Miami Traumatic Brain Injury (TBI) Lawyer

Florida Traumatic Brain Injury Statistics

In Florida, over the course of just one year:

• More than 170K people sustained TBIs
• More than 3K people died due to TBIs
• More than 8K people were hospitalized with TBIs

If the accident that caused your, or a loved one's, traumatic brain injury occurred in Florida and was caused by negligence, our Miami-based brain injury attorney Sean M. Cleary can assist you in bringing a personal injury claim on your behalf. We handle the following types of serious brain injury cases:

• Traumatic brain injury (TBI) cases. When a brain injury was caused by someone else's negligence, you may be able to file a personal injury claim to recover compensation for economic and non-economic damages. The circumstances of a TBI case can involve, but are not limited to:

  • Motor vehicle accidents
  • Falls
  • Being struck by an object

• Other acquired brain injury (ABI) cases. When the ABI was caused by someone else's negligence, you, or a loved one, may be able to file a personal injury claim to recover compensation for your losses. ABIs that lead to a compensation claim are commonly caused by:

  • Medical malpractice
  • Heart attack misdiagnosis
  • Stroke misdiagnosis
  • Emergency room infections
  • Surgical errors
  • Near-drowning accidents

Traumatic Brain Injury Cases We Handle & Investigate in Miami & Florida

If you, or a loved one, sustained a traumatic brain injury in an accident in Miami or the rest of Florida due to someone else's negligence, you can count on our compassionate attorney to help during these tough times. Contact us and we will review your case free of charge. The types of traumatic brain injury cases that our law firm can assist you with include:

• Traumatic brain injury claims from motor vehicle accidents: Once accident victims meet or exceed their mandatory Florida personal injury protection policy limits, the law may allow them to seek further compensation for a TBI from at-fault parties whose negligence caused the motor vehicle accident. This might include a responsible driver or a manufacturer of a failed part that caused the accident.
• Traumatic brain injury caused by slip-and-fall accidents: When someone's negligent actions or wrongdoing caused the slip-and-fall accident that led to the TBI, the individual or company can be held responsible for the damages and be required to compensate the victim and family members. For example, a store owner who neglected slippery floors or a nursing home that failed to properly supervise a patient and allowed them to fall.
• Traumatic brain injuries from accidents on construction sites: TBIs often happen as a result of scaffolding falls, being struck by or against an object, machinery malfunctions, or falling debris when working on or visiting a construction site. Florida victims can sue negligent owners and contractors - that did not obey OSHA regulations that require guardrails and other safeguards, for example - for injuries that occur on unsafe worksites and recover compensation to cover their damages.
• Offshore traumatic brain injury cases aboard vessels: Slippery decks, and poor maintenance practices, for example, can provide the perfect environment for boat or ship accidents that lead to TBIs. Those at fault for the accident can be held responsible for the financial and emotional toll the brain injuries take on the injured persons and their families.
• Concussion claims: Motor vehicle accidents and slip and fall accidents are the most common causes of concussions. If the concussion was caused by someone else's wrongful behavior, you can fight back with the help of a top-tier personal injury law firm - even when the insurance company denies liability - to pursue a settlement or a court decision for your claim.
• Brain contusion claims: A brain contusion is a localized, severe TBI that can be the result of nearly any type of trauma: construction accidents, slip and falls, car wrecks, or medical malpractice. If negligence or malpractice led to a brain contusion, a personal injury lawyer can help you, or a loved one, access a broad range of experts, hold the liable parties responsible for their actions (or lack of), and recover compensation for the damages.
• Diffuse axonal injury (DAI) claims: A DAI is one of the most devastating types of TBIs and, in the worst situation, can even lead to cases of wrongful death. The injury occurs over a wide brain area and results from a blunt injury, most commonly caused by high-speed motor vehicle accidents, especially truck accidents. If a family member suffered a DAI in an accident that was caused by someone else's negligence, a brain injury attorney can help you investigate the case and recover compensation.
• Brain hematoma claims: Hematoma, or a blood clot in the brain, forms after a sudden blow to the head - usually as a result of falling from a height, being involved in a motor vehicle accident, assault - or trauma during surgery. If you, or a loved one, sustained a hematoma as a result of another person’s negligence or wrongdoing, you may be able to develop a legal strategy to hold the negligent party responsible and pursue full compensation for your damages.
• Penetrating brain injury (PBI) claims: A penetrating brain injury is the most severe type of TBIs and it can be caused by motor vehicle accidents, assaults, falls, or aviation accidents. If your loved one’s penetrating brain injury was caused by someone else’s negligence - for example, an assault that occurred at a business where the property owner neglected appropriate security measures - you may be able to hold the owner liable and recover compensation for the costs of the losses.
• Brain anoxia or hypoxia cases: These injuries are typically caused by some sort of internal occurrence: smoke inhalation attributable to fires in the home (caused by a faulty appliance, for example), near-drowning accidents, or situations of medical malpractice. It may be possible to bring a brain injury claim against the negligent parties to recover compensation for your brain injury when you can evaluate the extent of the damages, especially when symptoms appear over time.

