Our law firm is committed to helping brain injury survivors and their families throughout the State of Florida, raise awareness of the prevalence of traumatic brain injuries (TBI). Our Senior Partner, Frank Toral, has contributed to this cause through his work on the Board of Directors of Brain Injury Association of Florida, Inc. (BIAF) and their Executive Committee for the past seven years. Mr. Toral is the current President of Brain Injury Association of Florida.

Toral Garcia & Franz, P.A. secure recent statewide victory for TBI advocacy

For years, minor children who became legally incapacitated by traumatic brain injuries, were able to retain immediate and vigorous representation through experienced counsel. Often, the ability to match the insurance companies, both investigating and gathering evidence early, is a key factor in obtaining a just result for the child.

On January 15, 2010, Toral Garcia & Franz, P.A., advocated and won these very same rights for incompetent and incapacitated adults and others who become incapacitated as a result of a Traumatic Brain Injury. In “In re: Guardianship of Deily v. Geico Ins. Co., 2010 WL143457 (Fla. 2nd DCA Jan. 15, 2010) the Second District Court of Appeals in Lakeland, Florida, ruled…While Phillips concerned a minor, we believe it equally applicable to an incompetent or incapacitated adult…

By expanding Phillips to include incompetent and incapacitated adults, the families and friends of these adults can, for the first time, immediately retain a law firm to advocate on behalf of said adults immediately. It correlates to a new right to meaningful access to the courts.

In this case, Toral Garcia & Franz, P.A. obtained the tender of the full policy limits on two insurance policies which afforded coverage. The trial court wrongly determined that Toral Garcia & Franz, P.A., which secured the settlements, did not have a valid representation agreement. The trial court thus negated those settlements and the work done by Toral Garcia & Franz, P.A. and sent a message to lawyers that they could not represent incapacitated persons until a guardian is appointed.

The firm is pleased to announce the expansion of rights it was able to secure for incapacitated and/or incompetent adults, will be valuable tools in advocacy on their behalf in the future.

Other notable Traumatic Brain Injury advocacy efforts

Mr. Toral has chaired many fundraising events benefiting brain injury causes in an effort to promote awareness regarding incidents of a Traumatic Brain Injury, improve access to resources for brain injury survivors and advocate for increased funding for direct services to TBI survivors and their families.

At a National Pediatric Brain Injury Conference, Frank Toral advocated to health care professionals the necessity of identifying clinical cases of Mild Traumatic Brain Injury in order to prevent them from going undiagnosed. Frank Toral also authored the handbook “My Child has a Brain Injury: What Do I Do Now?” where he stresses the need for the family to become an advocate and “services coordinator” on behalf of their child throughout the continuum of care.

Our law firm continues to support those organizations which promote prevention, advocacy and direct services to Traumatic Brain Injury survivors and their families in an effort to continue to help Florida families affected by a TBI. Mr. Toral and his wife recently established the Toral Family Foundation which provides direct financial resources to state and local organizations dedicated to helping brain injury survivors.

During the 2009 Legislative Session, Mr. Toral lobbied ranking members of both the Florida Senate and House of Representatives on behalf of over 200,000 Floridians living with a long-term TBI related disability. Additionally, he testified in a House Sub-Committee on disability and the Governors Commission on Disability regarding increasing resources for brain injury survivors. Mr. Toral will be actively involved in the 2010 legislative effort to maintain funding for the Brain Injury Association of Florida.