Few catastrophic injuries are more devastating than a traumatic brain injury.
Our Fort Myers personal injury lawyers know brain injuries can be serious, debilitating, life-altering, and even deadly. Worse, they may not always be easy to identify right away. That is why it is imperative after a car accident, slip-and-fall, construction accident, birth injury, criminal assault, or other events to seek immediate medical attention. This also helps ensure future defendants will have less opportunity to assert your brain injury had another cause.
Brain Injury in Fort Myers?
Contact an Attorney at Garvin Injury Law Today
Helping victims of traumatic brain injury recover damages from negligent parties is a top priority for the Fort Myers brain injury lawyers at Garvin Injury Law.
Call (239) 277-0005 to schedule a free case consultation today.
Why Choose Garvin Injury Law
Choosing the right personal injury lawyer can make all the difference. At Garvin Injury Law, we offer a unique blend of experience, compassion, and results-driven representation that sets us apart:
- 50+ Years of Experience
Our father-son legal team has been proudly serving Southwest Florida since 1973. - Client-Centered Philosophy
We treat every client like family, offering personalized guidance tailored to your unique situation. - Proven Track Record
We’ve recovered millions in compensation for injury victims across Fort Myers, Naples, Sarasota, Key West, and beyond. - No Fee Unless We Win
You pay nothing upfront—our work is 100% contingency-based.
When the stakes are high, trust a firm with the experience, dedication, and resources to fight for the justice you deserve.
Elements of a Florida Brain Injury Lawsuit
When you or a family member suffers a serious brain injury, it can impact every part of your life, including your financial stability. If this injury is the result of someone else’s negligence, you may be able to recover compensation for economic damages (medical bills, lost wages, loss of earning potential) as well as intangible losses (i.e., loss of life enjoyment, loss of consortium, pain and suffering).
The viability of a claim will depend not necessarily on how serious your injury is, but on how it was caused. In most cases, your injury lawyer will want to examine whether the incident involved negligence as seen in Florida statute 768.72. To establish the negligence of another party, a brain injury attorney in Fort Myers must prove:
- Defendant owed plaintiff a duty of care. This means the defendant had a legal obligation that required the exercise of reasonable care to prevent foreseeable harm. For example, drivers have a duty of care to obey speed limits and remain sober behind the wheel. Doctors have a responsibility to perform their services to the accepted standard of care for their specialty. Property owners have a duty to make sure lawful guests are reasonably protected from dangerous conditions on-site.
- Breach of duty. Defendants breached their duty with failure to exercise reasonable care, given their role and the circumstances.
- Causation. Plaintiffs must show the defendant’s negligence was directly responsible for the injury or damage that occurred.
- Damages. The injury sustained resulted in economic or non-economic damages to the victim. Often the extent of those damages is up for sharp debate in brain injury lawsuits.
Similar to TBIs, spinal cord injuries are often severe after an accident and can be life changing. Because these cases tend to involve high-end damages and complex medical testimony, it is important for victims and/or loved ones to consult with an experienced Fort Myers neck and back injury attorney as soon as possible.
What is a Traumatic Brain Injury?
The National Institute of Neurological Disorders and Stroke define traumatic brain injury (TBI) as a form of acquired brain injury resulting from sudden trauma that does damage to the brain. It can happen when the head suddenly and violently strikes an object or when an object pierces the skull and enters brain tissue.
A TBI can result in a wide range of short- or long-term issues that affect cognitive function, motor function, sensation, and emotion. The brain injury lawyers at our Fort Myers firm are familiar with the impact on a victim’s life.
There are three basic classifications of brain injury:
- Mild Brain Injury. The most prevalent form of TBI and often missed at the time of initial injury is sometimes referred to as a concussion or minor head injury. Symptoms include confusion, disorientation, and loss of memory or loss of consciousness for less than 20 minutes. Some may experience nausea, loss of smell, sensitivity to light and sound, and mood changes.
- Moderate Brain Injury. This term is used when one suffers trauma to the brain, with similar symptoms as mild brain injury, but with longer loss of consciousness and lasting effects.
- Severe Brain Injury. This is characterized by loss of consciousness lasting longer than six hours and may involve anything from seizures, loss of coordination, speech difficulties and dramatic mood and behavior changes to profound and permanent cognitive and motor deficits.
These are generally outlined on the Glasgow Coma Scale, which ranks a person’s motor responsiveness, verbal performance, and eye-opening to appropriate stimuli. This scale can help assess the depth and duration of coma and impaired consciousness and may provide insight into one’s long-term prognosis.
This firm is absolutely exceptional. They are very professional while always being on a one to one basis with us. Our settlement was settled for much more than we ever expected. They were as a family to us during the entire time they were working for us and we felt very sad with having to say good by. They were truly down to earth with us. They don’t advertise. They don’t have to. The quality and thoroughness of their work speaks for itself. I strongly recommend that before you see any other attorney to visit Garvin Injury Law first. You won’t be disappointed.
Debbie & Bob Alexander
Florida Traumatic Brain Injury Statistics
The Brain Injury Association of Florida reports there are more than 214,000 Floridians living with devastating brain injuries, and thousands more suffer from new injuries annually. The U.S. Centers for Disease Control and Prevention (CDC) reports 1.7 million people nationally suffer a traumatic brain injury. Of those, 52,000 die, 275,000 are hospitalized, and 1.4 million are treated and released from hospital emergency departments. They are a contributing factor to one-third of all injury-related deaths in the U.S. Brain injuries are primarily caused by:
- Falls – 35 percent
- Motor vehicle accidents – 17 percent
- Struck by / against – 16 percent
- Assault – 17 percent
According to a 2022 paper published in the National Library of Medicine, the annual hospital costs for TBIs range from $2,130 to $401,808 per patient. Even on the lower end of that range, the figure can quickly snowball when brain injuries prove long-term.
Being the primary cause of brain injury, if you or a loved one has fallen or tripped on someone else’s property, contact our slip and fall lawyers in Fort Myers to get the compensation you deserve.
Contact Garvin Injury Law Today
Contact the Fort Myers brain injury attorneys at Garvin Injury Law today at (239) 277-0005 or online for a free case review.