Orlando Brain Injury Lawyer

A brain injury does not always look serious from the outside. There may be no visible wound, no cast, and no obvious sign to anyone watching that something has permanently changed. But inside, the damage to how a person thinks, remembers, communicates, and manages emotions can be devastating and lasting.

For families in Orlando dealing with this, the gap between what insurance will cover and what the injury will actually cost over a lifetime is often enormous.

Smith, Feddeler & Smith, P.A., represents brain injury survivors and their families throughout Orlando and Orange County. Call (407) 848-5178 or contact us online for a free case evaluation.

What Sets Our Firm Apart in Brain Injury Cases

These cases are not resolved with a demand letter and a phone call. They require medical experts who can translate neurological damage into terms a jury understands, life care planners who can project the real cost of what lies ahead, and vocational specialists who can speak to what the injury has done to someone’s professional future. That is the infrastructure a brain injury case actually requires, and it is what our firm brings.

At Smith, Feddeler & Smith, P.A., we have spent years building a reputation for taking cases through trial when a settlement offer does not reflect what a client genuinely lost. The carriers and defense firms we regularly face in Orlando and throughout Florida know that going in, and it affects the way those conversations go. 

We take cases on a contingency basis, meaning our fee is a percentage of what we recover for you, and there is no charge if there is no recovery.

Orlando’s Roads and Properties Create Accident Risks

The same factors that make Orlando one of the most visited cities in the country also make it one where serious accidents are a daily reality. Heavy tourist traffic, perpetual construction, and an oversized hospitality industry mean more vehicles, more pedestrians, and greater pressure on roads and properties that are not always well-maintained.

Brain injuries in the Orlando area frequently arise from accidents on or near:

• I-4, where construction zones, high speeds, and distracted drivers combine to produce some of the most serious vehicle collisions in the state
• US-192 and International Drive, where pedestrian and bicycle traffic mix with heavy tourist vehicle flow
• SR-408 and the Florida Turnpike, where commercial truck traffic creates elevated crash severity
• Hotel, resort, and theme park properties where slip and fall accidents, inadequate supervision, or equipment failures injure guests
• Construction sites across Orange County, where falls from elevation or being struck by objects are among the leading causes of traumatic brain injury for workers
• Nursing homes and assisted living facilities, where falls due to inadequate supervision or understaffing cause head injuries in some of the most vulnerable residents

How Injury Severity Affects a Legal Claim

The Centers for Disease Control and Prevention classifies traumatic brain injuries across a spectrum, and where your injury falls on that scale directly affects how damages are calculated and what expert testimony is needed to support your claim.

• Mild TBI (concussion): Temporary confusion, headaches, and memory disruption that sometimes resolve within weeks, though a meaningful percentage of patients develop post-concussion syndrome lasting months or longer.
• Moderate TBI: A loss of consciousness lasting minutes to hours, with cognitive and physical effects that typically require extended rehabilitation and may not fully resolve.
• Severe TBI: Prolonged unconsciousness or coma with a high probability of permanent disability affecting cognition, communication, mobility, and independent living.

The word “mild” in a medical chart does not translate to minor in a legal claim. A mild TBI that disrupts concentration, causes chronic headaches, or affects the ability to return to a demanding job carries real and documentable losses that belong in any fair settlement or verdict.

Calculating the True Cost of a Brain Injury

Insurance carriers in brain injury cases frequently push for early resolution before the full picture of the injury is understood. A settlement signed too soon can leave a family without any recourse for costs that emerge over the following years. A thorough claim accounts for both what has already been spent and what lies ahead, including:

• Emergency transport, neurosurgical intervention, and intensive care hospitalization
• Inpatient rehabilitation and neurological therapy following acute care
• Long-term outpatient services, including cognitive rehabilitation, speech therapy, and neuropsychological evaluation
• Prescription medication and assistive equipment
• Home care assistance or structural modifications to the home if independent living is affected
• Income lost while recovering
• Future lost earning capacity if the injury prevents a return to prior work
• Pain, suffering, and the loss of activities and relationships that gave daily life meaning
• Lifetime care projections developed with a certified life care planner

Brain Injury Care in Orlando

Orlando Health Orlando Regional Medical Center serves as a Level I trauma center and is the primary destination for the most severe traumatic brain injuries in the region. AdventHealth Orlando on Rollins Street provides neurological care and rehabilitation services for brain injury survivors requiring step-down care after acute hospitalization. For patients moving into extended rehabilitation, Brooks Rehabilitation serves the greater Orlando area with programs specifically built around acquired and traumatic brain injury recovery.

Access to these facilities matters, but so does understanding that acute hospital care is only the beginning. Cognitive rehabilitation, psychological support, and occupational therapy stretch well beyond discharge and account for a significant portion of a brain injury’s long-term cost.

The Legal Rules That Govern Your Claim

Fault and How It Affects Recovery

Florida’s modified comparative negligence rule under Florida Statutes § 768.81 reduces your compensation by whatever percentage of fault is assigned to you. At 50% or less fault, you can still recover. Above 50%, recovery is barred entirely. In high-value brain injury cases, defense teams invest significant effort into shifting fault onto the injured person, and countering that effort requires preparation, not just documentation.

