A traumatic brain injury (TBI) can change your life in a moment. You feel great one minute, and the next, you are in the hospital, missing work, and not knowing when you will be back to normal.
According to the Florida Department of Health, there were 296 fatal TBIs and 4,363 TBI-related emergency department visits in Miami-Dade County in 2024 alone. Even non-fatal TBIs can have long-term consequences, including memory problems, financial issues, and significant changes to daily life.
At Aigen Injury Law, we understand how devastating this can be to the victims and their loved ones. Our Miami personal injury attorneys work hard to get you the medical treatment and financial compensation you need to get on with life. Contact us today to get a free consultation.
What Is a Traumatic Brain Injury?
A traumatic brain injury (TBI) occurs when the brain is injured by an outside force. These injuries may be mild or severe, and their impact may be far-reaching. The problem with TBIs is that not all the symptoms are immediately noticeable, and what seems like a minor problem may turn out to be a serious complication in the future.
Typical symptoms of TBIs include:
- Dizziness and headaches, which can last days or weeks
- Confusion or memory loss
- Sensitivity to light or noise
- Change in mood or behavior, including irritability, anxiety, or depression
- Sleeping issues, such as trouble falling asleep, staying asleep, and feeling fatigued all the time
- In more serious cases, unconsciousness or convulsions may occur
Below are the levels of severity:
- Mild TBI (Concussion): Brief loss of consciousness or confusion with persistent headache, dizziness, and fatigue
- Moderate TBI: Prolonged loss of consciousness, observable mental or physical disability, and potential life-long consequences.
- Severe TBI: Coma, severe brain damage, memory and mobility loss, and emotional control problems.
Common Causes of Traumatic Brain Injuries in Miami
TBIs can happen in different ways. Although each case is unique, some causes are more common than others. Knowing these typical causes can help the victim and their loved ones know how the injury happened and who may be legally responsible.
The most common causes of TBIs are:
- Motor Vehicle Accidents: This involves accidents involving cars, bicycles, trucks, motorcycles, and pedestrians. Low-speed accidents can cause concussions, while high-impact accidents can cause severe TBIs.
- Slip and Fall Accidents: These are the most common cause of head injuries, especially among older adults and young children, due to falling on wet floors, uneven surfaces, or faulty stairs.
- Accidents in the workplace: Building sites, warehouses, and port facilities may be associated with heavy machinery, falls, or falling objects which can result in severe head injuries.
- Sports and Recreational Activities: Contact sports, cycling, and water sports are dangerous activities that may result in concussions and other head injuries, especially when safety equipment is not worn.
- Violent Acts: Assaults, gunshots, and domestic violence are also some of the most common causes of TBIs.
At Aigen Injury Law, we move with speed to investigate the circumstances surrounding the accident, gather evidence, and identify all the parties that could be at fault.
Steps to Take After a Traumatic Brain Injury in Miami
If you or someone you know has sustained a TBI, you need to act fast. These precautions not only safeguard your health but also preserve the evidence you may need in a future claim.
- Call 911. Request for EMS to provide treatment and assistance at the accident scene. If the injury was sustained in a car accident, ask for the police report number before you go.
- Get medical help as soon as possible. Visit the ER immediately, even if the symptoms don’t seem serious. Inform the doctors about how you feel and get checked.
- Record what you saw. Write down or take pictures and videos of vehicles, hazards or unsafe conditions. You can also request the contact information of willing witnesses.
- Request an official accident report. In Miami, crash reports can be ordered online via the Florida Crash Portal or by submitting a new request through the Miami Police Department’s Public Records Center. If your accident was handled by the Miami-Dade Sheriff’s Office, you can request a copy of the crash report using its online portal.
- Speak to a lawyer before insurance representatives. Insurance representatives will downplay brain trauma. Involving a lawyer will help protect your claim, allowing you to focus on recovery.
Legal Rights of Traumatic Brain Injury Survivors in Miami
Florida law provides brain injury victims with significant rights, but there are strict rules and deadlines. Here are some basics that can help protect your claim:
- Statute of Limitations: The statute of limitations for negligence cases in Florida is two years. Failure to meet this deadline would lead to case dismissal, barring the pursuit of compensation.
