Tampa Brain Injury Lawyer
A brain injury can change nearly every part of your life in an instant.
You may be dealing with memory issues, difficulty concentrating, physical limitations, and uncertainty about your future. When someone else’s actions cause an injury like this, it is important to understand your legal options and what steps can help protect your recovery.
At Smith, Feddeler & Smith, P.A., our Tampa brain injury lawyers work with individuals and families facing the challenges that follow serious brain injuries.
If you need guidance after an accident in Tampa, call (863) 355-4204 or contact us online to schedule a free case evaluation.
Why Choose Our Firm for a Tampa Brain Injury Case
Choosing who to trust after a brain injury is a significant decision. These cases often involve long-term medical care, detailed evidence, and careful evaluation of future needs. Our approach focuses on preparation, communication, and staying with our clients from start to finish. This is particularly important for clients with catastrophic injuries that have lasting effects. Brain injuries often require ongoing care, and we account for future needs when evaluating claims.
We review medical records, accident reports, and expert findings to understand the full scope of the injury, and we prepare every case as if it may proceed to trial, which can give us key leverage in negotiations with insurers reluctant to pay for severe injuries. This approach has been serving clients in Tampa and surrounding areas for over 50 years, and we are prepared to bring our long-standing experience to your case.
What Makes Brain Injury Cases Different
Brain injury cases involve more than immediate medical treatment. The effects can evolve over time and may not be fully understood in the early stages. This makes careful documentation and ongoing evaluation important throughout the life of a claim.
Unlike many other injuries, brain injuries can affect many aspects of life, including:
- Cognitive function: Memory, attention, and decision-making.
- Emotional health: Mood changes, anxiety, or depression.
- Physical ability: Balance, coordination, and mobility.
- Daily independence: The ability to work or manage routine tasks.
These factors play a role in how damages are calculated and why these cases require a detailed, forward-looking approach.
Types of Brain Injuries That May Support a Legal Claim
Brain injuries are not all the same, and the type of injury a person sustains can affect both their medical treatment and the strength of their legal claim. Some of the most common types our attorneys see in personal injury cases include:
- Concussions: Classified as mild traumatic brain injuries, concussions can cause headaches, memory problems, and difficulty concentrating. Symptoms are not always immediate and can linger for weeks or months.
- Contusions: A bruise on the brain tissue itself, often caused by a direct impact. More severe contusions may require surgery.
- Diffuse axonal injuries: Caused by rapid acceleration or deceleration forces, such as in a high-speed crash. These injuries can be severe even without visible external trauma.
- Penetrating injuries: Occur when an object breaks through the skull and enters the brain. These are among the most serious and life-altering brain injuries.
- Acquired brain injuries: Caused by oxygen deprivation rather than direct trauma, such as in a near-drowning incident or surgical complication resulting from someone else’s negligence.
Common Causes of Brain Injuries in Tampa
Tampa’s road network and rapid growth create conditions where serious accidents happen with regularity. Hillsborough County is notorious for traffic fatalities, and for people who survive crashes and other serious accidents, head trauma is among the most serious possible outcomes.
Car Accidents
Tampa’s busiest roads, including I-275, Dale Mabry Highway, and the Selmon Expressway, see fast-moving traffic where rear-end and side-impact collisions are common. A sudden collision can cause the brain to shift or strike the inside of the skull even without visible external injury. Distracted driving, speeding, impaired drivers, and failure to yield are the leading causes of serious crashes in Hillsborough County.
Truck Collisions
Tampa’s role as a major commercial hub means heavy freight traffic moves through the city around the clock on I-4, I-75, and the port corridors. Collisions involving commercial trucks carry significantly greater force than standard vehicle crashes, and the resulting head trauma can be severe. These cases often involve multiple liable parties, including the driver, the carrier, and potentially a loading or maintenance contractor.
Motorcycle Accidents
Motorcyclists do not have the structural protection of an enclosed vehicle, and even a helmeted rider can suffer serious head trauma in a crash. The mix of commuter traffic, tourists unfamiliar with local roads, and high-speed expressways creates specific risks for riders throughout the Tampa area.
Slip and Fall Incidents
Pedestrian safety is a major concern in Tampa, particularly near downtown, Busch Boulevard, and Florida Avenue. Beyond traffic, falls on poorly maintained or hazardous surfaces, including wet floors in commercial spaces, uneven walkways, and unmarked drop-offs, are a consistent source of head injuries in the area. Ybor City, downtown Tampa, and busy retail areas see significant foot traffic where these conditions can go unaddressed.
