A traumatic brain injury (TBI) is an invisible wound. Insurance companies often dismiss their symptoms, such as memory loss, personality changes, and chronic headaches, because they are not visible on an X-ray.
They will try to deny what they cannot see. You need a Pompano Beach traumatic brain injury lawyer who knows how to make the unseen seen.
Miller and Jacobs, Accident Attorneys, fight for victims of these devastating injuries.
We build claims based on objective medical evidence and compelling human stories. Our firm demonstrates the profound, lifelong impact of a TBI to judges, juries, and insurers.
We give a powerful voice to those whose lives have been silently altered by another's negligence.
Insights for Your claim
- The full effects of a TBI may not appear for days or weeks after an accident. A comprehensive neurological evaluation is a necessary first step.
- A strong TBI claim requires documentation from neurologists, neuropsychologists, and other professionals to prove the injury's long-term effects.
- The lifetime cost of a moderate to severe TBI can be substantial. A successful claim accounts for future medical care, rehabilitation, and potential lost income.
- Insurance companies dispute TBI claims by arguing the victim’s symptoms are psychological or pre-existing. A prepared legal team anticipates and counters these tactics.
Why Choose Miller and Jacobs, Accident Attorneys for Your Pompano Beach Traumatic Brain Injury Claim?
A traumatic brain injury claim presents one of the most complex challenges in personal injury law. It requires a law firm with specific knowledge, substantial resources, and unwavering dedication.
Miller and Jacobs, Accident Attorneys, provide the sophisticated legal representation that Pompano Beach families need when facing the lifelong consequences of a TBI.
A medically-focused legal strategy
We work closely with your medical team to develop a claim based on scientific evidence. Our attorneys learn the specifics of your diagnosis, from the location of the brain lesion to the results of cognitive testing.
This in-depth examination of the medical evidence enables us to communicate effectively with insurance adjusters and defense attorneys about the genuine nature of your injury and its debilitating effects.
We assemble a team of professionals
Proving a TBI's full impact often requires more than a doctor's note. We assemble and fund a team of professionals to build your case. This may include neurologists who explain the physical damage, neuropsychologists who quantify cognitive deficits, vocational experts who testify about your inability to work, and life care planners who create a detailed, costed-out plan for your future needs.
This multidisciplinary approach ensures every aspect of your injury is documented and valued.
Countering a subjective defense
The primary defense against a TBI claim is to argue that the symptoms are subjective or unrelated to the accident. We proactively counter this by building a timeline that connects your symptoms directly to the traumatic event.
We gather testimony from family, friends, and coworkers who can speak to the changes in your personality, memory, and abilities since the accident. This method turns subjective complaints into a pattern of objective, observable evidence.
The True, Lifelong Cost of a Traumatic Brain Injury
The financial and personal costs of a TBI are staggering. A claim must do more than just pay the initial hospital bills. It must provide a foundation of financial security for a future that may be permanently altered.
Our firm fights for compensation that reflects this profound reality.
Economic costs
Economic damages in a TBI case often form the largest component of a claim. They represent the calculable, out-of-pocket expenses you will face over your lifetime because of the injury.
We work with financial and medical planners to accurately project these lifelong costs. The economic damages we pursue may include:
- All past and future medical treatment, including surgeries and hospitalizations.
- The cost of cognitive, speech, and occupational therapy.
- Full-time or part-time home health aide assistance.
- Home and vehicle modifications to accommodate disabilities.
- Lost income and a permanent loss of earning capacity.
These are not abstract figures. They represent the tangible resources required for you to live with dignity and receive the best possible care for the rest of your life.
Non-economic costs
The most devastating losses from a TBI are often the ones that do not come with a price tag. These non-economic damages address the loss of your identity, your relationships, and your ability to experience life as you once did.
While no amount of money can restore what was lost, compensation for these damages acknowledges the immense human suffering involved. This can include loss of companionship, emotional distress, and the frustration of living with cognitive deficits.
Proving the Invisible Injury in a Pompano Beach Claim
Proving the existence and severity of an injury that is not always visible is the central challenge in a TBI lawsuit. Miller and Jacobs, Accident Attorneys, uses a methodical, evidence-based approach to build a compelling case that leaves no doubt about the injury's impact.
Medical documentation
Consistent medical treatment and documentation are the bedrock of a TBI claim. Insurance companies will seize any gap in treatment or missed appointment as "proof" that the injury is not serious. We guide our clients through this process, emphasizing the importance of maintaining a clear and uninterrupted medical record.
Many TBI symptoms are subtle and can be easily overlooked in the chaos after an accident. Reporting every change, no matter how small, to your doctor is a necessary step.
Common but often-missed TBI symptoms include:
- Increased irritability or sudden mood swings.
- Difficulty concentrating or following conversations.
- Persistent fatigue or changes in sleep patterns.
- Sensitivity to light and sound.
