Miami Traumatic Brain Injury Lawyer

PROTECTING YOUR RIGHTS SINCE 1983

The traumatic brain injury lawyers at Bernstein & Maryanoff Injury Attorneys have the skill and knowledge needed to get the you top compensation for your traumatic brain injuries.

Legal Counsel for Brain Injury Accidents

With offices in Miami and across Florida, the law firm of Bernstein & Maryanoff Injury Attorneys has the resources and experience to take on the most complex brain injury cases. The firm’s attorneys and staff are dedicated to helping each client pursue the maximum compensation for their losses.

Depending on the severity and location of the injury, the effects of a brain injury can range from a minor annoyance to very serious and life-threatening. The study and diagnosis of head injuries are very complex. There may be overt signs of the injury such as loss of speech and motor skills, or there may only be more subtle personality changes. If you or a loved one have suffered a brain injury you should contact a lawyer with experience representing clients in brain injury-related legal claims to discuss your options.

The Brain and its Functions

The brain is the control center of the human body. It can be described as a bundle of gelatinous nervous system material floating in a protective sea of cerebrospinal fluid. The fluid acts as a shock absorber that dampens movement of the brain when a person is jolted. All of this fluid is encased inside of the human skull, which acts as a protective shell. The outside of the skull is smooth, but the inside is rough and boney. It is these rough, boney structures inside the skull that can injure the brain when a person is struck or jolted.

The brain is a sensory processor. This means that the brain controls thought, smell, sight, memory, and touch. In addition, the brain controls vital bodily functions such as walking, talking, breathing, and heart rate.

The three main parts of the brain

Brain region	Function
Cerebrum	The largest section of the brain. Controls cognitive abilities, memory, motor function, learning, and speech.
Cerebellum	Part of the hindbrain. Coordinates voluntary and involuntary muscle movements.
Brain stem	The lower extension of the brain. Acts as a relay station between incoming stimulus and the rest of the brain.

Effects of a Head Injury

The effects of a brain injury largely depend on the severity of the injury, and the location of the affected part of the brain. All head injuries have the potential to be serious.

Concussion

A concussion is the common result of a blow to the head or a sudden deceleration. It results from a jarring of the brain. A concussion is graded according to its severity; depending on the loss of consciousness, amnesia and loss of equilibrium. A concussion often results in a period of altered consciousness during which the person is dazed or disoriented.

The common early symptoms of a concussion include:

Dizziness
Vertigo, or loss of equilibrium
Nausea and vomiting
Headache

While many consider a concussion a minor annoyance, research published in the NIH’s National Library of Medicine shows that approximately 15% of mild TBI patients develop persistent post-concussion syndrome, with lasting damage to cognition, memory, learning, and executive function. Any head injury has the potential for serious long-term effects.

Long-term effects of a concussion

Cognitive & emotional effects	Physical effects
Poor memory and concentration	Headaches
Difficulty choosing words	Difficulty sleeping
Slowed reaction time	Lightheadedness
Depression and mood swings	Ringing in ears
Altered personality	Intolerance to loud noise and blurred vision

Post-concussion syndrome (PCS) can persist for weeks, months, or even years after the initial head injury. TBI victims who develop PCS often experience significant cognitive impairment that affects their daily life, employment, and relationships with family members.

Comas

A severe head injury may also cause a coma. Coma is defined as a state of unconsciousness from which the patient cannot be awakened or aroused, even by powerful stimulation. When a person suffers a traumatic brain injury severe enough to cause a coma, the recovery process is often long and uncertain, requiring extensive medical care and treatment from specialists.

Amnesia

Amnesia is generally defined as the loss of memory, or a period of forgetfulness.

Type of amnesia	Description
Anterograde amnesia	The inability to remember events beginning with the onset of the injury.
Retrograde amnesia	The loss of memory regarding events preceding the injury.

Effects of Severe Brain Damage

When a brain injury is very severe it can dramatically affect the injured person’s ability to return to a normal life. In fact, CDC research shows that approximately half of people with moderate-to-severe TBI experience further decline in their daily lives or die within 5 years of injury, with survivors facing a life expectancy 9 years shorter than average. Depending on the location and severity of the injury there may be physical and behavioral effects. A severe brain injury can affect a person’s ability to work, learn, and interact with their family.

Physical effects of severe brain injury

Difficulty with mobility and coordination
Difficulty talking and communicating
Severe headaches
Difficulty with, or loss of, sensation

Behavioral effects of severe brain injury

Personality changes and mood swings
Depression
Short attention span and learning difficulty
Memory difficulty and significant cognitive impairment

The Causes of Brain Injuries

The brain is central to thought, movement, emotion, and vital bodily functions. Brain injuries may occur through work-related accidents, car accidents, slip and fall injuries, diseases, or even from complications at birth. According to the CDC, TBI-related deaths in the United States reached 69,473 in 2021, more than 190 fatalities every single day, making brain injury one of the most urgent areas of personal injury law.

