Brain Injury Lawyer Hollywood, FL
If you or someone you love suffered a brain injury, you are almost certainly facing questions that few families are equipped to answer on their own. Brain injuries can be immediate and obvious, or symptoms can emerge slowly over days, weeks, or months. Medical bills can be staggering, and the long-term impact, from cognitive changes to lost earning capacity, often reaches well beyond anything insurance adjusters suggest in early conversations.
Our Hollywood, FL brain injury lawyer represents individuals and families confronting the full range of acquired brain injuries, from mild concussions with persistent symptoms to severe traumatic and non-traumatic brain injuries with lifetime implications. With more than 13 years of personal injury experience, our firm knows what these cases require: careful medical documentation, the right retained witnesses, and preparation that holds up at trial. Loshak Law PLLC offers free, confidential consultations. Schedule yours today.
Why Choose Loshak Law PLLC for Brain Injury Cases in Hollywood, FL?
Brain injury cases are not standard personal injury claims. Symptoms can be subtle, imaging can appear normal in mild cases, and insurers routinely argue that a client is exaggerating or that a pre-existing condition explains the symptoms.
Preparation That Matches Brain Injury Stakes
Brandon F. Loshak founded our firm and personally handles personal injury claims, including brain injury matters. He holds an AV® Preeminent™ rating from Martindale-Hubbell, the highest mark for legal ability and ethical standards. He is admitted to the bar in Florida and Texas, earned his J.D. from St. Thomas University School of Law, and holds a degree in finance from the University of Colorado at Boulder.
Aron Gibson has tried more than 60 jury trials in Florida courts. He was named to the National Trial Lawyers Top 40 Under 40, received the Broward County Bar Association Executive Director Award, and currently serves as President of the Broward County Trial Lawyers Association. Trial readiness is particularly important in brain injury cases, where defense carriers often calculate exposure based on whether the case is likely to reach a jury.
A History of Outcomes in Serious Injury Work
Our personal injury lawyers in Hollywood, FL have recovered millions of dollars for clients hurt in South Florida, including a $2 million policy limits settlement following a catastrophic collision that required five surgeries, a $1.75 million auto accident result, a $1 million Uber auto accident recovery, and an $850,000 motorcycle accident settlement. Past outcomes do not guarantee future results, but they reflect the scale of matters our firm commits to handling, including those involving significant neurological injury.
Pure Contingency With All Case Expenses Advanced
Brain injury cases are expense-intensive. Neurologists, neuropsychologists, life care planners, and vocational specialists all play a role in proving the full scope of a client’s loss. Our firm advances those costs. We work on a pure contingency basis. No hourly fees, no retainer, and no attorney fee is owed unless we obtain compensation for you.
Connections in South Florida’s Medical and Legal Communities
Our firm maintains offices in Hollywood and Fort Lauderdale. Our attorneys know the neurologists, neuropsychologists, and rehabilitation specialists treating patients in Broward County, and we know the judges, defense firms, and adjusters who handle brain injury matters in this region. Both attorneys hold active memberships with the Broward County Bar Association and regularly appear before local courts.
“I had the pleasure of working with Brandon, and I can confidently say they are both professional and compassionate. They take the time to explain every step clearly, making complicated matters easy to understand. Their responsiveness and attention to detail gave me peace of mind, and their strong knowledge of real estate law and transactions makes them an excellent choice for anyone needing legal guidance in property matters.”
Verified Google Review ⭐⭐⭐⭐⭐
Read more reviews on our Google Business Profile.
Types of Brain Injury Cases We Handle in Hollywood
Brain injuries arise from a wide range of circumstances, and the case strategy shifts depending on the mechanism of injury, the medical presentation, and the parties involved.
- Car accidents. Car collisions, from rear-end impacts to side-impact crashes, routinely produce concussions, diffuse axonal injury, and focal contusions. Even collisions that appear minor can cause significant neurological consequences, and carriers often resist claims on that basis.
- Truck accidents. The forces generated in collisions with tractor-trailers and box trucks regularly produce catastrophic brain injury. These cases often involve commercial insurance, federal motor carrier regulations, and employer liability that expand the pool of available coverage.
- Motorcycle accidents. Riders struck by motorists face extreme vulnerability to brain injury, even when wearing a helmet. These cases benefit from Florida’s motorcycle-specific insurance framework and from the posture Florida courts take toward impaired and reckless drivers.
- Slip and fall accidents. Slip and fall, trip and fall, and stair-related incidents on business premises produce a substantial share of brain injury cases, particularly among older adults. Premises liability principles and Florida’s transitory foreign substance statute govern these matters.
