Gainesville Brain Injury Lawyer
A head injury on a Gainesville road, sidewalk, or worksite can change a person’s life in an instant.
Unlike many injuries, brain trauma can affect memory, speech, movement, personality, and independence, leaving families facing an uncertain road after a loved one enters the trauma unit at UF Health Shands.
As medical expenses grow and insurance calls begin, Smith, Feddeler & Smith, P.A. focuses on identifying who is financially responsible. Our Gainesville brain injury lawyer uses medical records, accident reports, and other evidence to document the full impact of the injury and support your claim.
The sooner the facts are locked down, the stronger a claim tends to be. For a free case evaluation, call our team at (863) 688-7766 or reach us online to get started today.
Why Injured Clients Trust Our Brain Injury Team
Insurance carriers may offer less when they expect little resistance. Our attorneys bring more than 50 years of combined experience to each case and prepare claims with trial in mind, giving insurers a reason to take negotiations seriously.
Our attorneys are familiar with the local courts, medical providers, and insurance companies throughout Gainesville and North Central Florida.
When you hire our Gainesville brain injury lawyer, you get a firm committed to your long-term recovery rather than a quick case closure.
What Is a Traumatic Brain Injury?
A traumatic brain injury (TBI) occurs when a sudden blow, jolt, or penetrating injury damages the brain. Symptoms may not appear immediately; headaches, confusion, memory problems, or mood changes sometimes develop days later.
Examples of Traumatic Brain Injuries
Brain injuries vary in type and severity, and the diagnosis can influence both medical care and an injury claim. Common forms following a serious accident are as follows:
- Concussion: The mildest and most frequent TBI, though repeated concussions can stack into permanent harm.
- Contusion: A bruise on the brain from a direct impact, which may need surgery if it swells.
- Diffuse axonal injury: Widespread tearing of nerve fibers when the head whips back and forth, common in high-speed collisions.
- Penetrating injury: An object pierces the skull and reaches brain tissue, one of the gravest outcomes.
- Hypoxic injury: Brain cells die when oxygen is cut off, which can follow a near-drowning or cardiac event during a wreck.
The same brain injury diagnosis can lead to very different outcomes. Age, previous head trauma, injury severity, and the timing of treatment can all affect the length and extent of recovery. These are the variables our team weighs when building your claim.
Types of Brain Injury Cases We Represent
Most brain injuries our attorneys handle trace back to someone else’s careless choice. A car accident is the leading cause we see, but head trauma turns up across many kinds of incidents. Our team represents people hurt in situations such as:
- Motorcycle and bicycle collisions on busy corridors like Archer Road
- Truck and commercial vehicle wrecks on I-75
- Slip, trip, and fall incidents on unsafe property
- Pedestrian crashes in crosswalks and parking lots
- Struck-by and fall injuries on construction sites
Regardless of how the injury occurred, the central legal question is whether someone’s negligence caused your harm and resulting losses. Building that connection requires strong evidence, making documentation the next important step.
Proving Negligence in a Brain Injury Case
A brain injury claim requires proof that someone owed you a duty of care, breached that duty, and caused injuries that resulted in measurable losses. Our Gainesville brain injury lawyer builds that connection using evidence of the responsible party’s conduct and medical records linking the accident to your symptoms.
Liability in a Gainesville Brain Injury Case
Liability in a brain injury claim points to the party or parties whose careless choices set the harm in motion. Every added defendant means another insurance policy that may help cover a lifetime of medical care and lost income. Parties who often bear liability in a brain injury case include:
- Negligent drivers and their auto insurance carriers
- Employers of a driver who caused the wreck on the job
- Trucking companies for cargo violations or hours-of-service breaches
- Property owners who ignored known hazards on their premises
- Manufacturers of defective vehicle parts, helmets, or workplace equipment
- Bars or restaurants that overserved a driver before a fatal crash
- Contractors and site owners who let unsafe conditions stand
By building the defendant list early, our Gainesville brain injury lawyer works to secure every available path to compensation for you.
What Compensation Is Available in a Brain Injury Case?
Money damages after a brain injury split into two groups: economic losses you can add up, and non-economic losses that carry no receipt. This is the same framework used in any Florida personal injury claim. However, the totals run higher because the harm lasts a lifetime. Economic damages usually include:
- Medical and surgical care
- Ongoing therapy and in-home nursing
- Lost wages, overtime, and benefits
- Reduced earning power
- Assistive devices and home modifications
- Future medical costs tied to the injury
- Household service expenses during recovery
- Property repair and replacement costs
Economic damages are easier to document through bills and records. Non-economic damages are harder to measure and may represent a substantial part of a TBI claim, covering losses such as:
- Physical pain and daily discomfort
- Emotional suffering, anxiety, and depression
- Loss of memory, focus, and independence
- Strain on close relationships
- Loss of enjoyment of the life you knew
Clear evidence helps an Alachua County jury understand the personal impact of a serious injury. Documenting those losses thoroughly can make the difference between compensation that reflects the harm and a settlement that falls short. Keep a dated and detailed record of your symptoms and the impact of your injuries on your quality of life.