The potentially devastating effects of brain injuries are as widely varied as the injuries that cause them. If you or a loved one have suffered a brain injury, you should contact a Miami brain injury lawyer who has experience in brain injury-related legal claims to discuss your options.

Contact Traumatic Brain Injuries

A contact traumatic brain injury causes damage to the brain as a result of external force to the head. According to the CDC, falls, motor vehicle crashes, and assaults are the leading mechanisms of TBI in the United States, with males nearly twice as likely to be hospitalized from a TBI than females. A contact traumatic brain injury can cause closed head injury, brain swelling, bruising of the brain tissue, or nerve tearing.

Common causes of contact traumatic brain injury

Cause	Details
Sports injuries	Contact sports, cycling, and recreational activities frequently cause concussions and more severe TBI.
Motor vehicle accidents	Car accidents, truck accidents, and motorcycle crashes are a leading cause of TBI, especially among adults ages 15 to 34.
Slip-and-fall injuries	Fall accidents are the leading cause of TBI hospitalizations across all age groups.
Work-related injuries	Construction sites, industrial settings, and other workplaces where head trauma risks are elevated.
Violence and assault	Physical assaults, domestic violence, and gunshot wounds can cause catastrophic injuries to the brain.

Closed head injuries

A closed head injury is brain damage resulting from external force to the head that does not penetrate the skull. Even though an object may not penetrate the head, the potential for injury is still high. A closed head injury is often more dangerous than a penetration injury. When the brain is jostled in its entirety there is a greater chance of more widespread damage, including diffuse axonal injury, compared to a penetration injury which typically affects only one area of the brain.

Nerve shearing and diffuse axonal injury

A violent jolting of the head can cause nerve shearing. Nerve shear is defined as the tearing of the fragile nerve fibers in the brain. This type of axonal injury can be difficult to diagnose, but the effects can be devastating. Diffuse axonal injury occurs when the brain shifts and rotates inside the skull, tearing axons throughout the brain. It is one of the most common and severe types of traumatic brain injury and frequently results from motor vehicle accidents and motorcycle crashes.

Brain swelling and bruising

Brain swelling and bruising may result from a violent blow to the skull. After the head is hit, the brain can “bounce” off the inside of the skull. This may cause nerve shearing as well as swelling and bruising of nerve tissue. This swelling can create pressure inside of the head which in turn leads to compression of vital blood vessels, hindering the brain’s blood and oxygen supply. Brain injury victims experiencing these symptoms need immediate medical care to prevent further damage.

Non-contact traumatic brain injuries

The brain may be injured as a result of a non-contact injury or disease, including stroke, heart attack, near-drowning, or oxygen-depriving emergencies. According to the CDC, the total lifetime economic burden of TBI, including medical costs and lost productivity, is estimated at $76.5 billion, reflecting the broad and lasting impact of both contact and non-contact brain injuries.

Non-traumatic brain injuries can occur during medical emergencies such as stroke (also known as cerebrovascular accident, or CVA) and heart attack, which may affect the brain’s blood and oxygen supply, causing localized or even widespread brain damage. The brain may also be injured as a result of a near-drowning, suffocation, or heart-stopping electrical shock.

There are many ways in which a person may suffer a head injury. Severe injuries can result in brain damage, and in turn cause major life changes. Such injuries may result in compromised thought processes, altered moods, and mobility problems. If you, or a loved one, have suffered a brain injury, contact an experienced Miami brain injury attorney to discuss your legal options. You can also review our verdicts and settlements to see examples of results our law firm has achieved for accident victims.

Chronic traumatic encephalopathy (CTE)

Chronic traumatic encephalopathy is a degenerative brain condition caused by repeated head trauma over time. It is most commonly associated with contact sports, military service, and occupations involving repeated concussions. Unlike a single traumatic brain injury, CTE develops gradually, and symptoms, including memory loss, mood swings, confusion, and aggression, may not appear until years or decades after the initial injuries. Many brain injuries that seem mild at the time can contribute to CTE when they happen repeatedly.

Proving and treating a brain injury

A permanent brain injury may be difficult to recognize and prove. Many of the associated changes in a person’s behavior or personality can be very subtle. The earlier a brain injury is diagnosed, the earlier a person can begin a treatment plan.

If you, or a loved one, have suffered a brain injury you should contact a brain injury lawyer with experience in brain injury-related legal claims to discuss your options. Preserving medical records and documenting the recovery process from the start is important for building a strong brain injury case.

Diagnostic tools for brain injuries

Symptoms of brain damage can vary in type and severity. The effects largely depend on the degree of injury and the portion of the brain affected. Anyone who has sustained a serious blow to the head should seek medical attention immediately to determine if they should undergo diagnostic analysis.

