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Miami Head & Traumatic Brain Injuries Lawyers

Panter, Panter & Sampedro is a leading personal injury law firm dedicated to protecting Florida’s families. For over 30 years, our experienced trial attorneys have worked one-on-one with clients to successfully get the justice, recovery and compensation they deserve.


Miami Traumatic Brain Injury (TBI) Lawyers

An injury to the brain can have varying effects on any given individual. These can range from a persistent vegetative coma in the most serious cases to mild amnesia or recurring headaches resulting from a concussion.

Every brain injury has the potential to alter — to varying degrees — the personality, thought processes, and emotional life of the victim. They may no longer be the person they once were.

For more than 30 years, the Miami brain injury attorneys at Panter, Panter & Sampedro, P.A., have been protecting the rights of brain injury victims and their families throughout Florida.

Experienced Brain Injury Attorneys in Miami

According to the Mayo Clinic, a traumatic brain injury is often caused by a violent blow to the head or a sudden and forceful shaking of the head or body. TBIs may also be caused by an object traveling into or through the brain tissue, and are much more common than most individuals assume. It is not unusual for individuals involved in an automobile crash or a slip and fall to sustain a traumatic brain injury.  

For instance, a concussion by medical definition is classified as a traumatic brain injury. The University of Pittsburgh Schools of the Health Sciences estimates that between 1.7 to 3 million concussions occur in the United States each year due to sports-related accidents alone. Over fifty million individuals sustain a TBI worldwide each year, as reported by the National Library of Medicine.

Traumatic brain injuries often go overlooked by medical personnel who may label a patient’s file with a “no LOC”,  “mild TBI”, or they may inaccurately use the Glasgow Coma Scale (GCS) score when the patient first visits the hospital. “No LOC” represents “no loss of consciousness” while “mild TBI‘ ‘ or concussion may imply that the patient may experience no long-term effects after the accidents. The Glasgow Coma Scale (GCS), used to assess consciousness after an incident, is scored between 3 and 15, with 3 being the worst and 15 the best. 

Individuals who have suffered a TBI are often involved in subsequent litigation because often another person was partly or wholly at fault for their injuries and they wish to seek compensation. To defend their right to compensation, an individual or their lawyer will document the personal injury case, so that a monetary value may be settled for past, present, and future damages. 

Bad Faith And The Insurance Industry

Misdiagnoses such as those mentioned previously may be used by the insured’s insurance company to pay less in compensation. 

If you have suffered a serious injury, we can help you. Our firm has obtained verdicts and settlements in excess of $120 million for our clients.

We are experienced in handling cases for clients who face life changes — sometimes requiring lifetime care — because of traumatic brain injuries.

Getting results like these for clients takes hard work, expert resources, and thorough preparation. We have an on-staff critical care nurse and a physician who help us assess cases and arrange for the best available medical care. We use technology and expert resources whenever appropriate.

Friends and family members also play a key role in helping us build a successful case. We work closely with the family to put together a picture of who the victim was before the traumatic brain injury, how the injured person has changed, and the effects of those changes on work life, home life, and on the victim.

Types of Traumatic Brain Injury

  • Concussions
  • Brain Contusions
  • Penetrating Brain Injuries
  • Anoxic Brain Injuries

Traumatic Brain Injury Symptoms

While symptoms of traumatic brain injuries may be experienced immediately others may take days or weeks to manifest. Ranging from mild to severe, TBI symptoms have varying physical and psychological effects. 

Signs and symptoms of mild traumatic brain injury may include physical, sensory, cognitive, behavioral, or mental symptoms, including: 

  • Headache
  • Nausea, with or without vomiting
  • Fatigue or languidness
  • Difficulty speaking
  • Loss of balance, coordination, or dizziness
  • Blurred vision
  • Ringing in the ears
  • Changes in taste or smell
  • Sensitivity to light or sound
  • Loss of consciousness lasting from a few seconds to a few minutes
  • A state of confusion without loss of consciousness
  • Challenges with memory or concentration
  • Changes in mood or behavior
  • Feelings of depression or anxiety
  • Difficulty sleeping or sleeping more than usual

The symptoms of moderate to severe brain injuries may include the same symptoms as a mild case, as well as the following symptoms:

  • Loss of consciousness, ranging from several minutes to several hours
  • Persistent or worsening headache
  • Recurring nausea, with or without vomiting
  • Seizures or convulsions
  • Dilated pupils in one or both eyes
  • Clear fluid visible in the nose or ears
  • Inability to awaken or stay awake
  • Numbness or weakness in fingers and/or toes
  • Marked confusion
  • Unusual or agitated behavior that may be aggressive 
  •  Slurred speech
  • Coma or other consciousness disorders

Long-Term Effects of a TBI

The long-term effects of a TBI depend on where the injury took place in the brain. As different areas of the brain control different functions of the body, medical professionals examine where the injury took place when predicting long-term challenges. Long-term effects of head trauma may include: 

  • Headaches
  • Memory loss
  • Seizures
  • Dysequilibrium
  • Changes in vision
  • Fatigue
  • Paralysis
  • Issues with balance
  • Reduced communication skills
  • Persistent mood swings

What Can Cause a Traumatic Brain Injury?

