Florida Brain Injury Lawyer
What Counts as a Traumatic Brain Injury
A traumatic brain injury is any injury to the brain caused by an external force, such as a blow to the head, a violent shaking of the head, or a penetrating wound. The Centers for Disease Control and Prevention reports that TBIs contribute to roughly 30 percent of all injury-related deaths in the United States, with falls and motor vehicle crashes among the leading causes.
TBIs are typically classified by severity:
Mild TBI (Concussion)
The most common form of brain injury is a mild TBI. Symptoms may include headaches, dizziness, memory problems, mood changes, and sleep issues.
Even when CT or MRI scans appear normal, mild TBIs can still cause lasting cognitive symptoms, making them a frequent dispute in injury cases.
Moderate TBI
Loss of consciousness lasting from minutes to hours, persistent headache, repeated vomiting, slurred speech, weakness or numbness in the extremities, and significant cognitive impairment. Imaging usually shows abnormalities, including contusions, intracranial bleeding, or skull fractures.
Severe TBI
Extended unconsciousness, coma, profound cognitive deficits, and often permanent neurological damage. These cases frequently involve long inpatient hospitalization, intensive rehabilitation, and lifelong care needs.
Diffuse Axonal Injury
A particularly serious form of TBI is caused by the brain rapidly shifting inside the skull, which tears nerve fibers. Common in high-speed crashes and severe falls. Often produces permanent disability or death.
Florida Law and Brain Injury Claims
Brain injury cases are generally pursued as negligence claims under Florida law, which means they follow the same legal framework as most personal injury actions, with several important wrinkles.
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Damages in Brain Injury Cases
Florida law allows injured people to recover both economic and non-economic damages. In brain injury cases, those typically include:
- Past and future medical bills, including emergency care, neurosurgery, hospitalization, rehabilitation, and home health care
- Lost wages and reduced future earning capacity are often the largest single category in a TBI case
- Cost of cognitive rehabilitation and ongoing therapy
- Cost of home modifications and assistive technology
- Pain and physical suffering
- Mental anguish and emotional distress
- Loss of enjoyment of life
- Loss of consortium for spouses and family members
In severe and catastrophic cases, future medical and life-care costs alone can run into the millions of dollars. Calculating those costs accurately requires life-care planners, economists, and treating physicians working together.
Why Brain Injury Cases Are Hard, and What We Do About It
Brain injuries are sometimes called “invisible injuries” because the most disabling symptoms, the cognitive and emotional ones, do not show up on a chest X-ray or a routine exam. Insurance carriers exploit that gap. They argue that mild TBI symptoms are pre-existing, that they come from depression or anxiety unrelated to the accident, that the injured person is exaggerating, or that they should have already recovered.
Defeating those arguments takes work. In a typical TBI case in our office, the work includes:
- Securing complete medical records from every treating provider, including the emergency department, primary care, neurology, neuropsychology, physical therapy, and mental health treatment
- Obtaining all imaging studies and, where appropriate, advanced imaging like diffusion tensor imaging (DTI) that can show damage invisible to standard MRI
- Coordinating with treating neurologists and neuropsychologists to document the injury and the functional impact
- Retaining qualified expert witnesses to translate the medical and cognitive evidence for a jury
- Building a “before and after” picture of the injured person, using testimony from family, friends, coworkers, and supervisors who knew the person before the accident
The goal is to turn a so-called invisible injury into a documented, expert-supported, jury-ready case.
What to Do After a Suspected Brain Injury
If you or a loved one has been in any kind of accident involving a blow to the head or a violent jolt:
- Get a medical evaluation immediately. Even a mild concussion deserves a same-day medical record.
- Follow up with a primary care physician or neurologist within days, not weeks. Document every symptom, no matter how minor it seems.
- Keep a daily symptom journal. Cognitive and emotional symptoms are easy to forget over time, and contemporaneous notes are powerful evidence.
- Limit screen time, follow return-to-activity protocols, and rest as your treating providers recommend.
- Do not give a recorded statement to the at-fault party’s insurance company. Cognitive symptoms can affect how you communicate, and adjusters use anything you say.
- Talk to a lawyer who has handled brain injury cases before signing anything from any insurance carrier.
How Tarnovsky Lopez Approaches Brain Injury Claims
Our founding partners spent years inside firms that defended insurance companies in catastrophic injury cases. We saw how those firms tested medical records, hired neuropsychologists to look for inconsistencies, and built defenses against claims they considered overvalued. We bring that knowledge to every brain injury case we take, and we use it to build cases that are hard to attack.
Associate attorney Harry Kaklamanakis brings additional trial experience to these cases. He served as lead trial counsel for the largest private property insurance carrier in Florida and has 32 jury trial verdicts to date, with the overwhelming majority in his clients’ favor. Catastrophic injury cases are difficult cases. They benefit from lawyers who have actually tried cases to a verdict.
We do not take every case that walks through the door. Brain injury claims require time, expert resources, and a long view. Where we take a case, we commit fully to it.
Our Lawyers Provide Personalized Attention & Powerful Advocacy
Alex Lopez, Esq
Partner & Attorney at Law
Irina Tarnovsky, Esq
Partner & Attorney at Law
Harry Kaklamanakis, Esq
Associate Attorney at Law
Alex Lopez, Esq
Partner & Attorney at Law
Alex Lopez, Esq is a skilled civil litigator specializing in handling property insurance claims throughout the state of Florida. After graduating law school, he spent 3 years working at one of the top civil litigation law firms in the country. As a former attorney who represented and defended some of the largest insurance companies in the state, Alex Lopez, Esq., was able to gain inside knowledge as to the ins and outs of litigating insurance claims. He now dedicates a 100 percent of his practice to helping homeowners and business owners recover adequate compensation under their insurance policies.