There are a variety of physical, mental, and psychological tests that medical professionals use to determine the severity and effects of a brain injury. For a detailed overview, the NIH National Institute of Neurological Disorders and Stroke (NINDS) has published a guide to TBI diagnostic tools including MRI, CT scan, PET scan, and EEG procedures.

Diagnostic tool	Description
MRI	Magnetic Resonance Imaging is a noninvasive process that uses magnets to create three-dimensional internal images of the soft tissues of the body. It is often used to analyze the brain, spinal cord, and muscle.
CT scan	A computed tomography (CT scan), often referred to as a CAT scan, is a computer-assisted x-ray procedure that produces cross-sectional images of the body. This procedure is usually noninvasive and brief in duration.
PET scan	Positron Emission Tomography scanning uses a small amount of a radioactive tracer to create a view of a “slice” of a scanned object. This diagnostic tool can show how and where the brain is functioning.
EEG	Electroencephalography is the graphic recording of electric waves created in the brain, recorded through surface electrodes placed on the scalp.

Functional tests for brain damage

Medical and psychological professionals also use functional tests that analyze:

Vision and eye movement
Facial expression and reactions to stimuli
Hearing
Muscular movement
Personality and behavioral changes
Memory and cognitive function

Treatment and brain injury therapy

Treatment and therapy will greatly depend on the extent and nature of the injury. According to the 2024 American College of Surgeons best-practice guidelines for TBI management, early and coordinated medical care, including physical rehabilitation and emerging biomarker-guided diagnostics, significantly improves recovery outcomes. The earlier treatment begins, the better.

A person may need physical and occupational rehabilitation to condition muscles and relearn life-skills. Speech therapy is often required for TBI victims who have difficulty communicating after their injury. Life care planners may be brought in to assess the long-term needs of severe brain injury patients.

Brain injuries can be devastating for both the injured person and their family members. Therapy, medical treatment, and supplies can be very expensive, leading to substantial medical bills and lost wages. A legal claim may help you recover compensation and secure financial compensation from the party responsible for the injury. If you or a loved one have suffered a brain injury, contact a Miami brain injury lawyer who is experienced in handling brain injury related legal claims to discuss your options.

Why choose Bernstein & Maryanoff for your brain injury case

Handling a TBI claim without proper legal representation often leads to costly mistakes, especially when dealing with insurance companies that may try to minimize the value of your claim. Our Miami brain injury attorneys understand the complexity of TBI litigation and work to ensure that brain injury victims and their families recover fair compensation for medical treatment, lost wages, and long-term physical and cognitive effects. We serve clients throughout Miami-Dade County, including downtown Miami and South Beach, as well as South Florida communities such as Fort Lauderdale and Pembroke Pines.

Types of TBI cases we handle

Our law firm handles brain injury cases arising from a wide range of personal injury cases, including:

Car accidents and truck accidents
Motorcycle crashes
Pedestrian accidents
Slip and fall accidents
Medical malpractice
Birth injuries, including cerebral palsy
Drowning accidents
Wrongful death caused by TBI

What to do after a brain injury in Miami

If you or a loved one has suffered a brain injury, taking the right steps early can make a significant difference in both medical recovery and any legal claim:

Seek immediate medical care and follow your treatment plan closely.
Keep all medical records, imaging reports, and documentation of your diagnosis.
Document symptoms as they develop, including mood swings, memory issues, and physical limitations.
Gather witness statements and evidence from the scene of the accident.
Contact a Miami brain injury attorney before speaking with insurance companies.

What compensation can you recover in a Miami TBI claim?

Many TBI victims and their families do not realize the full scope of financial compensation available to them. Depending on the circumstances, you may be able to recover compensation for:

Past and future medical bills, including surgery, rehabilitation, and speech therapy
Lost wages and diminished earning capacity
Long-term physical and cognitive care needs
Pain and suffering
Loss of enjoyment of life
In-home care and medical equipment costs

For a detailed look at how much you may be able to recover, review our page on how much to ask for in a personal injury settlement.

Frequently asked questions about brain injuries in Miami

For answers to the most common questions about TBI claims, visit our traumatic brain injury FAQ page.

Schedule a free consultation with a Miami brain injury lawyer

If you or a loved one have suffered a brain injury due to someone else’s negligence, you may be entitled to fair compensation for your medical treatment, lost wages, and other losses. Many TBI victims wait too long to seek legal representation, which can result in missed deadlines and lost evidence. Contact Bernstein & Maryanoff today for a free consultation with an experienced Miami traumatic brain injury lawyer. There are no upfront costs, and we do not collect fees unless we recover compensation for you.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

Areas We Service in Miami, Florida