TBI Lawyer Hollywood, FL
Our Hollywood, FL TBI lawyer represents individuals and families dealing with the aftermath of traumatic brain injuries caused by another party’s negligence. With more than 13 years of experience in serious injury matters, our firm knows how to work with neurologists, neuropsychologists, and life care planners to document what happened and to project what the medical and financial road ahead looks like. Loshak Law PLLC offers free, confidential consultations. Schedule yours today.
Why Choose Loshak Law PLLC for TBI Cases in Hollywood, FL?
TBI cases are not standard injury cases. They require long-term medical modeling, nuanced non-economic damages, and a willingness to push back when insurers try to minimize what they sometimes call “invisible” injuries. Our firm handles these matters with that reality in mind.
Trial-Ready Counsel for Catastrophic Injury Matters
Brandon F. Loshak founded our firm and personally handles personal injury matters. He holds an AV® Preeminent™ rating from Martindale-Hubbell, the highest mark for legal ability and ethical standards. He is admitted to practice 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. Before opening our firm, he practiced at one of the largest and most prestigious firms in the country.
Aron Gibson brings more than 60 jury trials of courtroom experience to serious injury matters. 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.
Record of Recoveries in Serious Injury Matters
Our personal injury lawyers in Hollywood, FL have recovered millions of dollars for clients hurt in serious incidents, including a $2 million policy limits settlement after a catastrophic collision that required five surgeries and nearly six months of hospitalization, a $1.75 million auto accident result, a $1 million Uber auto accident outcome, and an $850,000 motorcycle accident recovery. Past outcomes do not guarantee future results, but they reflect the scale of cases our firm prepares to handle.
Contingency Representation Through Complex Cases
Brain injury cases require investment. Neuropsychological testing, neurology consultations, life care planning, and vocational projections all cost money. Our firm advances those expenses and works on a pure contingency basis. There is no attorney fee unless we recover compensation for you.
Familiarity With Medical and Legal Systems in Broward County
With offices in Hollywood and Fort Lauderdale, our attorneys know the region’s trauma centers, rehabilitation facilities, and neurological specialists. We also know the Broward County judges, adjusters, and defense firms that work these cases. Both attorneys hold active memberships with the Broward County Bar Association. That familiarity shapes how we evaluate settlement offers and prepare cases for potential trial.
“Brandon is an excellent attorney who treats his clients with care and compassion. He’s a stand up guy who is always looking out for the best interest of his clients. I would highly recommend Brandon and his team.”
Brian Gottlieb ⭐⭐⭐⭐⭐
Read more reviews on our Google Business Profile.
Types of TBI Cases We Handle in Hollywood
Traumatic brain injuries follow a fairly predictable set of causes. The damage depends on the mechanism of injury, the force involved, and whether the head made contact with an object or was rapidly accelerated and decelerated without direct impact. Our firm handles TBI matters that arise from auto collisions, falls, workplace incidents, and a range of other negligence scenarios.
- Car accidents. A sudden acceleration-deceleration event can cause the brain to strike the interior of the skull, producing diffuse axonal injury even when the skull itself remains intact. Many mild TBIs are missed at the scene and only become apparent days or weeks later.
- Motorcycle accidents. Riders are disproportionately represented in severe TBI statistics because, even with helmets, the kinetic energy involved in bike crashes is substantial. Our firm has handled motorcycle matters involving serious head injuries.
- Truck accidents. The mass and speed of large trucks generate forces that frequently result in moderate-to-severe brain injuries to occupants of smaller vehicles, and liability analysis often extends to the motor carrier and its insurer.
- Falls and premises incidents. A fall from height, a slip on a stair, or a struck-by-object incident at a commercial property can produce a TBI without any visible external injury. Premises liability investigation focuses on hazard, notice, and duty.
- Workplace and construction incidents. Construction sites, warehouses, and industrial facilities generate head injuries through falls, struck-by incidents, and equipment malfunctions. Claims often involve both workers’ compensation and third-party negligence components.
