If you or a loved one suffered a traumatic brain injury in Bonita Springs, you need an experienced attorney who understands the complexity of these cases. Parker Waichman LLP has recovered millions for clients with catastrophic injuries, including traumatic brain injuries. We handle every aspect of your case while you focus on recovery. Our attorneys work on a contingency fee basis, which means you pay nothing unless we win your case.

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    Why Choose Parker Waichman LLP for Your Traumatic Brain Injury Claim

    When you suffer a traumatic brain injury, the path forward feels overwhelming. Medical bills pile up. You may struggle with cognitive changes or physical limitations. Insurance companies often underestimate the true value of your claim. Parker Waichman LLP brings decades of experience handling catastrophic injury cases. Our team has recovered over $2 billion for clients across all practice areas, including substantial settlements for brain injury victims. We’ve secured $10 million for a family injured in a catastrophic auto accident, $6.2 million for a construction worker with permanent disabilities, and $4.5 million for a pedestrian with life-altering injuries.

    Our founding partner, Jerrold S. Parker, has been recognized by Best Lawyers for personal injury litigation since 2010. We maintain a Martindale-Hubbell AV Preeminent rating and have been named to the National Trial Lawyers Top 100. Our clients rate us 4.8 out of 5 stars across 549 reviews. We serve Bonita Springs from our local office, and we understand the unique challenges facing injured residents in Southwest Florida.

    Understanding Traumatic Brain Injury and Its Effects

    A traumatic brain injury occurs when a sudden impact or jolt damages the brain. This can happen from a blow to the head, penetrating injury, or violent shaking. TBIs range from mild concussions to severe injuries that cause permanent disability. The brain controls everything—your thoughts, movements, emotions, and memories. When the brain sustains trauma, the effects ripple through every aspect of your life.

    Immediate symptoms of traumatic brain injury include headache, confusion, dizziness, nausea, and loss of consciousness. Some people lose consciousness for seconds, while others remain unconscious for days or weeks. You might experience sensitivity to light and sound, difficulty concentrating, or mood changes. These early signs matter. Seek medical attention immediately after any head injury, even if you feel fine at first. According to the CDC, prompt medical evaluation is critical for proper diagnosis and treatment.

    Long-term effects of traumatic brain injury can be far more serious. Many TBI survivors experience cognitive problems like difficulty concentrating, memory loss, or trouble with problem-solving. Physical effects include chronic headaches, balance problems, fatigue, and sleep disturbances. Emotional and behavioral changes are common, too—depression, anxiety, irritability, and personality changes. Some people develop post-traumatic stress disorder. Recovery varies widely. Some people recover fully within weeks or months. Others require years of rehabilitation. Some effects become permanent. The severity depends on the injury’s location, the force of impact, and your age and overall health at the time of injury.

    How Traumatic Brain Injuries Happen in Bonita Springs

    Motor vehicle accidents cause many traumatic brain injuries, though falls are the leading cause of non-fatal TBI hospitalizations in Florida. Motor vehicle accidents are particularly significant in causing severe and moderate brain injuries. A car accident, truck collision, or motorcycle accident can cause your head to strike the steering wheel, dashboard, or window. Even at moderate speeds, the sudden deceleration can cause your brain to move within your skull, causing injury.

    Slip and fall accidents are another common cause. You might fall on a wet floor, trip over an uneven surface, or slip on ice. Falls from height—off a ladder, balcony, or roof—cause particularly severe injuries. Workplace injuries also lead to traumatic brain injuries. Construction workers face hazards from falling objects or falls from scaffolding. Factory workers might suffer head injuries from machinery.

    Pedestrian accidents occur when a vehicle strikes someone on foot. The impact can throw you to the ground or cause your head to strike the vehicle. Bicycle accidents, especially without a helmet, frequently result in traumatic brain injuries. Sports-related injuries from football, soccer, or other contact sports can cause concussions and more serious brain injuries. Premises liability incidents—such as inadequate security leading to assault, or a business owner’s failure to maintain safe conditions—can also cause traumatic brain injuries.

    Compensation Available for Traumatic Brain Injury

    When someone else’s negligence causes your traumatic brain injury, you have the right to seek compensation. This includes both economic damages and non-economic damages.

    Economic Damages

    Economic damages cover the financial losses you incur because of your injury. Medical expenses form a major part of this category. Your claim includes emergency room treatment, hospital stays, surgery, imaging studies like MRI and CT scans, and ongoing medical care. Rehabilitation costs are substantial for brain injury survivors. Physical therapy, occupational therapy, speech therapy, and neuropsychological treatment all help with recovery. These services often continue for months or years. Lost wages represent income you would have earned if you hadn’t been injured. If your injury prevents you from returning to work, you can claim lost earning capacity—the difference between what you would have earned and what you can earn now. Home modifications may be necessary. You might need wheelchair ramps, bathroom modifications, or specialized equipment. Nursing care or in-home assistance costs are recoverable if your injury requires ongoing support.