Workplace Accidents
Tampa’s ongoing construction boom has created thousands of jobs but has also contributed to a spike in serious workplace injuries. Falling objects, equipment failures, and inadequate fall protection are among the most common causes of head trauma on Tampa-area job sites. In some cases, a third-party claim against a contractor or equipment manufacturer may be available alongside a workers’ compensation claim.
Each situation involves different legal considerations, but all require a clear picture of how the injury occurred and who may be responsible. Our brain injury lawyers handle cases across many accident types and against many kinds of liable parties, including both individuals and corporations.
Applying Florida Law to Your Brain Injury Claim
No-Fault and Tort-Based Car Accident Claims
If your injury occurred in a motor vehicle accident, Florida’s no-fault system comes into play first. Every driver in Florida is required to carry Personal Injury Protection coverage, which can pay for a portion of medical expenses and lost wages regardless of who caused the crash. PIP has limits, and brain injuries routinely exceed them.
Once those limits are reached, a serious injury like a traumatic brain injury typically allows a victim to step outside the no-fault system entirely and pursue a direct claim against the at-fault party.
Work Injuries
If the injury happened in a workplace accident, workers’ compensation benefits may be the primary avenue for relief, but it is not always the only one. When a third party, such as a subcontractor or equipment manufacturer, contributed to the incident, a separate personal injury claim may also be available. Our attorneys handle both workers’ compensation and personal injury cases for our injured clients.
Comparative Fault
Regardless of how the injury occurred, Florida’s shared fault rules affect what compensation looks like. Under Florida Statutes § 768.81, if more than one party contributed to an accident, responsibility is divided proportionally. A finding that you share some fault does not eliminate your claim if you were 50% or less to blame, but it does reduce what you can recover. This is one reason why a thorough investigation into how the injury occurred by our legal team matters from the start.
Statute of Limitations
Florida law sets deadlines for filing personal injury claims. Missing these deadlines can prevent you from pursuing compensation. Under Florida Statutes § 95.11, most negligence claims must be filed within two years of the injury.
Certain situations may affect this timeline. Injury claims involving government entities have a three-year notice deadline in Florida. In other situations, the effects of an injury may not be immediately apparent, which can affect when the statute of limitations clock begins running. Complications in identifying the responsible party or fraud can also factor into how the timeline is calculated.
Because of these variables, reviewing the details of your case early with our firm and taking action promptly can protect your ability to file.
How Compensation Is Evaluated in Brain Injury Cases
Brain injury claims often involve both immediate and long-term considerations. The value of a case depends on how the injury affects your life now and in the years ahead.
Compensation may include:
- Past and future medical expenses
- Lost income
- Reduced future earning capacity
- Physical and emotional pain and suffering
- Ongoing care costs
- Permanent disability
Each of these factors must be documented and evaluated carefully to reflect the full scope of the injury. Working with our attorneys can help make sure nothing is overlooked.
Frequently Asked Questions About Tampa Brain Injury Claims
How Do I Know If I Have a Brain Injury Claim?
A claim may exist if another party’s negligence caused your injury. Medical documentation and evidence of how the injury occurred are important factors in evaluating your case.
How Long Does a Brain Injury Case Take?
The timeline varies depending on the severity of the injury, the need for ongoing treatment, and how the case progresses. Some cases resolve in a few months through settlement, while others require litigation and take years to complete.
What If Symptoms Appear Later?
Delayed symptoms are common in brain injury cases. Seeking medical care as soon as symptoms appear can help connect the injury to the original incident and preserve your claim.
What Is the Difference Between a Concussion and a Traumatic Brain Injury?
A concussion is considered to be a “mild” form of traumatic brain injury, but that does not mean the effects are minor. Both concussions and moderate or severe brain injuries can produce lasting symptoms, and both can form the basis of a legal claim if caused by someone else’s negligence. The severity classification matters less than how the injury has actually affected your life.
Speak With Our Tampa Brain Injury Lawyers Today
A brain injury can create uncertainty about your health, your finances, and your future. Our Tampa brain injury attorneys at Smith, Feddeler & Smith, P.A. are ready to guide you through every step and fight for what you deserve. Call (863) 355-4204 or contact us online to schedule your free case evaluation 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