The Filing Deadline

Florida sets a two-year window to file a personal injury lawsuit from the date of the accident under Florida Statutes § 95.11. Brain injuries sometimes involve delayed recognition of symptoms, but the clock generally starts on the date of the incident rather than the date a diagnosis is confirmed. Waiting too long forfeits the right to pursue anything, regardless of circumstances.

When a Brain Injury Is Fatal

Florida’s Wrongful Death Act under Florida Statutes § 768.19 gives surviving family members a path to compensation that includes medical costs incurred before death, lost financial support, funeral expenses, and the loss of the relationship itself. The two-year period runs from the date of death.

On-the-Job Brain Injuries

Florida’s workers’ compensation system under Florida Statutes § 440.10 provides medical benefits and partial wage replacement for employees hurt at work, but it is not the only option available. If anyone outside of your direct employer, such as a contractor, property owner, or equipment supplier, bears responsibility for what happened, a civil claim against that party is a separate avenue that workers’ compensation does not bar. Pursuing both simultaneously is often what makes full recovery possible.

Frequently Asked Questions About Orlando Brain Injuries

What If Symptoms Did Not Appear Until Days After the Accident?

Delayed onset is a documented feature of many traumatic brain injuries, particularly in the mild to moderate range. Headaches, cognitive fog, sleep problems, and personality changes often surface days after impact. Seek a medical evaluation as soon as symptoms develop, keep a written record of how your symptoms progress, and do not let the delay discourage you from pursuing a claim. What matters is that the injury connects to the accident, and that connection is established through medical evidence.

Can You File a Claim If the Accident Happened at a Theme Park or Hotel Property?

Florida premises liability law requires operators of hotels, theme parks, and tourist attractions to maintain their properties in a reasonably safe condition for guests. If a hazardous condition caused your accident, the property owner may be liable. These claims can involve large corporate defendants with their own legal teams, which is one reason why having someone in your corner who regularly litigates these cases changes the dynamic.

How Are Future Care Costs Proved in a Brain Injury Case?

Life care planners, typically professionals with backgrounds in rehabilitation nursing or medicine, review your medical records and projected treatment needs and assign dollar figures to each over your anticipated lifespan. Actuarial data and medical expert input support their projections. This is standard methodology in serious injury litigation and is how we prevent insurance carriers from understating what recovery will actually cost.

Start With a Free Case Evaluation With Our Orlando Brain Injury Attorneys

The weeks following a brain injury are when the most consequential decisions get made, often before anyone fully understands what the injury will mean long term. Smith, Feddeler & Smith, P.A., handles brain injury cases for clients across Orlando and Orange County and is prepared to invest in what these cases take from the first conversation forward.

Call (407) 848-5178 or contact us online to get started at no cost.

Office Location

Lakeland

832 Florida Avenue South
Lakeland, FL 33801

(863) 688-7766

Brandon

202 E Brandon Blvd. Suite 107
Brandon, FL 33511

(863) 688-7766

Kissimmee

1101 Miranda Lane
Ste1331, Kissimmee, FL 34741

(863) 688-7766

Tampa

100 S Ashley Drive
Suite 600, Tampa, FL 33602

(863) 688-7766

Orlando

4700 Millenia Blvd
Orlando,FL 32839

(863) 688-7766

Clearwater

13575 58th St North #200
Clearwater, FL 33760

(863) 688-7766

$1,200,000.00
Workers’ Compensation

Claimant worked as a tree guy and a giant limb fell on him. Claimant developed CRPS and ended up wheelchair bound. Our firm was successful in obtaining many benefits to the Claimant prior to settlement, including multiple home modifications, wheelchair ramps, authorization of medical specialist, and implantation of a spinal cord stimulator.

$350,000.00
Workers’ Compensation

Claimant worked as a bus driving and during an evacuation she jumped off the bus causing her to fall resulting in a serious back injury.

$269,671.00
Workers’ Compensation

Claimant worked performing clerical type job in an office. She was asked to carry a box down stairs when she slipped and fell down the flight of stairs injuring her head, neck and lefts arm / wrist / hand.

$220,100.00
Workers’ Compensation

Claimant worked for a temp service. He was helping to unload a trailer when his foot went through a board on the floor of the trailer causing his to fall, shattering his pelvis, and causing serious injury to his back, hip and head.

$1,223,423.00
Workers’ Compensation

Claimant worked as a selector / forklift driver. This case involved a specific injury to her right leg / knee. She continued to work which resulted in repetitive and cumulative trauma to the right knee and CRPS.

$630,000.00
Workers’ Compensation

Claimant worked for a transport company. One day he was forced to get under a trailer and while he was lifting and twisting, the Claimant injured his back and knee, which was left untreated until he retained representation and filed Petitions for Benefits. Unfortunately, the severity or the injury coupled with the delay in treatment caused the Claimant to developed CRPS.