Orlando Brain Injury Attorney | How To Get The Most Money From Your Case

As an Orlando brain injury attorney, I am always very concerned when any auto accident victim hits their head during an accident. There are many tell-tale signs of brain injuries, but symptoms can be mild yet still devastating, such as not being able to think or remember as clearly as before, or personality changes.

If you have been in an auto accident or fall, or somehow sustained a serious impact to your head, then you should be evaluated for traumatic brain injury (TBI). Brain injuries are often overlooked by other personal injury lawyers, and, incredibly, even most neurologists (and sometimes even the accident victim themselves), yet they are very real and can have devastating long-term effects.

From a legal perspective, proving brain injuries can be challenging, as the symptoms may be subtle or delayed. Therefore, to get the most money from your case, you simply must consult an Orlando brain injury attorney who is familiar with the latest imaging techniques, such as Diffusion Tensor Imaging (DTI) and the Paragon Protocol, which can provide objective evidence of brain injuries. Unlike prior scanning techniques, these cutting edge tests, when evaluated by the neurologists and radiologists who are well-versed with them, provides objective evidence of injuries that can dramatically increase case any brain injury case value.

You need to carefully select a Florida brain injury lawyer — in our experience, most injury lawyers simply do not know about these latest & best methods of proving brain injuries.

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When Should You Call An Orlando Brain Injury Attorney?

Traumatic Brain Injuries (TBIs) can happen anytime there is head trauma involving the rapid deceleration or acceleration of the head. You may have heard them called “TBI” or closed head injuries. If you were involved in a car, truck or other auto accident, serious slip and fall accident, or even medical malpractice, and your head was impacted, then you need to carefully consider whether you might be experiencing any of the symptoms of traumatic brain injury. If you are, then you need a thorough medical evaluation, using the latest imaging techniques, plus you need to hire an Orlando brain injury attorney who will protect your rights when dealing with insurance claims adjusters and/or large corporate defendants.

In addition to finding an Orlando brain injury attorney who understands the latest imaging techniques, such as DTI and the Paragon Protocol, you also need a lawyer who can, if needed, connect you with the best neurologists & radiologists around the country. (We hope, for your sake, that you will only need a local appointment, but we can help if you need more.) Those doctors can perform a wide variety of tests to indisputably prove different subsets of brain injuries. We have that knowledge and will do those things — and you will find that the great majority of other personal injury lawyers will not know or be able to do these things.

Suspected Traumatic Brain Injury? Medical Evaluation is URGENT

Anytime you have sustained a blow to the head, you should be evaluated by a doctor for a possible brain injury. This can actually save your life because a brain bleed is impossible to detect without a CT scan, and often quickly fatal.

Immediate and thorough medical evaluation is also very important as part of any accident litigation because insurance companies will take you much more seriously if you received medical evaluation and treatment very soon after your accident.

Therefore, we cannot stress enough that ANY delay in receiving some kind of medical evaluation, after an accident, can significantly affect your case value & outcome, and also risk your life because what can be a fatal brain bleed can go undetected. That being said, if you haven’t been seen by a doctor, after any accident that caused a suspected brain injury, just go somewhere, anywhere, to visit any doctor right now. Then call us. Our general recommendation would be to first visit ANY doctor, often at the ER, or your primary care, then plan to see a much better neurologist as soon as possible. Because of our extensive connections to the top neurologists around the state of Florida and nation, we can often help get those follow-up specialty (neurologist) appointments scheduled, if needed.

When It Comes To Brain Injuries, Everyone Is Different

You probably already understand the concept that our brain has different regions or lobes, each of which control different bodily functions. So it probably is not much of a surprise to learn that a brain injury can affect different people in very different ways, depending on the cause of the impact, the location (on the head) and the severity of the impact.

Traumatic brain injuries (TBIs) are caused by an external force, such as a blow to the head, a sudden, forceful motion of the head and neck, or an object penetrating the skull. Common causes of TBIs include falls, car accidents, sports-related incidents, assaults, and explosive blasts. TBIs can be classified as mild, moderate, or severe, depending on the extent of damage to the brain.

Mild TBIs, also known as concussions, occur when the brain is shaken within the skull, causing temporary disruption of brain function. Symptoms of mild TBIs may include:

Headache
Confusion
Dizziness
Blurred vision
Ringing in the ears
Fatigue
Changes in sleep patterns
Mood changes
Trouble with memory, concentration, or thinking

Moderate TBIs occur when there is significant damage to the brain, but the injury is not life-threatening. Symptoms of moderate TBIs may include:

Any “mild” TBI symptoms that persist
Persistent headache
Repeated vomiting or nausea
Convulsions or seizures
Dilation of one or both pupils
Slurred speech
Weakness or numbness in the extremities
Loss of coordination
Increased confusion, restlessness, or agitation
Unusual behavior changes

Severe TBIs, also known as catastrophic brain injuries, occur when there is extensive damage to the brain, often leading to life-threatening conditions. Symptoms of severe TBIs may include:

Loss of consciousness for an extended period
Coma
Vegetative state
Minimally responsive state
Locked-in syndrome
Brain death
Significant cognitive impairments
Severe motor impairments
Emotional and behavioral changes

The leading causes of traumatic brain injuries are falls (35%) and auto accidents (17%). The only way to really begin to understand brain injuries is to understand some basics about how a healthy and injured brain compare.