Irina Tarnovsky, Esq
Partner & Attorney at Law
Irina Tarnovsky, Esq is a skilled civil litigator specializing in handling property insurance claims throughout the state of Florida. She gained extensive trial experience as an Assistant State Attorney at the Broward County State Attorney’s Office prosecuting crimes from Misdemeanors to violent Felonies with over 30 cases brought to verdict. As a former attorney who represented and defended major insurance companies and a partner at her last firm, Irina Tarnovsky, Esq. was able to gain inside knowledge as to the ins and outs of litigating insurance claims. She now dedicates a 100 percent of her practice to helping homeowners and business owners recover adequate compensation under their insurance policies.
Harry Kaklamanakis, Esq
Associate Attorney at Law
As a dedicated trial lawyer specializing in personal injury and first-party property cases, Harry Kaklamanakis Esq is passionate about advocating for those who have been wronged. His journey to the courtroom is deeply rooted in his heritage as a first-generation American, raised by a Greek father and a Greek-Bahamian mother. Growing up in a family of small business owners, he learned invaluable lessons about the power of hard work, and the importance of unwavering commitment to customer service. Harry’s Greek American heritage instilled in him a fervent sense of purpose and a belief in the principles of fairness and integrity. These values fuel his passion for the law and drive his relentless pursuit of justice for his clients. Harry began his legal career as a Public Defender in Palm Beach County, where he had the privilege of defending the rights of some of the most vulnerable members in his community. This experience reinforced his commitment to justice and deepened his understanding of the critical importance of protecting individual rights. It is also where he began to develop and hone his skills in the courtroom. After his tenure at the public defender’s office, Harry transitioned into civil litigation. For two and a half years, Harry served as lead trial counsel for the largest private property insurance company in Florida. During this time, he gained invaluable insight into the inner workings of the insurance industry, which has proven beneficial when representing his clients. Harry has spent thousands of hours in Florida courtrooms, skillfully advocating for his clients and navigating complex legal landscapes. To date, he holds over 32 jury trial verdicts, with the overwhelming majority favoring his clients. Each case he takes on is approached with the utmost dedication and strategic foresight, ensuring that his clients receive the justice, and compensation, they deserve. Harry’s commitment to excellence and his unwavering belief in doing what is right continue to guide him as he fights for his clients’ interests.
Serving the State of Florida.
Why Clients Trust Tarnovsky-Lopez Law for Brain Injury Cases in Florida
Our clients are at the heart of everything we do. Whether it’s helping property owners rebuild after damage or fighting for justice after a personal injury, we take pride in delivering real results. Read what clients are saying about their experience with Tarnovsky-Lopez Law.
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Frequently Asked Questions About Florida Brain Injury Lawyer
My MRI came back normal but I still have headaches, memory issues, and trouble concentrating after my accident. Do I have a case?
Possibly, yes. The medical literature has long recognized that mild TBIs and concussions can produce real, lasting symptoms even when standard imaging is negative. Cases like these are won by combining symptom documentation, neuropsychological testing, treating-physician opinions, and expert testimony, not by a single scan. Get evaluated by a physician who handles TBI, and call a lawyer who has handled these claims.
How is a brain injury case different from a regular car accident case?
The legal framework is similar, but brain injury cases are more medically complex, more expensive to work up, and more aggressively defended. They typically require more expert witnesses, more imaging, and more time to develop. They also carry much higher potential damages, particularly for future medical care and lost earning capacity.
How long do I have to file a brain injury claim in Florida?
For most negligence-based brain injury claims arising on or after March 24, 2023, the deadline is two years from the date of the accident under Florida Statute Section 95.11(4)(a). Medical negligence claims and wrongful death claims have separate deadlines. Brain injury symptoms can take time to develop, so consult a lawyer as soon as possible even if you are still figuring out what is wrong.
What if my loved one cannot communicate or make decisions because of the brain injury?
A spouse, parent, or other family member may be able to act on the injured person’s behalf, sometimes through a power of attorney already in place and sometimes through a court-appointed guardianship. We help families navigate this process and coordinate with elder-law and probate attorneys when needed.
How much does it cost to hire a Florida brain injury lawyer?
We work on a contingency fee basis. There are no upfront costs, no hourly billing, and no out-of-pocket fees. Our fee is a percentage of the recovery, and if there is no recovery, you owe nothing. The fee structure and any costs are explained at the free case review.
Can I bring a brain injury claim against a property owner if I fell?
Yes, when the fall was caused by a dangerous condition the property owner knew about or should have known about and failed to address. These are premises liability claims. After HB 837, the standards for proving premises liability have tightened, so prompt investigation and evidence preservation are critical.
Talk to a Florida Brain Injury Lawyer
A traumatic brain injury changes everything, sometimes permanently. The medical decisions are urgent, the financial pressure is real, and the insurance company is already at work building its file. You need someone working yours.
Tarnovsky Lopez Law represents brain injury clients throughout Florida, with offices in Boca Raton and Pensacola and a presence in Melbourne. We handle cases on a contingency fee basis. Russian, Spanish, and Greek language services are available.
Call 561-368-2755 or request a free case review. There are no upfront costs, and there is no fee unless we recover for you.