- Shared Fault Rules: Florida is a modified comparative negligence state. You can still be compensated even when you were partially at fault, but not when you were more than 50% to blame.
- Coverage Following Accidents: Since Florida is a no-fault state, your Personal Injury Protection (PIP) benefits may cover some of your medical bills and lost wages. Prompt treatment is needed to maintain those benefits.
Such rules can be intimidating when you are trying to recover. A Miami TBI lawyer will be in a position to explain how they apply to your case, do the paperwork, and make sure that your rights are not violated.
Medical Care and Rehabilitation for Brain Injuries in Miami
The first thing to do after a brain injury is to seek appropriate medical attention. Early diagnosis and treatment play a crucial role in recovery. Miami has some of the finest hospitals and rehabilitation centers that provide specialized care to TBI patients, some of which are:
- Ryder Trauma Center at Jackson Memorial Hospital: One of the most advanced trauma centers in the country with a specialized neuro-trauma team.
- U Health–University of Miami Health System: Where concussion and brain injury programs are dedicated to assessment, treatment, and follow-up.
- Christine E. Lynn Rehabilitation Center: Inpatient and outpatient brain injury rehabilitation programs in the Health District.
- Baptist Health Miami Neuroscience Institute: Provides neurosurgery, neuroscience, and rehabilitation.
Our clients usually begin their medical journeys at these facilities. Getting medical help quickly not only safeguards your health but also documents the injury, which can help in a future claim.
How Aigen Injury Lawyers Can Help After a Traumatic Brain Injury
At Aigen Injury Law, we understand that a TBI is not only a medical diagnosis but a life-changing event for you and your family. We are more than trial lawyers. We take on the legal burden so you can focus on healing. Our Miami injury lawyers assist with:
- Personalized Representation: We take the time to understand your TBI case, providing you with personalized representation.
- Local Knowledge: We are familiar with the courts, hospitals, and insurance companies in Miami, and this enables us to get cases moving in the right direction.
- Filing the Case: We file the case by gathering evidence with the help of accident reports, expert testimony and other sources to establish liability and damages.
- Maximizing Recovery: We will do everything we can to recover as much as possible, including medical bills, lost wages, and future care expenses.
- Trial-Ready Approach: Although most cases are resolved without trial, we prepare each claim as if it will be presented to a jury in Miami-Dade, which gives you the upper hand in negotiations.
- Support Beyond Legal Work: Our team also links the clients to local medical providers and rehabilitation resources to make sure they receive the care they need.
Compensation Available for Miami Traumatic Brain Injury Cases
A traumatic brain injury can impact all aspects of a person, and the financial burden can be devastating. Depending on your case, the compensation can be:
- Emergency care, inpatient care, surgery, rehabilitation, therapy, prescriptions and diagnostic testing
- Income lost during recovery. In other instances, retraining or workplace accommodations can also be covered.
- In-home support, case management, mobility aids, therapy for vision or balance, and home modifications to make daily life safer.
- Expenses to adapt a home or vehicle with ramps, lifts, or other modifications that enable safe and independent living.
Since brain injuries may have delayed or subtle symptoms, it is worth considering the entire range of physical, emotional, and financial burdens. We work with medical professionals and life-care planners to ensure that no aspect of your recovery is missed.
Why Choose Aigen Injury Law After a TBI?
We handle personal injury cases, which means we have first-hand experience with the issues our clients are going through. We are based in Miami, and we understand the local courts, hospitals where patients get treatment, and the strategies insurers use to reduce the amount of money they pay. We do not treat you as a case file but as a person whose future matters, and we do our best to help you secure it.
Contact Our Miami Traumatic Brain Injury Lawyers
If you or a loved one is suffering the consequences of a TBI, Aigen Injury Law can assist. Our Miami lawyers know what you are going through and will fight to recover the compensation you deserve to cover medical expenses, lost wages, and future care. Reach out now to get a free consultation.