Signs & Symptoms of Traumatic Brain Injury: Seek Medical Attention Immediately

While you may be experiencing minor symptoms such as headaches and nausea, a traumatic brain injury can have a major effect on your quality of life.

If you do not seek immediate medical attention, then even minor brain injuries can have serious, permanent effects. If your injury occurred due to someone else’s negligence, you have legal options to recover compensation.

Consider seeing a doctor after any head trauma, especially if you exhibit any of the following TBI symptoms:

• Lapses in memory
• Drastic changes in mood
• Persistent headaches
• Change in sleep habits
• Slurred speech
• Nausea or vomiting
• Seizures or convulsions

Prompt legal action and fair compensation can allow you to receive high-caliber treatment, replace the lost income, and otherwise do what it takes to live and cope for the rest of your life.

If you or a loved one sustained a traumatic brain injury in an accident caused by the negligence of another person, contact us and attorney Sean Cleary will personally review your case and let you know how much we can recover for you.

Long-Term Effects of a TBI on Survivors & Families

Accident or medical error victims who have suffered a TBI, often live with physical, emotional, psychological, and cognitive functions that are lost or forever changed as a result of a traumatic brain injury. Infant brain damage can lead to:

• Long-term disabilities
• Developmental delays
• Mental disabilities
• Other medical conditions

In adults, traumatic brain injury can cause:

• Brain death
• Coma
• Chronic pain

• Loss of motor skills
• Loss of senses
• Swallowing impairments
• Seizures
• Difficulties in thinking/process
• Memory loss
• Learning disabilities
• Lack of physical coordination
• Inability to perform basic bodily functions
• Changes in personality
• Changes in behavior
• Disorientation as to time, place, or person
• Sadness
• Depression
• Adjustment disorders

In all cases, physical damage to the brain is only the beginning of the domino effects brain injury will have on the lives of the victim and their loved ones. Each of these changes represents a loss of self that affects not only the victim but also the entire family.

What Can You Recover After a Traumatic Brain Injury Incident?

Medical expenses for traumatic brain injuries often reach very high levels. Victims who have sustained brain injuries and their family members are entitled to receive compensation for:

• Medical expenses
• Present and future cost of medical care
• Present and future loss of income
• Pain and suffering
• Physical, occupational, and rehabilitative therapy
• Mental anguish

• Home modifications
• Special education costs
• Counseling and psychological therapy costs
• Lost wages of the injured patient or the caregiver
• Physical and emotional pain and suffering

In case the injured person dies, a wrongful death case could also add the recovery of:

• Lost companionship
• Funeral expenses
• Medical costs incurred before death

How Can The Law Offices of Sean M. Cleary Help You in a Traumatic Brain Injury Case?

We only charge contingency fees, meaning we only charge after the case is closed. These fees range from 34%-40% and are charged from the total amount.