Dunedin Traumatic Brain Injury Lawyers

“Thank you Cliff and Grace for helping me work through and settle my accident claim. From my initial meeting with Cliff, working with Lutres and Grace towards the end, it was a very pleasant experience. They always returned calls and followed up. I would recommend them to others!”

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If you’ve suffered a traumatic brain injury (TBI) in Dunedin, Florida, understanding your rights is the first step towards recovery. Working with experienced and dedicated lawyers can mean the difference between facing hardship alone and securing the compensation you deserve. Reach out to our team of specialized Dunedin Traumatic Brain Injury Lawyers at (727) 821-3195 for a free consultation today.

THE CLIFF NOTES

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THE CLIFF NOTES

Get the key takeaways from this page

A doctor points to brain scans while discussing them with a patient.
  • Traumatic Brain Injuries (TBIs) are complex and demand special legal representation to ensure victims receive the compensation and care they deserve.
  • The first step in a TBI claim should be to seek immediate medical attention.
  • Florida law accommodates various statutes of limitations for personal injury claims, typically ranging from 2 to 7 years, based on the nature of the case.
  • The statute of limitations can extend in specific cases, such as medical malpractice involving minors, allowing claims to be made until the minor reaches 8 years of age under certain conditions.
  • A 4-year statute of repose applies in cases where injury causes are not immediately identifiable, providing leeway for victims in pursuing claims.
  • Enlisting the expertise of our traumatic brain injury attorneys, ensures your ability to focus on your recovery. Contact Herman & Wells today, (727) 821-3195.

WHY CHOOSE OUR DUNEDIN TRAUMATIC BRAIN INJURY LAWYERS

Our law firm stands out for its unwavering commitment to victims of traumatic brain injuries. With profound legal expertise in TBI claims, we seek justice for our clients, ensuring a clear understanding of each person’s unique circumstances. We leave no stone unturned in our quest to secure rightful compensation.

UNDERSTANDING TRAUMATIC BRAIN INJURIES IN DUNEDIN

Understanding the varied facets of traumatic brain injuries (TBIs) and their legal ramifications in Dunedin can be significant. At our law firm, we combine knowledge of medical details with legal expertise to assist the victims and their families throughout their journey to recovery.

WHAT IS A TBI?

A Traumatic Brain Injury (TBI) is a serious medical condition resulting from a blow, jolt, or bump to the head that disrupts the normal function of the brain. It ranges from mild concussions to severe brain damage, impacting victims’ lives significantly.

Types Of Traumatic Brain Injuries

TBIs can be broadly divided into “open” and “closed” injuries. Closed injuries are caused by blunt force impacts, like in the case of a concussion. Conversely, open injuries arise when an external object pierces the skull, which could happen during car accidents or construction mishaps.

Levels Of Severity: Mild, Moderate, And Severe Brain Injuries

TBIs range from mild to severe. A mild brain injury is characterized by a brief loss of consciousness, feelings of confusion, and a change in mental state, in spite of brain scans appearing normal.

Moderate brain injuries, similar to their mild counterparts, are closed injuries resulting from collisions or violent shaking. They might lead to lengthy periods of unconsciousness and confusion, along with observable cognitive, behavioral, and physical impairments. Recovery is often possible, but can be a prolonged process.

Severe brain injuries, both open and closed, lead to significant periods of unconsciousness and impairments, often requiring emergency medical care and lengthy rehabilitation. They could potentially result in lifelong disabilities or premature death.

COMMON EXAMPLES OF TRAUMATIC BRAIN INJURIES

Each type of TBI can potentially lead to serious, long-term consequences, affecting the victim’s memory, comprehension, creativity, motor skills, and other abilities. Some common TBIs include:

Concussions

Concussions, a prevalent form of mild traumatic brain injury, occur due to a direct blow or jolt to the head, often experienced during sports, falls, or vehicle accidents. This injury temporarily disrupts brain function, leading to symptoms such as headaches, dizziness, and confusion, which can impede cognitive and physical performance.

Contusions

Contusions are essentially bruises on the brain tissue, caused by a direct impact to the head, such as those received from falls, sports injuries, or vehicle collisions. These brain bruises trigger bleeding and swelling in the affected area, leading to a range of symptoms from mild confusion and drowsiness to severe and lasting impairments. The severity of a contusion largely depends on the force of impact and the precise brain area affected.

Coup-Contrecoup Injuries

Coup-contrecoup injuries happen when an impact not only bruises the brain at the impact site (coup injury) but also on the opposite side (contrecoup injury). This occurs due to the brain’s movement within the skull from the initial force, causing it to hit the opposite side. These injuries can lead to brain swelling, bleeding, or other damage, requiring immediate medical care to prevent severe long-term effects.