    Non-Economic Damages

    Non-economic damages compensate you for the non-financial harm you’ve suffered. Pain and suffering covers the physical pain from your injury and the emotional distress of living with a traumatic brain injury. Loss of enjoyment of life recognizes that your injury may prevent you from doing activities you once enjoyed. If you can no longer play sports, travel, or spend time with family the way you did before, you deserve compensation for that loss. Emotional distress—including depression, anxiety, and PTSD—is compensable. Loss of companionship applies if your injury affects your relationships with family members.

    The Legal Process for TBI Claims

    After you hire Parker Waichman LLP, we begin a thorough investigation. We gather medical records, accident reports, and witness statements. We photograph the accident scene and collect evidence about how the injury occurred. We work with medical experts to understand your injury and its long-term effects. We determine who was at fault. Was the other driver negligent? Did a property owner fail to maintain safe conditions? Did a manufacturer create a defective product? We identify all responsible parties.

    Next, we negotiate with insurance companies. Insurance adjusters often try to minimize claims. They may argue that your injury isn’t as serious as you claim, or that you were partially at fault. We counter these arguments with evidence and expert testimony. We calculate the true value of your claim based on your medical expenses, lost wages, and the severity of your injury.

    Most traumatic brain injury cases settle before trial. Settlement allows you to receive compensation without the uncertainty and delay of litigation. However, if the insurance company refuses to offer fair compensation, we prepare your case for trial. We’re prepared to litigate aggressively on your behalf. The timeline varies. Simple cases may settle within months. Complex cases with severe injuries typically take one to three years.

    Why You Need an Attorney for Your TBI Case

    Traumatic brain injury cases are complex. Insurance companies have teams of adjusters and lawyers working to minimize what they pay. You need an experienced attorney on your side. We coordinate with medical experts—neurologists, neuropsychologists, and rehabilitation specialists—to document the full extent of your injury. We understand how to present medical evidence to insurance companies and juries. We know the tactics insurance companies use to undervalue claims, and we counter them effectively. We calculate your damages accurately, ensuring you receive compensation for all your losses—past, present, and future. We protect your rights throughout the process. We handle all communication with insurance companies so you can focus on recovery.

    Frequently Asked Questions About Traumatic Brain Injury Claims

    What is the statute of limitations for a traumatic brain injury claim in Florida?

    Under the recent Florida Tort Reform (HB 837), the statute of limitations for general negligence claims has been reduced to two years for accidents occurring after March 24, 2023. While some exceptions exist, assuming you have four years is a dangerous mistake that could permanently bar your claim. You must act quickly. However, don’t wait until the last moment. Evidence can disappear, witnesses’ memories fade, and medical records become harder to obtain. Contact Parker Waichman LLP as soon as possible after your injury.

    How much is my traumatic brain injury case worth?

    The value of your case depends on many factors. Severe injuries with permanent disability are worth more than mild concussions. Cases involving high medical expenses and lost wages are worth more than cases with lower costs. Your age and earning capacity matter—a younger person with decades of lost earning potential has a higher claim value than an older person. The strength of liability evidence affects value, too. If liability is clear, your case is worth more. If liability is disputed, the value decreases. We evaluate all these factors to determine a realistic settlement range for your case.

    Do I have to go to trial for my TBI case?

    Most traumatic brain injury cases settle without going to trial. Settlement is faster and more certain than trial. However, if the insurance company refuses to offer fair compensation, we’re prepared to take your case to trial. We have extensive trial experience and have recovered substantial verdicts and settlements for our clients.

    What if I was partially at fault for the accident?

    Florida follows comparative negligence rules under Florida Statute § 768.81. Florida follows a Modified Comparative Negligence system. While you can recover if you are partially at fault, there is a strict limit: if you are found to be more than 50% responsible for the accident, you are barred from recovering any compensation. This makes our investigation into fault absolutely critical to protect your right to a settlement.

    How long does a traumatic brain injury case take?

    The timeline depends on the case’s complexity. Simple cases with clear liability and documented injuries may settle within six months to a year. Complex cases involving severe injuries, multiple defendants, or disputed liability typically take one to three years. We keep you informed throughout the process and work efficiently to resolve your case.

    Will I have to pay upfront costs?

    No. Parker Waichman LLP works on a contingency fee basis. You pay nothing upfront. We cover the costs of investigation, expert witnesses, and litigation. We only get paid if we win your case through settlement or verdict. If we don’t recover compensation for you, you owe us nothing.

    What should I do immediately after a traumatic brain injury?

    First, seek medical attention immediately. Even if you feel fine, get evaluated by a doctor. Some brain injuries don’t show symptoms right away. Second, document everything. Take photos of the accident scene, your injuries, and any property damage. Get contact information from witnesses. Write down what happened while it’s fresh in your memory. Third, contact Parker Waichman LLP. The sooner we begin our investigation, the better. Don’t give statements to insurance companies without speaking to an attorney first.

    Contact Parker Waichman LLP for Your Free Consultation

    If you suffered a traumatic brain injury in Bonita Springs, don’t face this alone. Parker Waichman LLP is ready to help. We offer a free consultation to discuss your case. Call 800-968-7529 today. Our team serves Bonita Springs and all of Southwest Florida. We’re here to fight for the compensation you deserve while you focus on recovery.

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