How A Healthy Brain Works

Obviously, the brain has a strong protective covering, which is the skull. The skull protects very sensitive and soft brain tissue. Within the brain are nerves that run messages to and from and through the brain. The brain interprets these messages by instructing the rest of the body to perform all of our bodily functions. This includes everything we do, even breathing and our heart beat, but also temperature regulation, heart rate, processing thoughts, moving our bodies, and even what makes us human–meaning our personalities, decisions, and all fives senses (touch, sight, hearing, taste and smell). Even supposedly minor injuries can have a devastating impact on how the brain communicates with the rest of the body, which can serious affect many important aspects of your life.

What Happens When We Injure Our Brains?

Basically any and all bodily functions can be affected when the brain is injured, and these injuries can be temporary or permanent. The only way to know for sure is to receive a thorough medical evaluation from an MD who is a neurologist who specializes in brain functioning, and is familiar with the latest testing and treating protocols (again, most neurologists are NOT familiar with these). But, generally speaking, if you have sustained a serious blow to the head, and are experiencing any differences in how your body functions after the accident, particularly any of the symptoms listed above, you should be evaluated as soon as possible. We can often help you find the necessary and preferred providers even if you do not have insurance. Brain injuries can be temporary or permanent, so you should not take the chance that yours will go away or resolve on it’s own–sometimes they do, but sometimes they do not.

Proving Brain Injuries in Florida Brain Injury Litigation: Old Versus New Methods

Traditionally, brain injuries have been diagnosed using CT scans and MRI. However, these methods have limitations and may not detect subtle brain damage. Specifically, these scans leave a lot of room for argument that something else is the causing your symptoms, because the results are never clear.

We cannot more strongly warn you that MOST injury lawyers will be fine with older scans, which WILL significantly lower any brain injury case value, and MOST neurologists will not order the more advanced scans.

Advanced imaging techniques, such as Diffusion Tensor Imaging (DTI) and the Paragon Protocol, can provide more detailed and objective evidence of brain injuries.

DTI is an MRI-based technique that maps the diffusion of water molecules in the brain, allowing doctors to identify microscopic damage to white matter tracts. The Paragon Protocol is a comprehensive assessment tool that combines neuropsychological testing, advanced imaging, and other diagnostic methods to create a detailed picture of a person’s brain function.

By utilizing these cutting-edge techniques, an experienced Orlando brain injury attorney can build a much stronger case. Especially in mild to moderate traumatic brain injury (TBI) cases, selecting doctors who are using these latest techniques can make a huge difference in the value of your case. (In severe brain injury cases, these tests are still important, but those cases would have an extensive amount of other objective evidence.) Mild to moderate brain injury cases can be particularly difficult to otherwise prove, because the person might look like they are completely fine. Merely telling an insurance company or juror that you don’t feel the same is not nearly as effective as providing undeniable proof that your brain was permanently altered.

What Does An Insurance Company Do When You Have A Possible Brain Injury?

When you have a possible brain injury, insurance companies will do what they always do, which is try everything to minimize the amount of money that they have to pay on the claim. I cannot emphasize enough that insurance companies are NOT your friend–in fact they are not even impartial (like judges). They do not want to help you. You should never forget that insurance companies are businesses first and foremost. This includes your own insurance company, even if they are “nice” to you. They don’t have to seem mean to be ridiculously unfair. The only reason they ever pay anything is because they can be sued for nonpayment in very clear cases. But most cases are unclear, so they hire attorneys and adjusters to investigate claims with one single goal in mind, and that is to lower the value of the checks that they write to injured victims. Whenever you are dealing with an insurance company, you absolutely need your own Orlando brain injury attorney to guide you through the process. And you need to make that call sooner rather than later for many reasons. As Orlando brain injury attorneys, for starters, we will give you strategic and critically important, often urgent advice regarding medical providers — and that must be done very soon after the accident for maximum beneficial effect. So we cannot overstate the importance of calling us, your Orlando brain injury attorneys today.

Lawsuits Based On Brain Injuries Can Help Provide Medical Care As Well As Compensation For Pain & Suffering

If you have a brain injury from an accident, you may not realize the extent and expense of ongoing medical care to help you regain as much functioning as possible. Possible treatments for mild to moderate brain injuries range from virtual or live brain re-training exercises, cognitive behavioral therapy, speech therapy, occupational therapy, physical therapy, medication management, psychological counseling, and in some cases, surgeries and hospital stays. Treatments for catastrophic brain injuries may include extensive surgeries, prolonged hospital stays, rehabilitation in specialized facilities, extended care in assisted living or nursing facilities, in-home nursing care, ongoing therapies (physical, occupational, speech, and cognitive), medical equipment, home modifications, and lifelong medical care and support.

