TBI & Brain Injury Lawyer
A traumatic brain injury (TBI) can happen in seconds — and change everything that follows. Car crashes, truck collisions, slip and falls, and workplace accidents are among the most common causes of TBI in South Florida. The injury may leave you unable to work, struggling with memory or concentration, or dealing with personality changes your family barely recognizes. What makes brain injuries especially dangerous is that the full extent of damage is not always obvious at the scene. Symptoms may take days or weeks to appear, and by then critical deadlines and evidence may already be slipping away.
Eric A. Hernandez of HLM Injury Lawyers has spent more than 25 years representing people seriously hurt through no fault of their own. As a former Assistant U.S. Attorney for the Southern District of Florida and a former law clerk for Chief Justice Charles T. Wells of the Florida Supreme Court, Eric brings a level of legal rigor to TBI cases that insurance companies notice — and the courtroom experience to pursue full compensation for what you have been through.
If you or someone you love has suffered a brain injury, do not wait to get legal advice. Call HLM Injury Lawyers at (305) 842-2100 for a free consultation. We serve clients across Coral Springs, Parkland, Coconut Creek, Margate, Tamarac, Pompano Beach, and all of Broward County.
Common Causes of Traumatic Brain Injuries in South Florida
TBIs result from any blow, jolt, or penetrating injury to the head that disrupts normal brain function. The most frequent causes we see include:
Motor Vehicle Accidents: Car crashes, truck accidents, and motorcycle collisions generate enormous force. Even with airbags, the brain can slam against the inside of the skull on impact, causing injury without any visible external wound.
Slip and Fall Accidents: Falls are a leading cause of TBI across all age groups. A wet floor, an uneven surface, or a broken step can send a person to the ground head-first against a hard surface.
Pedestrian and Bicycle Accidents: When a vehicle strikes a pedestrian or cyclist, the victim often falls and strikes the pavement headfirst. These accidents produce some of the most severe TBI outcomes.
Construction and Workplace Accidents: Falling objects, scaffold collapses, and equipment failures expose workers to serious head trauma on job sites across Broward County.
Premises Liability Incidents: Property owners who fail to maintain safe conditions — broken staircases, poor lighting, inadequate security — can be liable when those conditions lead to a head injury.
TBI Symptoms You Should Not Ignore
Brain injuries present differently in every person, and the absence of immediate symptoms does not mean the absence of injury. Symptoms may take days or weeks to appear — one reason victims often underestimate how seriously they have been hurt.
Physical Symptoms: Headaches, nausea, dizziness, blurred vision, fatigue, sensitivity to light or sound, and sleep disturbances are common early signs.
Cognitive Symptoms: Difficulty concentrating, memory problems, slower processing speed, and confusion are hallmark signs that the brain has been affected.
Emotional and Behavioral Changes: Irritability, anxiety, depression, and uncharacteristic mood swings frequently accompany moderate to severe TBIs. Family members often notice these changes before the injured person does.
Severe Symptoms: Loss of consciousness, repeated vomiting, seizures, slurred speech, and significant confusion indicate a serious injury requiring emergency care.
If you took a head impact in any accident, get evaluated as soon as possible — even if you feel fine. Early documentation is critical for both your health and your legal case.
Steps to Take After a Brain Injury Accident
What you do in the days and weeks after a head injury directly affects your health and your ability to recover compensation.
Seek Medical Attention Immediately: Under Florida’s Personal Injury Protection (PIP) insurance system, you must begin medical treatment within 14 days of an accident to preserve your PIP benefits — a minimum of $10,000 in coverage. Early evaluation also establishes a medical record connecting your symptoms to the accident.
Follow All Medical Advice: Attend every appointment, complete recommended imaging studies, and follow through with specialist referrals. Gaps in treatment give insurers ammunition to argue your injuries were not serious.
Document Everything: Keep a daily journal of your symptoms and limitations. Save all medical bills, prescriptions, and correspondence with insurers.
Do Not Give Recorded Statements: Adjusters often contact victims quickly, before the full extent of a TBI is understood. Do not provide a recorded statement without speaking to an attorney first.
