West Palm Beach Brain Injury Attorneys

A brain injury claim is disputed more often than almost any other serious injury claim, and the reason is simple. There is usually nothing to point at. No cast, no crutches, no photograph that shows a jury what changed.

At Frankl Kominsky Injury Lawyers, "Never Settle For Less®," we build these cases on the record instead, and we start building it early. We have recovered more than $250 million for injured clients across Florida, and we are ready to review what happened to you. Call 561-800-8000 for a free consultation, available 24/7.

What Sets Frankl Kominsky Apart in Brain Injury Cases

An insurer evaluating a brain injury claim often looks first at a clean scan and a quick release from the emergency room, and treats the absence of visible damage as the answer to the whole claim. We build a record that follows a client's condition over weeks and months rather than the first 24 hours.

Over $250 million recovered for injured clients statewide
60-plus years of combined litigation experience among our trial team
Over 2,000 verified client reviews and a BBB A+ rating
Recognition from Super Lawyers, the National Trial Lawyers Top 40 Under 40, and the Multi-Million Dollar Advocates Forum
Coverage from CBS, NBC, the Palm Beach Post, the Sun Sentinel, and the Miami Herald
Staff fluent in Spanish and Creole, with a full Spanish-language site

Results may vary. Prior case outcomes do not guarantee similar results.

Our four Florida offices, headquartered in Boynton Beach with additional locations in Pompano Beach, Port St. Lucie, and Palm Bay, support clients throughout Palm Beach County and statewide. Call 561-800-8000 today to have your case reviewed at no cost.

Doctor is diagnosing brain problems using x-ray films

Common Causes of TBI in West Palm Beach

Brain injury claims in this region trace back to a handful of recurring accident types. A brain injury from a car accident in West Palm Beach is the most frequent, particularly on high-speed corridors like I-95 and Florida's Turnpike, where a sudden stop or a side impact leaves an occupant with nothing between them and the interior of the vehicle.

Motorcycle crashes carry outsized risk, since a rider has none of the structural protection a vehicle frame provides. Florida's helmet law under Florida Statute 316.211 allows riders 21 and older to ride without a helmet if they carry at least $10,000 in medical benefits coverage, which becomes a live issue in these claims.

Pedestrian collisions are a third recurring source, since a person on foot absorbs the full force of a vehicle with no protection at all. Slip and fall accidents round out the list, particularly in parking structures, hotels, and commercial buildings where a hard surface and a poorly maintained walkway meet.

Bus accidents and hit-and-run collisions add further exposure for passengers and pedestrians. Construction zones along major corridors contribute as well, since falling debris, unsecured scaffolding, and unmarked hazards can reach pedestrians and passing motorists when a site skips basic safety precautions.

The accident type decides who the defendants are. A crash claim runs against a driver and often an employer, a fall claim runs against a property owner or manager, and a construction-zone claim can reach a general contractor, a subcontractor, and a site owner at once. We identify all of them before valuing anything, because a single policy rarely covers a serious brain injury claim.

Why Do Brain Injury Claims Get Disputed More Than Other Injuries?

Brain injury claims get disputed because the proof is indirect. A fractured leg appears on a single image and settles the question. A brain injury is established through a treating physician's classification, testing performed over time, and the observations of people who knew the person before the accident.

That difference shapes the whole claim. The medical classification a treating doctor assigns is a legal fact in these cases, because it drives the expected recovery timeline and the value of the future care a claim has to cover.

An early, ambiguous diagnosis that never gets updated is one of the most common reasons a serious claim gets valued as a minor one. We work with the treating providers to make sure the record reflects the full course of the condition rather than the first visit.

What Evidence Builds a Brain Injury Claim?

The strongest brain injury claims rest on a record that was built as the case developed, not assembled afterward. Imaging studies, testing results, and a treating physician's own notes over time carry more weight than the initial emergency room report.

Non-medical evidence matters more here than in most claims. Employment records showing a change in performance, statements from family and coworkers who noticed the difference, and a client's own contemporaneous notes fill in what testing alone does not capture.

A gap between the accident and the diagnosis is the opening an insurer uses most often to argue the injury came from something else. Closing that gap early, and documenting the timeline as it happens, is the single most useful thing a client can do for their own case.

Call 561-800-8000 to have your accident reviewed at no cost.

How Do You Prove Fault in a Brain Injury Case?

Proving fault comes down to four elements: duty, breach, causation, and damages. A driver owes a duty to operate safely and a property owner owes a duty to maintain reasonably safe conditions, and a case succeeds when the evidence shows that duty was broken and directly caused the injury.