That being said, calling us does NOT mean that you will be required to do all or any of these things! We hope that you don’t. We just have the knowledge to help you find cutting edge physician experts IF your brain injury is significant enough to need more care.

You are going to need money to pay for these things, which is one of many important reasons that you need an Orlando brain injury attorney to fight for your rights. You also deserve the absolute maximum compensation for your pain and suffering.

We work very closely with all of our clients and will do everything possible to maximize their recovery. We also have a low volume practice philosophy, which allows us to provide highly personalized representation.

What If You Don’t Know Whether You Have A Brain Injury?

Many people who have suffered a mild to moderate brain injury do now know the full extent of their condition immediately after an accident. Traumatic brain injury (TBI) symptoms may be subtle or take time to manifest, causing you to question whether you have a brain injury at all. This uncertainty is entirely normal and understandable.

In an ideal situation, your symptoms will resolve within a few weeks, and you won’t need ongoing medical care or legal support. However, from a legal and medical perspective, it’s very important that you see a doctor immediately after any accident, then hire an Orlando brain injury attorney “just in case” your condition requires more ongoing care and support, as well as legal recovery.

Florida law requires that you have a permanent injury to recover for pain and suffering after an accident. While the best outcome would be that you do not have permanent injuries, it’s essential to have an experienced brain injury lawyer on your side to protect your interests if your condition does not improve as hoped.

By hiring an Orlando brain injury attorney right away, you ensure that:

Insurance companies are contacted promptly
You are seen by specialists if needed
Evidence is gathered in a timely manner
Your legal rights are protected throughout the process

Remember, it’s normal for our clients not to know the full extent of their brain injuries in the beginning. Our role is to guide you through this uncertain time, advocate for your needs, and ensure that you have access to the best medical care and legal support, if needed.

What Are Brain Injury Cases “Worth”?

We have recovered hundreds of thousands to multi-millions for everything ranging from mild to catastrophic brain injuries caused by accidents in the past. We will give your case the same attention, care, and hard work.

That being said, the following things can significantly lower your brain injury case value:

You caused the accident (but that can be debatable or there is often shared fault, which can have variable effects);
The defendant who caused your brain injury, such as an at-fault driver, has limited insurance coverage — in which case usually their policy limit is the cap on your case value (this can be higher in cases where there are multiple at-fault defendants, such as an at-fault driver, and his or her employer). For example, if an at-fault driver had 100K in bodily injury coverage, there were no other defendants with any coverage, and you had no uninsured motorist coverage, then the maximum we could recover in your case would be 100K;
You delay treatment by one or multiple days or weeks (for this reason, if you haven’t yet received ANY medical evaluation, go to the ER or your primary care TODAY);
You refuse to be seen by a neurologist knowledgeable about the latest brain imaging and treatment protocols, after your ER or primary care visit;
You refuse to undergo testing and treatment recommended by the neurologist; or
The evidence proves that your limitations aren’t what you’ve claimed. For example, if you say that you can’t exercise anymore, but the defense lawyer obtains a video showing you going for a run. (This is NOT to say that you can no longer exercise if you have a brain injury (we hope that you can); we just have to know the truth and work from there.)

What to Expect in Brain Injury Litigation

When you work with an Orlando brain injury attorney, the first step is an initial consultation to discuss your case. If you decide to move forward, then we will then gather evidence, including medical records and expert opinions, to build a strong case on your behalf. Critically, this often includes recommending the best neurologists and radiologists to review your case.

Once we have gathered all of the necessary evidence, we will guide you through the process of settlement negotiations or, if necessary, file a lawsuit on your behalf, and represent you in court. Whether pre-suit or during litigation, we will fight for the absolute maximum compensation, including medical expenses, lost wages, pain and suffering, and long-term care costs. We will also keep you fully informed about your options, every step of the way.

We provide free, extended, substantive lawyer consultations if we think we can help in your case. Our consultations are usually very soon after your call to our office, low-pressure, and they will help you, regardless of whether you choose to hire us, because we will explain why you need certain doctors & tests to maximize your brain injury case value. We will educate you about brain injuries, testing, treatment, and give you the names of the doctors we would recommend, and why, along with our overall case strategy and plan, regardless of whether you hire us.

That being said, we are very confident that you will choose to hire us, once you’ve heard what we have to say about brain injuries & how to prove them. You will become confident that we understand the complexities of brain injury cases and the latest diagnostic tools, among all of the lawyers in the state of Florida, we are very well-positioned to achieve the highest possible value for your brain injury case. We can also co-counsel with lawyers in other states, in catastrophic brain injury cases.