Diffuse Axonal Injuries

Diffuse axonal injuries (DAI) are severe brain damage caused by rapid shifts in the brain due to forces like those in accidents. This tearing of nerve fibers leads to widespread brain damage and disrupted neural communication. Symptoms range from confusion to long-term impairments.

Hanna Waldhalm
Hanna Waldhalm
May 2, 2024
If you are seemingly up against the impossible Keith Stahl, with Herman and Wells, WILL have your back and he WILL get positive results! I can highly recommend him for whatever the odds are against you!
Kate Adams Chamizo
Kate Adams Chamizo
April 28, 2024
I recently experienced a hit and run auto accident and felt lost and hopeless when it came to next steps. Herman & Wells provided step by step care and made the entire process smooth. Certainly something needed after such a traumatic event. Dara worked with me directly to ensure I had all questions answered and knew the entire process. I was able to hold my car insurance accountable with the help their help. I highly recommend using their services, you won't be disappointed.
nick michailos
nick michailos
April 27, 2024
Keith Stahl represented me, and I couldn't be happier!
Ronnie Kaye
Ronnie Kaye
April 17, 2024
Highly recommended, they worked hard and diligently to get the best outcome possible, ALWAYS answered the phone and always addressed all my concern's. 5 stars!!!!
Zack McMackin
Zack McMackin
April 16, 2024
Bill Demas is an exceptional disability and personal injury claims attorney who tirelessly fights for the rights of his clients. Having had the privilege of collaborating with him on numerous occasions over the years, I have consistently been astounded by his unwavering dedication and unwavering resolve. Bill not only takes the time to attentively listen to his clients' concerns but also ensures they have a comprehensive understanding of the legal process, guiding them every step of the way. His meticulous attention to detail and strategic mindset consistently maximize the chances of achieving a successful outcome. Additionally, Bill's compassion and support extend beyond his legal expertise, as he empathetically understands the emotional toll these situations can have on his clients. Without hesitation, I wholeheartedly recommend Mr. Demas to anyone seeking a disability claims lawyer who will fiercely fight for their rights.
michael grahs
michael grahs
April 5, 2024
Warren did us a huge favor and was extremely honest with his opinion and will definitely use him if needed again.
Chuck Kirk
Chuck Kirk
March 26, 2024
William C. Demas, Esq. Disability, ERISA, Life, and First Party Insurance Attorney. Bill was prepared for the appeal and won our LTD appeal against Lincoln.
Janet Martin
Janet Martin
March 21, 2024
Herman & Wells went above and beyond to help me with my legal problem. Alan Gustafson helped me and always returned my calls and gave sound advice along the way. I highly recommend Herman & Wells.
JS M
JS M
March 20, 2024
Attorney Bill Demas is someone I would HIGHLY recommend if you are experiencing a disability insurance issue. From the first conversation I had with Bill, he took the time to listen and truly understand my situation and the challenges I was facing. Bill is the most genuine and honest attorney I have ever worked with before. While so many other attorneys treated me as “just another case,” Bill went WAY above and beyond to educate me and most importantly advocate for me. He invested the time I needed and I’ll forever be grateful for his services and support. To anyone reading this, don’t look beyond Herman and Wells and especially Attorney Bill Demas! The entire firm has been professional, helpful and provided an experience that exceeded my expectations. Thank you to Herman & Wells and Attorney Bill Demas!

LEGAL PROCESS FOR TBI CLAIMS IN DUNEDIN

Seeking compensation for a traumatic brain injury (TBI) in Dunedin involves a strict legal process. The ultimate goal is to recoup losses for damages incurred, such as medical costs, lost wages, pain, suffering, and other related setbacks.

LEGAL PROCESS FOR TBI CLAIMS IN DUNEDIN

Seeking compensation for a traumatic brain injury (TBI) in Dunedin involves a strict legal process. The ultimate goal is to recoup losses for damages incurred, such as medical costs, lost wages, pain, suffering, and other related setbacks.

To successfully navigate this claim procedure, it’s essential to adhere to a series of crucial steps:

Step 1: Immediate Medical Care

The foremost step in pursuing a traumatic brain injury (TBI) claim in Dunedin is to seek immediate medical attention. TBI symptoms can be subtle initially, thus it’s vital to get a comprehensive medical examination to correctly diagnose and administer treatment.

Step 2: Compiling Evidence

The second step involves careful evidence gathering for your TBI claim. The aim is to prove the severity of your injuries and demonstrate the liability of the other party. This may entail collecting medical records, witness testimonies, expert viewpoints, and other relevant records.