Causation is where these cases are usually contested. Establishing that the accident caused the condition, rather than a prior event or an unrelated one, is what the medical and non-medical record above is built to do.

We handle the fault investigation on a parallel track, securing crash reports, scene evidence, surveillance footage, and witness accounts while a client focuses on treatment.

What Compensation Can You Recover for a Traumatic Brain Injury?

TBI compensation in Florida typically covers current and future medical care, which in a moderate to severe case can run for years and is often the largest single component of a claim. Lost income and reduced future earning capacity frequently make up the rest, particularly when a person cannot return to the same work.

Pain, emotional distress, and the loss of activities a person once took for granted also factor into a claim's value.

Future care is the part most often underestimated. We work with life care planners and economic consultants to project what decades of care and lost earning capacity actually cost, since an insurer's opening number is usually built on treatment already received rather than treatment still ahead.

Florida follows a modified comparative negligence rule, which reduces a recovery by the injured person's own share of fault. Under Florida Statute 768.81(6), a party found greater than 50 percent at fault may not recover at all, while a party at 50 percent or less recovers an award reduced by that share.

How Insurers Approach Brain Injury Claims

Insurers rely on a handful of recurring arguments in these claims. The most common is pointing to clear imaging as the answer, even though standard imaging does not capture every injury that produces real and lasting effects.

The gap between the accident and a formal diagnosis is the second, with the position taken that an injury documented later must have come from somewhere else. A third involves a close review of pre-accident medical history for any prior complaint that can be used to argue the condition already existed.

None of these arguments require an immediate response without guidance, and an early offer rarely reflects what a brain injury claim is worth once the full course of care is known.

When a Brain Injury Proves Fatal

Some brain injuries prove fatal days, weeks, or months after the original accident rather than at the scene. When that happens, the claim that began as an injury case generally transitions into a wrongful death claim built on the same evidence already gathered.

Under Florida's Wrongful Death Act and Florida Statute 768.20, only the personal representative of the estate may file. The personal representative is the person named in the will, or appointed by a probate court when there is no will, to act for the estate.

Damages under Florida Statute 768.21 can include funeral costs, the loss of the deceased's future earnings, and compensation for surviving family members' loss of companionship and support, on top of medical expenses already incurred.

The deadline also changes. A wrongful death action must be filed within two years of the date of death under Florida Statute 95.11(5)(e), which is a different starting point than the injury claim that preceded it. Families are often surprised that months of treatment before a death do not extend the window.

FAQs: West Palm Beach Brain Injury Lawyer

These questions come up often once a client understands the basics of proving fault and recovering compensation.

How long do I have to file a brain injury lawsuit in Florida?

Florida generally requires a negligence lawsuit to be filed within two years of the date of injury, under Florida Statute 95.11(5)(a). A claim against a government entity requires written notice to the agency first. Evidence in these cases degrades long before the deadline, so the practical timeline is shorter.

What if my symptoms didn't appear until days after the accident?

A delayed onset does not by itself prevent a claim. It does make prompt evaluation and thorough documentation more important, because the interval between the accident and the diagnosis is the first thing an insurer will point to. We build the timeline as part of the investigation.

Can I still recover damages if I was partly at fault for the accident?

Often yes. Under Florida Statute 768.81(6), a party found greater than 50 percent at fault may not recover at all. At 50 percent or less, the claim proceeds and the award is reduced by that share, so the fault percentage is often the central dispute.

Will insurance cover all my future medical care?

Not necessarily. Available policy limits often fall well short of what a moderate to severe brain injury costs over a lifetime, which is why we identify every source of coverage, including employer policies, umbrella policies, and uninsured motorist coverage, before valuing a claim.

Do I need a lawyer if my injury was diagnosed as a mild concussion?

The word "mild" describes an initial classification, not a final outcome, and it is one of the labels most often used to argue a claim is worth less. A review costs nothing, and it is easier to build the record from the start than to reconstruct it later.

Will my case go to trial?

Most brain injury claims settle before trial. We prepare every case as if it will be tried, because a case built for court is also a case built for a serious settlement conversation. If a fair offer does not come, we are ready to try it.

What does a free consultation involve?

We review your accident and your records, answer questions about liability and evidence, and outline the next steps at no cost and with no obligation. Consultations are available 24 hours a day in English, Spanish, or Creole, and nothing is owed unless money is recovered.

Talk to a West Palm Beach Brain Injury Attorney Today

Brain injury cases only get harder to prove as time passes and the record grows more complicated to untangle. At Frankl Kominsky Injury Lawyers, we have recovered more than $250 million for injured clients across Florida, backed by 60-plus years of combined trial experience and thousands of verified client reviews.