- Workplace and construction accidents. Construction and industrial settings produce brain injuries through falls from heights, struck-by-object events, and equipment malfunctions. These cases often involve a workers’ compensation claim alongside a third-party liability case against a contractor or equipment manufacturer.
- Non-traumatic and anoxic brain injuries. Oxygen deprivation events, including surgical complications, near-drowning, and cardiac arrest scenarios with delayed intervention, produce serious brain injuries without a blow to the head. These matters frequently involve medical negligence analysis and a separate set of causation challenges.
Florida Legal Requirements for Brain Injury Claims
Florida law offers avenues for recovery for victims in brain injury cases. The governing rules depend on the specific mechanism of injury and the party responsible.
Negligence principles apply broadly. Whether a brain injury arises from a motor vehicle collision, a fall, a workplace incident, or a medical setting, the foundation is ordinary negligence law. The injured party must prove duty, breach, causation, and damages. Causation is frequently the contested issue in brain injury cases, particularly for mild and moderate injuries where imaging studies may appear normal and symptoms depend on the patient’s self-report.
Two-year filing deadline for negligence. Under Florida Statute § 95.11, as amended by House Bill 837 in 2023, most negligence claims must be filed within two years of the injury. Medical negligence claims follow a separate framework with different deadlines and presuit requirements.
Modified comparative negligence. Under Florida Statute § 768.81, a plaintiff found more than 50% at fault recovers nothing. Comparative arguments arise regularly in brain injury cases, particularly when a pre-existing condition, alcohol use, or delayed treatment is in play. Early documentation of symptoms and treatment protects against those arguments.
Florida’s Brain and Spinal Cord Injury Program. Under Florida Statute § 381.79, the state operates the Brain and Spinal Cord Injury Program (BSCIP) through the Florida Department of Health. BSCIP provides case management, rehabilitation services, and funding support for eligible Floridians with moderate to severe brain or spinal cord injuries. Accessing BSCIP benefits does not preclude a civil claim and often supplements the compensation available through insurance and litigation.
Motor vehicle and premises-based frameworks. When a brain injury arises from a motor vehicle crash, Florida’s PIP statute and the modified comparative negligence rule intersect with the statutory tort threshold. When it arises on a business premises, the transitory foreign substance statute and common-law premises liability framework govern. Our firm tailors the legal strategy to the specific facts rather than running every case through a single template.
What Damages Are Recoverable in Hollywood Brain Injury Cases?
Brain injury cases in Florida give rise to the same three categories of damages available in other personal injury matters, with the scale of each category often running unusually large given the long-term implications of neurological injury.
Economic damages cover the verifiable financial losses. These include emergency care, neurosurgery, neurology consultations, neuropsychological testing, imaging (CT, MRI, diffusion tensor imaging), rehabilitation and cognitive therapy, assistive devices, home modifications, in-home care, and future medical care. On the income side, lost wages and diminished earning capacity are often substantial because brain injuries frequently affect the cognitive and executive functions required for skilled work. In catastrophic cases, our firm retains life care planners to project lifetime costs that often reach into the millions.
Non-economic damages compensate for the human impact of a brain injury: physical pain, emotional distress, mood and personality changes, loss of enjoyment of life, loss of consortium for spouses, and the interruption of the patient’s ordinary life roles. Families frequently describe the experience of watching a loved one become a different person, and that loss is legally cognizable as part of the case value.
Punitive damages are reserved for cases involving egregious conduct, such as a DUI crash that produces a brain injury or an employer’s knowing disregard of a safety rule. Florida law ordinarily requires clear and convincing evidence of gross negligence or intentional misconduct and applies statutory caps, though those caps do not apply to defendants who were intoxicated at the time of the underlying act.
According to the Centers for Disease Control and Prevention, TBI contributes to tens of thousands of deaths in the United States each year and leaves many more survivors with lifelong disability. The National Institute of Neurological Disorders and Stroke provides additional clinical resources on the spectrum of brain injury outcomes, and the Brain Injury Association of America offers support and advocacy resources for survivors and their families.
Contact Loshak Law PLLC
If you or someone you love has suffered a brain injury in Hollywood or the surrounding area, the early weeks after the event matter. Medical documentation contemporaneous with the injury carries more weight than records generated later, and the evidence needed to connect the injury to the responsible party can deteriorate quickly.
When you reach out, we will listen to what happened, review medical records and any incident reports, help coordinate with treating physicians and specialists, send preservation letters to relevant parties, walk through Florida’s two-year filing window, and assess BSCIP eligibility where appropriate.
Consultations at Loshak Law PLLC are free, and our firm works on contingency. No attorney’s fee is owed unless we recover compensation for you. Contact our office to schedule your free case review with our Hollywood brain injury lawyer today.