Workers’ Compensation Claims for Brain Injury
A brain injury on the job runs on a different track than a lawsuit. Florida workers’ compensation pays medical bills and a portion of your lost wages, no matter who caused the accident. Still, it does not pay for pain and suffering.
When a workplace fall or struck-by accident causes lasting brain damage, those benefits often fall short of the real cost. Our Gainesville brain injury lawyers look for a third party, such as an equipment manufacturer or outside contractor, whose negligence opens the door to a separate injury claim in addition to the benefits.
What Is the Statute of Limitations for TBI Claims?
You generally have two years from the date of a brain injury to file a lawsuit in Florida, and missing that window can end a valid claim for good. The two-year clock comes from Florida Statutes § 95.11, which applies to negligence claims.
Injury cases in the Gainesville area are handled by the Eighth Judicial Circuit, which serves Alachua County and five neighboring counties. An insurance claim does not stop that clock, so a lawsuit must be filed on time even while talks continue, which means the calendar deserves attention as early as the medical treatment does. Our Gainesville brain injury lawyer tracks these deadlines from the day we take your case.
How Does Florida’s Modified Comparative Negligence Rule Affect Compensation?
Your own share of the blame can reduce a payout, and beyond a certain point, it can wipe it out. Florida follows a modified comparative negligence system: a jury assigns each party a percentage of fault, then trims your award by your percentage.
Someone found 20% responsible for a wreck still collects 80% of their damages. Cross the halfway mark, though, and the rule turns harsh, because a person judged more than 50% at fault recovers nothing. Our Gainesville brain injury lawyer works to minimize any shared fault assigned to you.
Brain Injury Claim FAQ: What You Need to Know
Can Family Seek Damages If a TBI Victim Passed Away?
Yes. When a brain injury proves fatal, Florida law lets close family members bring a wrongful death claim for their own losses. A surviving spouse, children, and in some cases parents can recover funeral costs, lost financial support, and the loss of the person’s companionship. The claim runs on its own two-year deadline, measured from the date of death rather than the date of the injury.
How Do You Pay for a Brain Injury Lawyer?
You pay nothing up front. Our firm handles brain injury claims on a contingency fee, so legal fees come out of the recovery only if we win money for you. If the case brings in nothing, you owe no attorney fees at all. You may still be responsible for certain case expenses regardless of outcome.
What If the Brain Injury Symptoms Showed Up Days After the Accident?
Brain injury symptoms can appear hours or even days after an accident as bleeding or swelling develops. Later headaches, nausea, or confusion may still be connected to the injury. Seeking medical care when symptoms appear and telling the doctor about the accident helps document that connection.
Move Forward With Our Gainesville Brain Injury Lawyer
Waiting only helps the insurance company. The longer a brain injury claim sits, the harder it becomes to gather proof and the closer the filing deadline creeps.
Families across the region turn to Smith, Feddeler & Smith, P.A. because our attorneys treat a serious head injury as the life-changing event it is. Our Gainesville brain injury lawyer will guide your family from the first call through resolution.
The call is free and comes with no obligation. Call our team at (863) 688-7766 or contact our firm online to start your brain injury claim today.
Phone calls were returned timely. I was kept informed of my case and my questions were answered. The staff was professional, courteous, concerned and caring. Overall my experience with this law firm was good and I would recommend them to a friend.
- Rhonda D.
Keep up the good work!
- Thomas B.Everyone who I had the pleasure in talking to or email correspondence has been great and professional. Thank you all for the good service.
- Elixsandra F.Everyone in the office was always helpful and did everything to help up on the case.
- Thomas D.I appreciate all the work you all did. I will recommended Brad Smith and Smith, Feddeler & Smith to anyone who is looking for good legal help.
- Robert S.I would like to thank Mr. Feddeler and the Law Firm for their help in my workers; compensation case. I want to especially thank Julie for being such a special lady and for have such a patient and wonderful personality and manners. She kept me informed of what was going on and answered all my questions when I needed them.
- Stanley E.I am thankful with the firm and staff for always being so courteous and helpful with my case and with me. You guys helped me every step of the way and I am glad I chose your firm to represent me. Thank you for all you do!
- A Montalvo.Everyone that was involved with my case was awesome! No complaints. Hope I never need to get a lawyer again, but if I did I would choose this Law Firm. So thank you!
- Juanita B.I was bit by a Pit Bull in the face in May of 2016. The injuries I suffered was a fractures nose and teeth marks to the nose and under my lip. I chose Smith, Feddeler because they had a great reputation on line. They were very compassionate, very sympathetic and very respectful of the situation I was going through. The attorney was very sincere and staff always responsive and available when I needed. I would definitely recommend Smith, Feddeler & Smith. Kevin Balentine was very helpful and efficient.
- Lauren M.If you ever want a good attorney who is going to fight and advocate for injured workers and knows the law of workers’ comp in the State of Florida, please contact Brad at Smith, Feddeler & Smith. I assure you they will fight for your rights and you will come out victorious, and you will be able to tell somebody else like I’m telling you.
- Ricky B.Contact Us For A Free Consultation With A Qualified Lawyer