- Loss of smell or taste.
Reporting these symptoms creates a documented history that helps us connect your daily struggles directly to the physical injury to your brain.
Connecting the TBI to the accident
The defense will often try to argue that a prior incident caused a TBI or is a pre-existing condition. We counter this by establishing a clear baseline of your health before the accident.
We may use employment records, academic transcripts, and testimony from people who knew you well to show your level of functioning before the injury. This "before and after" picture is a powerful tool for proving causation.
How Florida Law Affects TBI Claims
The legal framework in Florida presents specific hurdles for TBI victims. A knowledgeable attorney is needed to make sure these laws do not unfairly prevent you from securing the compensation you need.
The two-year filing deadline
Florida’s statute of limitations, found in Florida Statute § 95.11, gives you only two years to file a personal injury lawsuit. For TBI victims, whose symptoms may evolve over time, this is a very short window. Acting quickly preserves your right to file a claim.
The modified comparative fault rule
Under Florida Statute § 768.81, a court can bar you from recovering any compensation if you are found to be more than 50% at fault for the accident. This rule is especially dangerous for TBI victims, whose memory of the accident may be impaired.
The other driver's insurer may try to exploit your memory gaps to shift blame onto you. We work to protect you from this tactic by relying on physical evidence and witness testimony to establish fault.
National TBI data
Traumatic brain injuries are a significant public health issue. The Centers for Disease Control and Prevention (CDC) reports that falls and motor vehicle crashes are two of the leading causes of TBI-related hospitalizations. This data highlights how common these life-altering injuries are.
Countering Insurance Company Tactics in TBI Cases
Insurance companies are notoriously skeptical of traumatic brain injury claims. Their adjusters and lawyers are trained to find ways to dispute the injury and minimize the payout. Our firm is familiar with their playbook, and we build your case from day one to defeat their arguments.
They will downplay your symptoms
The most common tactic is to claim your symptoms are not as severe as you say. They may hire their own doctor to conduct a short examination and issue a report that contradicts your treating physicians. We counter this by building a mountain of evidence from credible professionals who have treated you over the long term.
They will dispute future care needs
The insurer will fight against the cost of a life care plan and argue that it is speculative and unnecessary. They may claim you will make a full recovery and will not need long-term care.
We use testimony from your doctors and life care planning professionals to show that your needs are based on established medical science and are essential for your future quality of life.
A Note on Artificial Intelligence and Your TBI Claim
An AI tool cannot comprehend the human cost of a traumatic brain injury. It cannot convey to a jury how memory loss has affected your relationships or how chronic pain has stolen your joy. A chatbot can look up legal definitions, but it cannot build a life care plan with a team of medical professionals.
For a claim this personal and complex, you need a human advocate with compassion and experience. Relying on an automated program could jeopardize your entire future.
The team at Miller and Jacobs, Accident Attorneys, provides the dedicated, human representation you deserve.
FAQ for Pompano Beach Traumatic Brain Injury Lawyer
What is the difference between a "mild" TBI and a severe one?
A "mild" TBI, often called a concussion, can still have serious and long-lasting effects. The classification is based on factors like the length of unconsciousness and post-traumatic amnesia, not the long-term symptoms.
We take all head injuries seriously, as even a "mild" TBI can lead to chronic headaches, cognitive issues, and emotional distress that require significant compensation.
My family says my personality has changed since the accident. Is this part of a TBI?
Yes, personality and mood changes are very common symptoms of a TBI. Damage to the frontal lobe of the brain, which controls emotions and personality, can cause increased irritability, depression, anxiety, and impulsiveness.
Testimony from family members about these changes is a powerful way to demonstrate the injury's impact.
Can I still have a TBI even if I did not lose consciousness in the accident?
Absolutely. It is a common misconception that you must be "knocked out" to sustain a TBI. Any forceful jolt or blow to the head can cause the brain to impact the inside of the skull. This can lead to bruising, bleeding, and nerve damage, all without any loss of consciousness.
How do you calculate the value of a TBI case?
There is no simple formula. We calculate the value by adding together all economic damages (past and future medical bills, lost income) and then assigning a value to the non-economic damages (pain, suffering, loss of quality of life). The final value depends on the severity of the injury, the prognosis for recovery, and the impact on your ability to live your life.
Getting the Comprehensive Support You Need
A traumatic brain injury changes everything. You and your family should not have to face this journey alone. The legal team at Miller and Jacobs, Accident Attorneys, is here to lift the legal burden from your shoulders.
We fight to secure the financial resources you need for a lifetime of care, so you can focus all your energy on recovery and rehabilitation. We are dedicated to helping our Pompano Beach neighbors find stability in the wake of a life-altering injury.
Your consultation is always free, and you owe us no fees unless we secure compensation for you. Contact Miller and Jacobs Accident Attorneys, today at (877) 848-5297 or complete our online contact form to schedule your confidential case review.