Contact HLM Injury Lawyers: The sooner we get involved, the sooner we can preserve evidence, identify all responsible parties, and begin building your case.
Florida Law and TBI Claims
The Serious Injury Threshold: Florida operates under a no-fault insurance system, so your own PIP coverage pays for initial medical expenses regardless of fault. But PIP coverage has limits. To bring a claim directly against the at-fault driver, your injury must meet Florida’s serious injury threshold — a significant or permanent injury, significant scarring or disfigurement, or death. Moderate to severe TBIs regularly qualify, and even milder ones that produce permanent cognitive effects meet this standard.
Statute of Limitations: Florida’s 2023 tort reform law (HB 837) reduced the statute of limitations for negligence claims to 2 years from the date of the accident, down from the prior 4-year period. This is a hard deadline — miss it and you almost certainly lose your right to compensation entirely. Do not delay in consulting an attorney.
Comparative Negligence: Florida follows a modified comparative negligence rule. If you are found 51% or more responsible for the accident, you cannot recover. Below that threshold — including when you are exactly 50% at fault — you can still recover, with your award reduced by your percentage of fault.
Why Hire Eric Hernandez for Your Brain Injury Case
- A Prosecutor’s Perspective: Eric’s years as a federal prosecutor taught him how to build meticulous, evidence-driven cases against well-funded opponents. Insurers and their lawyers are prepared for ordinary claims — not for the level of preparation Eric brings to every TBI case.
- Direct Attorney Access: When you hire HLM Injury Lawyers, you work directly with Eric — not a junior associate or a case manager. He knows your file, returns your calls, and makes the strategic decisions that affect your outcome.
- Trial-Ready Representation: Many firms settle because they are not willing or able to go to trial. Eric has more than 25 years of courtroom experience and is admitted to the U.S. Supreme Court Bar. Insurance companies know he will try a case, which changes how they negotiate.
- Bilingual Service / No Fee Unless We Win: HLM Injury Lawyers serves clients in both English and Spanish. We handle TBI cases on a contingency fee basis — you pay no attorney’s fees unless we recover compensation for you.
Frequently Asked Questions
What if my TBI symptoms did not appear until days after the accident?
This is common with brain injuries, and delayed onset does not make your claim invalid. What matters is establishing the connection between the accident and your injury through medical evaluation and documentation. The sooner you seek care and consult an attorney, the stronger that connection.
How much is a TBI case worth?
There is no universal answer. Compensation depends on the severity of the injury, past and future medical care, lost income and earning capacity, and the impact on your quality of life. Severe TBIs with permanent effects can result in substantial awards. Every case is evaluated on its own facts.
Can I still recover compensation if I was partly at fault?
Possibly. Under Florida’s modified comparative negligence rule, you can recover if your share of fault is less than 51% — a plaintiff exactly 50% at fault can still recover. Your compensation is reduced by your percentage of fault, but you are not barred unless your responsibility reaches 51% or more.
What if the at-fault driver does not have enough insurance?
If the at-fault party is uninsured or underinsured, your own uninsured/underinsured motorist (UM/UIM) coverage may apply. Florida does not require drivers to carry bodily injury (BI) liability coverage, which makes UM/UIM coverage especially important in TBI cases involving significant damages.
Do I need to go to court?
Not necessarily. Many TBI cases resolve through negotiated settlements. But for serious injuries, insurers may not offer fair value without the credible threat of trial. Eric is prepared to take your case to a jury if that is what it takes.
How long does a TBI claim take?
The timeline varies. Cases with clear liability and well-documented injuries often resolve in months; those involving severe injury, disputed fault, or uncooperative insurers can take longer. We keep clients informed at every stage and do not push quick settlements that undervalue serious injuries.
Contact HLM Injury Lawyers — Free Consultation
A brain injury is not something to manage alone — the stakes are too high and the deadlines too short. Call HLM Injury Lawyers at (305) 842-2100 for a free consultation, or reach out through hlminjurylawyers.com. We represent TBI victims throughout Coral Springs, Parkland, Coconut Creek, Margate, Tamarac, Pompano Beach, and all of Broward County.
Free consultation. No fee unless we win.