Going to Trial for Your Florida TBI Case: What to Expect

When facing a traumatic brain injury (TBI) case, understanding what to expect as your case moves to trial in Florida can be challenging. A trial can seem like a long and complex process, especially when dealing with a condition as serious as a brain injury. The road to a TBI trial is not only about understanding legal details but also about preparing for each step in the trial process. If you or someone close to you has suffered a TBI due to someone else’s negligence, a trial can help you seek justice and potentially secure the financial resources necessary for recovery. Let’s explore what the trial process entails, including the time in court, the involvement of medical professionals, and the legal strategies you may encounter as you pursue fair compensation. At, Serrano Law, we are here to guide you through the legal process and help you navigate the complexities of your case.

Understanding Traumatic Brain Injury Cases

A traumatic brain injury is a serious condition that results from a violent jolt or impact to the head. Common causes include car accidents, falls, sports injuries, and other types of trauma. When someone suffers a TBI due to another party’s carelessness, the injured person has the legal right to seek compensation for medical bills, lost wages, pain, and suffering. These cases are complex because brain injuries can impact a person’s memory, movement, speech, and overall quality of life. Since brain injuries often bring lifelong consequences, compensation for victims is important in covering long-term treatment and adjusting to a new way of life.

Preparing for a Florida TBI Trial

The preparation process for a TBI trial involves gathering evidence, discussing with medical specialists, and building a strong argument that shows how the injury has affected the victim. This process begins long before the actual trial date. Evidence may include medical records, opinions, and testimony from friends, family, and colleagues who can explain how the injury has altered the victim’s day-to-day life. Preparing for trial also includes working closely with your legal team, who will help you understand your rights, outline the best path forward, and provide guidance on the potential outcomes of the case.

Each case is unique, so the strategies used will vary depending on factors like the severity of the injury and the strength of the evidence. With preparation, a person suffering from a TBI can enter the trial with a clear understanding of what lies ahead. Additionally, your legal team will ensure that all necessary paperwork is completed and that every detail is in place before your day in court arrives.

Michael Serrano

Founding Attorney

Candace “Cea” Hartley

Associate Attorney

The Role of Medical Evidence in a TBI Trial

In TBI trials, medical evidence is critical in demonstrating the extent of the injury and its impact on a person’s life. Medical professionals, including neurologists, physical therapists, and psychologists, may be called to testify. Their role is to help the jury understand the injury’s severity, the expected recovery process, and the long-term effects on the victim’s ability to function. A jury may not always be familiar with the complex nature of brain injuries, so it is essential to present medical facts in a way that is easy to understand.

During the trial, the court may allow imaging results, such as MRIs or CT scans, to provide a clear picture of the brain injury’s extent. Medical specialists will interpret these images, explaining how they reflect the damage to the brain. The testimony of medical specialists often holds significant weight in the eyes of the jury, as they rely on these specialists to make sense of complex health information. Medical records, progress notes, and rehabilitation summaries are also essential in showing how the injury has affected the victim’s physical and mental well-being.

Establishing Fault and Liability in a TBI Case

For a TBI case to succeed, it must be clear who is responsible for the injury. Establishing fault is one of the primary tasks in any personal injury trial, and TBI cases are no different. In Florida, the injured party must prove that the other person’s negligence directly caused the brain injury. Negligence refers to a failure to act with the level of care that a reasonable person would have used in similar circumstances.

To prove negligence, your legal team will present evidence of the other party’s actions or lack of action, depending on the case. This may include witness testimony, video footage, or accident reports. For instance, if the injury was due to a car accident, police reports and eyewitness accounts may play a crucial role in showing how the accident occurred. Establishing liability is necessary because, without it, the court cannot hold the other party accountable, making it challenging to secure compensation.

Mike Serrano’s law office was everything I needed after a very traumatic accident. He was always super up front and honest with me. I never got the feeling he was trying to sell me on something or to do something that I wasn’t comfortable with. He listened to my concerns and when it tough moments came that I needed to stand my ground. He backed me and made me feel 100% secure. He got me exactly what I needed in a settlement and I would never consider using anyone else. His office staff is also phenomenal.”

- Mary

Mike Serrano was a great attorney for my case!! He was very flexible with phone calls/ Zoom meetings. His staff are always friendly, whether it be on the phone or emails. They keep you updated during your entire case! They don’t leave you silent for months. if you call, they always call back with updates! Highly recommend!"

- Kylie Collier Border

I’ve never had to deal with a lawyer before but Mike has set the bar HIGH. He was always available to communicate my concerns and explain each step of the way. I know no other lawyer would have been able to achieve the same results because he jumped on an opportunity that was a little out of the ordinary and it paid off. He really fought for my case and over delivered. I really hope I never have another accident but if I do I’m running to Mike for help."

- Sandy Carter

The Role of the Plaintiff in a TBI Trial

As the person bringing the lawsuit, the plaintiff plays a vital role in the TBI trial process. The plaintiff, often the person injured or their legal representative, will provide the court with detailed information about how the injury happened and how it has affected their life. They may be required to testify about the accident, describe the effects of the brain injury, and explain the challenges they face in their daily life as a result.

The plaintiff’s role is to provide a truthful and clear picture of the injury’s impact. This may involve recalling difficult memories of the accident or sharing personal details about their health, which can be an emotional experience. However, being open about these experiences is important, as it helps the jury understand the full scope of the injury. Additionally, family members or caregivers may be asked to testify on behalf of the plaintiff, offering their insights on the impact the injury has had on the plaintiff’s overall quality of life.