- Assault, sports, and recreational incidents. Defective helmets, negligent supervision, and inadequate safety protocols can give rise to TBI claims outside the traditional motor vehicle context.
Florida Legal Requirements for TBI Claims
A TBI claim in Florida runs through the same general negligence framework as other injury cases, with a few wrinkles that matter specifically for brain-injured clients.
Two-year filing deadline. Under Florida Statute § 95.11, as amended by House Bill 837 in 2023, negligence claims must be filed within two years of the injury. For TBIs, that deadline ordinarily runs from the date of the incident that caused the injury. In limited situations, Florida law recognizes a delayed discovery rule for injuries that could not reasonably have been discovered at the time, but the rule is narrow.
Modified comparative negligence. Under Florida Statute § 768.81, a plaintiff found more than 50% at fault recovers nothing. For TBI victims, this rule matters because adjusters often argue the injured person contributed to the event. Documenting the facts early is essential to rebut those arguments.
Florida’s Brain and Spinal Cord Injury Program. The state administers the Brain and Spinal Cord Injury Program through the Department of Health. Under Florida Statute § 381.79, the program serves as a payer of last resort for qualifying Florida residents with moderate-to-severe TBIs. Acceptance of program services may create a statutory lien on any third-party recovery, which an experienced attorney handles during settlement negotiations.
Crash reporting for motor-vehicle TBIs. When the injury arises from a crash, Florida law requires reporting. The Florida Department of Highway Safety maintains the state’s official crash records.
What Damages Are Recoverable in Hollywood TBI Cases?
Florida law allows TBI victims to recover three broad categories of damages: economic, non-economic, and in exceptional cases, punitive. Brain injury claims often carry extraordinarily high values because the consequences extend across decades.
Economic damages cover the documentable financial losses tied to the injury. For TBI cases, that often includes acute hospital care, surgery, neurocritical ICU stays, in-patient rehabilitation at a TBI-designated facility, out-patient cognitive and physical therapy, neuropsychological testing, medications, assistive technology (augmentative communication devices, mobility aids), home and vehicle modifications, attendant care, and long-term skilled nursing when needed. On the income side, TBI victims may lose the ability to return to their prior occupation or to any substantial gainful employment; our firm retains vocational specialists and economists to quantify those losses.
Non-economic damages compensate for the human impact of the injury: physical pain, emotional suffering, anxiety, depression, loss of enjoyment of life, loss of consortium, and the cognitive and personality changes that frequently follow moderate and severe TBIs. According to the Centers for Disease Control and Prevention, there were approximately 214,110 TBI-related hospitalizations in 2020 and more than 69,000 TBI-related deaths in 2021. Moderate and severe TBIs may lead to long-term or lifelong health problems that affect every facet of a person’s life.
Punitive damages may apply in rare cases where the conduct was especially egregious, such as a drunk driver, a fleeing felon, or an employer that knowingly concealed a workplace hazard. Florida law imposes statutory caps in most situations and requires clear and convincing evidence of gross negligence or intentional misconduct.
Life care planning is essential in serious TBI matters. The National Institute of Neurological Disorders and Stroke notes that TBI outcomes can include permanent disability, and any verdict or settlement must account for the lifetime cost of care rather than past medical bills alone.
Contact Loshak Law PLLC
If you or a family member has suffered a traumatic brain injury, the time to speak with a lawyer is now. Brain injury cases require early medical documentation, preservation of scene evidence, and coordination with neurological specialists who can speak to the long-term prognosis.
When you reach out to Loshak Law PLLC, we will listen to what happened, review medical records and any available imaging, walk through Florida’s two-year filing deadline, and outline the insurance and third-party coverage analysis specific to your situation. Our consultations are free, and our firm works on contingency. No attorney fee is owed unless we recover compensation for you.
Contact our office to schedule your free case review with our Hollywood TBI lawyer today.
