intimidated by the thought of filing a claim, and if you don't understand the ins and outs of filing a claim in Florida, your case could be seriously weakened.

That said, lawyer or no lawyer, there are still certain things you must do to make sure your brain injury claim is valid:

  • Talk to your doctor to ensure your injuries meet Florida law requirements.
  • Gather documentation proving you have been injured due to someone else's negligence.
  • Determine how much compensation to seek for medical bills, lost wages, and other damages related to your injury.
  • Submit all necessary paperwork and documentation to the court within the required timeframe.
  • Take part in mediation or negotiation sessions with insurance companies if necessary.

These steps may seem straightforward, but they can get complicated quickly when working with insurance companies and other parties involved in personal injury cases. It's important to remember that if you don't present the strongest case possible or miss key elements of the claims process, your brain injury claim could be dismissed or drastically reduced in value.

What Type of Lawyer Should I Consider When Filing a Brain Injury Claim?

When considering filing a brain injury claim in Florida, choosing the right lawyer to represent you is important. There are a few different types of lawyers you may find useful when filing a claim, including:

Personal Injury Attorney

A personal injury attorney is the most common type of lawyer when filing a brain injury claim. These lawyers have experience in cases that involve an individual's injury caused by someone else's negligence. The attorney will assess if the other party was directly responsible for your injury and can help file a lawsuit if you decide to do so.

Medical Malpractice Attorney

This type of attorney practices cases of medical malpractice, where a medical professional acted negligently or through an act of omission that led to an unwanted result — such as a brain injury. They will be able to evaluate the details of your case and offer guidance on how to proceed.

Social Security Disability Attorney

In some cases, it may be possible for victims of brain injuries to qualify for Social Security Disability (SSD) benefits — especially if the victim can no longer work due to their injury. An SSD lawyer can help you apply for benefits, appeal denied claims, and make sure you understand the legal process that comes with SSD benefits.

Tips for Finding the Right Brain Injury Attorney Serving in Palm Beach Gardens

You're looking for an attorney who has experience in brain injury claims. You want someone who is experienced, knowledgeable, and who listens to your needs. Here are some tips for finding the right legal representation for your case:


Research online and look for attorneys specializing in brain injury claims. Google "brain injury attorney" along with the name of your city or county to find local attorneys with experience with these types of cases. You can also read reviews and talk to friends or family members who might have experience with a particular attorney.

Make a List

Make a short list of potential attorneys who seem to be a good fit. Narrow it down to three or four law firms you would like to contact, then schedule consultations with all of them. These consultations allow you to meet the lawyer face-to-face and discuss your case's specifics before deciding who will take it on.

Consider Your Budget

Brain injury claims can be expensive, so ensure you know of any potential costs associated with hiring an attorney. Ask each potential law firm about its fees and other associated costs before deciding on which one to hire.

Finding the right attorney for your brain injury claim is important — do your due diligence and take the time to research different firms, and make sure you're comfortable with their fees before committing to anyone.

Contact Frankl Kominsky Injury Lawyers, Brain Injury Lawyers Serving Palm Beach Gardens

Are you looking for legal help with a brain injury claim in Florida? You've come to the right place. Frankl Kominsky Injury Lawyers provides the representation and guidance you need when filing a claim or lawsuit against an individual or organization responsible for your injury. When you choose us to represent you, you can rest assured that we will fight for your rights, protect your interests, and ensure justice is served.

We understand that navigating the legal system can be confusing, which is why we are here to assist you every step of the way. Our experienced brain injury lawyers are dedicated to helping individuals and families obtain positive outcomes from their cases. Contact us today at (561) 800-8000.

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