The Role of the Defense in a TBI Trial

In a TBI case, the defense will work to challenge the plaintiff’s claims, often attempting to reduce the compensation amount by disputing the injury’s severity or the defendant’s level of fault. The defense may bring its own medical specialists who might argue that the injury is less severe than the plaintiff claims. In some cases, they may suggest that the injury was due to a pre-existing condition or unrelated incident, which can impact the case’s outcome.

The defense team may also introduce evidence to minimize the liability of the defendant. For instance, they might argue that the plaintiff contributed to the injury in some way or did not seek proper medical treatment promptly after the injury occurred. Their goal is to cast doubt on the plaintiff’s claims and, if possible, avoid or lessen any financial judgment against the defendant. Being prepared for these tactics is essential to ensure the plaintiff’s side of the story remains strong and clear.

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What to Expect During the Trial

As the trial date approaches, the plaintiff can expect to spend time in the courtroom presenting their case. The trial process generally starts with opening statements from both sides, where each party outlines their view of the events. After opening statements, each side will present their evidence. The plaintiff’s team will go first, providing medical records, personal testimonies, and statements to demonstrate the full impact of the TBI.

Witnesses, including medical specialists, family members, and colleagues, may be called to testify on behalf of the plaintiff. The defense will have the chance to cross-examine these witnesses to try to reduce the weight of their testimony. Once the plaintiff has presented all of their evidence, the defense will present its case, and the plaintiff’s team will have a chance to cross-examine any defense witnesses.

After all evidence has been presented, both sides will make closing statements. This is the final opportunity to persuade the jury, summarizing the key points of each side’s argument. The jury will then deliberate, reviewing the evidence and testimony to reach a verdict. The jury’s decision will determine if the defendant is liable and, if so, how much compensation the plaintiff should receive.

Possible Outcomes of a TBI Trial

The outcome of a TBI trial can vary depending on factors such as the strength of the evidence and the jury’s interpretation of the facts. If the jury finds the defendant responsible for the injury, the plaintiff may receive compensation for medical costs, lost wages, pain, and suffering. In cases where the brain injury is severe, the compensation may be substantial to account for long-term care and rehabilitation.

Case Results

Car Accident

This client was injured in an auto accident with a driver who improperly merged into her lane. Her vehicle was totaled. She sustained an aggravation of her pre-existing disc herniations in her neck and new disc herniations in her lower back. We obtained the full limits of both the at-fault driver’s bodily injury coverage and our client’s underinsured motorist coverage, which were significant. The settlement was achieved without a law suit and within four months after the client finished treating.

Rear End Collision

This particular client was injured in an accident in late 2015 when she was rear-ended. She sustained an aggravation of pre-existing disc herniations in her neck and a new disc herniation which ultimately required a surgical fusion. By the time of trial, her medical bills exceeded $180,000.00. The Defendants’ offer pre-suit was $20,000.00. We were able to obtain a jury verdict of $441,000.00, plus attorneys’ fees.

Car Accident

A client was injured in a rear-end collision where he sustained an aggravation of a pre-existing disc bulge that developed into a herniation in his lower back. We obtained a jury verdict which was over 6 times what had been offered prior to trial.

Car Accident

In this case, our client injured her shoulder after being struck by a vehicle while she was performing volunteer services. The driver was traveling at such a high rate of speed entering a parking lot that he clipped another vehicle, hit a parking barrier and was launched into a tree. After the client attempted to negotiate with the insurance company prior to hiring us, we were able to obtain an amount that was over double the prior offer.

Intentional Torts

Our client was injured from an assault by a patron of a party while working security. His shoulder required multiple surgeries. He hired our office to pursue a claim to recoup his medical bills, which exceeded $130,000.00. After his assailant offered him $10,000.00 to resolve his case, we took the case to a jury to decide. The jury awarded our client all of his medical bills and tripled his award for pain and suffering.

Car Accident

This client came to us about a car wreck that occurred in 2014 where she sustained injuries. She approached our firm just one week before the statute of limitations was set to expire after being turned away by several other law firms. We filed a lawsuit and were able to obtain the limits of the at-fault driver’s bodily injury coverage and an additional settlement from the client’s insurance carrier.

Truck Crash

This couple was injured in an automobile accident after they were rear-ended in a seven-car pileup caused by a semi-trailer. Of the 15 people who made claims on the same insurance policy, our clients each received the second and third highest offers, which covered all of their past and future medical bills and their attorney’s fees.

Truck Crash

In this case, our client was injured from a rear-end collision with an eighteen-wheeler. Her original lawyer procured a settlement offer of $7,000.00 to settle her case. Because the offer did not approach the amount of bills she incurred from accident related treatment, she came to our firm for a consultation. She decided to hire us. We promptly filed suit and obtained a settlement for her.

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In some cases, the jury may award punitive damages to penalize the defendant for extreme negligence. However, if the jury finds that the defendant is not responsible or that the injury is not as severe as claimed, the plaintiff may not receive compensation. Understanding these possible outcomes helps the plaintiff approach the trial realistically, with a clear sense of both the rewards and challenges that can come with a court case.

Facing a TBI trial is a significant step in seeking justice and financial support after a traumatic brain injury. Understanding the process can help you prepare for what lies ahead and make informed choices every step of the way. If you or a loved one is dealing with a TBI caused by someone else’s negligence, reaching out for legal support can make a difference. Serrano Law is here to guide you through each stage of the trial, protecting your rights and fighting for fair compensation. Our team is ready to listen to your story and help you build a strong case for the justice you deserve.