Step 3: Finding Legal Support

The process of making a legal claim for a traumatic brain injury can be intricate and daunting. Consulting with our seasoned traumatic brain injury lawyers in Dunedin will help to ensure your legal rights are upheld and that you attain fair compensation for your injuries.

Remember, you don’t need to struggle in silence following a TBI. If your injuries were due to someone else’s negligence, it’s imperative to understand your legal rights and pursue justice for your injuries.

TYPES OF TBI CASES HANDLED IN DUNEDIN

In Dunedin, our legal team has extensive experience in managing a broad spectrum of TBI cases, ranging from mild concussions to severe, life-altering brain injuries. These cases often stem from various incidents, including automobile accidents, falls, sports injuries, and workplace accidents.

SECURING COMPENSATION FOR TBI VICTIMS IN DUNEDIN

Our goal is to champion your cause, striving to obtain the fullest extent of damages you’re entitled to, be it for medical bills, lost income, or the profound personal impacts of your injury.

Economic And Non-Economic Damages In TBI Cases

Economic damages refer to quantifiable financial losses stemming from an injury, such as medical expenses, lost wages, and the cost of rehabilitation services. Non-economic damages, on the other hand, encompass the intangible impacts, including pain and suffering, emotional distress, and loss of enjoyment of life, which are not easily quantified but are equally significant in assessing the full scope of a victim’s compensation.

Strategies For Maximizing Compensation

In navigating the complexities of TBI claims, it’s essential to meticulously document all related expenses and impacts on your life. Engaging our skilled legal team can significantly enhance your strategy, ensuring no detail is overlooked in maximizing your compensation.

$675,000 settlement for a past illegal left turn hit case in Florida.

PROVING NEGLIGENCE IN TBI CASES

In order to effectively argue negligence in traumatic brain injury lawsuits, it is critical to prove four primary elements: the existence of a duty of care, the violation of this duty, causation, and the resulting damages. Successfully proving each of these components is crucial to obtaining financial compensation for your traumatic brain injury. Failing to establish any one of these elements could prevent you from receiving the compensation you need.

ROLE OF MEDICAL EVIDENCE IN TBI CLAIMS

Medical evidence serves as the backbone of any traumatic brain injury (TBI) claim, providing irrefutable proof of the extent and origin of the injury. It is instrumental in not only establishing the link between the incident and the TBI but also in quantifying the severity of the impact on the victim’s life. Without comprehensive medical documentation, substantiating a claim and securing rightful compensation can become significantly more challenging.

THE IMPACT OF FLORIDA LAW ON TBI CLAIMS

The impact of Florida’s recent changes in personal injury law significantly affects Traumatic Brain Injury (TBI) claims. Previously, the maximum time allowed for filing most of these claims was 4 years, but that limit has now been reduced to 2 years according to F.S. 95.11. The statute varies, however, based on the circumstances of the injury.

For instance, if the TBI resulted from alleged abuse or an intentional tort when the victim was a minor, the individual may have 4 to 7 years post reaching adult age to file a claim. Cases dealing with negligent design or construction generally have a 2-year claim period. However, in instances of hidden defects, a 7-year statute can come into play.

When the State of Florida is the defendant, a notice of claim must be filed within 180 days. If the claim is rejected, a lawsuit can be filed within 3 years. A longer duration may apply in cases like medical malpractice involving a young child, where the claimant period can extend until the child turns 8, provided the negligence was not and could not have been known prior.

Lastly, in situations where the injury or its cause is not immediately detected, a 4-year statute of repose is permitted. This provision is applicable to several Florida TBI lawsuits, providing some flexibility for victims navigating the personal injury claims process post this legislative adjustment.

CONTACT OUR DUNEDIN TRAUMATIC BRAIN INJURY LAWYERS

Having a lawyer who specializes in handling personal injury claims can significantly impact your settlement. The dedicated traumatic brain injury attorneys at Herman & Wells aim to streamline the claims process, allowing you to focus solely on your recovery. Let our attorneys assist you in getting your life back to normal.

Reach out to us at (727) 821-3195 to schedule a consultation.

CONTACT OUR DUNEDIN TRAUMATIC BRAIN INJURY LAWYERS

Having a lawyer who specializes in handling personal injury claims can significantly impact your settlement. The dedicated traumatic brain injury attorneys at Herman & Wells aim to streamline the claims process, allowing you to focus solely on your recovery. Let our attorneys assist you in getting your life back to normal.

Reach out to us at (727) 821-3195 to schedule a consultation.

TELL US YOUR STORY. WE LISTEN!

By submitting my data I agree to be contacted