According to the Centers for Disease Control and Prevention (CDC), the most common causes of traumatic brain injuries are falls, vehicular accidents, assaults, and firearm-related accidents. However, any incident which causes a blow to the head or that violently shakes the body or head may result in a TBI.

How Can a TBI Be Diagnosed?

To diagnose a traumatic brain injury, healthcare providers employ various tests and measures. Some of the tests used are imaging tests, the Glasgow Coma Scale (GCS), measurements for the level of TBI (which may include a patient’s level of consciousness, memory loss, and GCS score), blood tests, and other tests, such as speech and language, swallowing abilities, breathing, cognition, and neuropsychological assessments.

PPS Can Help with Your Traumatic Brain Injury Case (Why PPS)

Panter, Panter & Sampedro is among the leading personal injury law firms in South Florida. For more than 30 years, our Board Certified trial attorneys have represented individuals injured by negligent parties in cases of significant size and complexity across various practice areas.

We are a different kind of law firm, with the legal skill and expertise needed to serve our clients and an unwavering dedication to family values.

We believe our success, both inside and outside the courtroom, is defined by what we care about — it’s that simple. Panter, Panter & Sampedro is an award-winning personal injury law firm — but more than that — it is a group of people that genuinely cares about protecting the rights of individuals suffering as a result of wrongdoing and negligence.

Due to our dedication, expertise, and personal attention, our client’s traumatic brain injury cases have resulted in several successful verdicts and settlements in Miami and throughout Florida. For example, our client Simon Rider was awarded a settlement of $7 million in compensation for his injuries incurred when he was thrown from a golf cart. Another client Francisco Rivera, who suffered a traumatic brain injury from a fall down the stairs of the apartment complex in which he lived with his wife, received a $2.875 million settlement thanks to our efforts. For a complete list of verdicts and settlements, visit panterlaw.com/results.

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Traumatic Brain Injury

Frequently Asked Questions

  • Assuming the injury arises from conduct described as negligence, the statute of limitations in Florida for filing a civil lawsuit to receive compensation for a traumatic brain injury is four years.  If the person expires as a result of the TBI, it would be a two year statute of limitations. 

  • The primary difference between a closed head and an open head injury is that while the closed head injury does cause a break in the skull, the open head injury does penetrate the skull. 

    Closed brain injuries may occur when there is rapid back-and-forth movement of the head or body that causes the brain to rock or shake within the skull causing bruising and tearing of brain tissues and blood vessels. Open head injuries occur when there is a break in the skull. A penetrating brain injury is most commonly the result of an object penetrating the skull.  Because the brain is a complex organ some individuals may have both, an open and closed, brain injury.

  • A non-traumatic brain injury, also known as an acquired brain injury (ABI), is an injury that causes damage to the brain because of internal factors such as lack of oxygen, a tumor, or exposure to toxins. 

    In contrast, a traumatic brain injury is caused by an external force that causes the brain to function differently. A traumatic brain injury may be caused by such incidents as falls, motor vehicle accidents, or assaults.

  • Based on the legal theory of negligence, an individual may pursue legal action against any person they believe is at fault for their injuries. In order to prove another individual was negligent, the plaintiff must be able to prove that the defendant acted negligently in the following ways: 

    • The defendant failed in their “duty of care”, was insufficiently careful, or failed to act with reasonable care toward the plaintiff. 
    • The defendant’s actions or inactions resulted in injuries to the plaintiff.
    • The plaintiff suffered measurable injuries or losses due to the negligence of the defendant.
  • There are many factors to consider when evaluating the compensation one should expect following a traumatic brain injury.  Due to the severity of most traumatic brain injuries and their life-altering consequences, it is not unusual for some brain injury cases to have a value of  several millions of dollars. Each case is unique, which is why an individual will have a better understanding of how much their TBI case is worth after presenting the details of their case to an experienced traumatic brain injury attorney.

  • The first step in the traumatic brain injury legal process is for an attorney to collect as much evidence about the accident as possible. An experienced attorney will ask a client what they remember about the accident, when and where it happened, and about any medical attention they received. The attorney may then employ the help of medical professionals and technicians to investigate any acts of potential negligence that led to the client’s accident and subsequent TBI. After sufficient evidence has been collected, an attorney can advise their client on whether to pursue a settlement or initiate litigation.

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