Traumatic Brain Injury Lawyer in Margate, FL | Louis Law Group
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4/30/2026 | 1 min read
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Traumatic Brain Injury Lawyer in Margate, FL: Fighting Insurance Company Tactics
When you or a loved one suffers a traumatic brain injury (TBI) in Margate, the road to recovery is rarely straightforward. Beyond the immediate medical crisis, you'll face a more insidious challenge: insurance companies that profit by denying or minimizing your claim. A traumatic brain injury lawyer in Margate, FL can level the playing field and ensure you receive the compensation your injury deserves.
At Louis Law Group, we've spent years fighting aggressive insurance tactics on behalf of TBI victims throughout Broward County. We understand how insurers exploit the invisible nature of brain injuries to undervalue claims, delay payments, and pressure injured people into accepting settlements far below their true worth. This article explains the most common insurance company strategies and how an experienced attorney protects your rights.
How Insurance Companies Minimize Traumatic Brain Injury Claims
Insurance companies employ a playbook when handling TBI claims in Margate and across Broward County. Their goal is simple: pay as little as possible, as slowly as possible. Understanding these tactics is your first line of defense.
Disputing the Injury's Severity
One of the most common tactics is claiming your brain injury isn't as serious as you claim. Unlike a broken bone visible on X-rays, TBIs often don't show up on initial CT scans or MRIs. Insurance adjusters exploit this by suggesting your symptoms are exaggerated, psychological, or unrelated to the accident. They may argue that because you "looked fine" after the crash on Route 7 or near the intersection of Atlantic Boulevard and State Road 7 in Margate, your injury couldn't be significant.
This is medically inaccurate and deeply unfair. Traumatic brain injuries—including concussions, closed head injuries, and diffuse axonal injuries—can develop over hours or days. Cognitive impairment, memory loss, personality changes, and other symptoms may not appear immediately. A traumatic brain injury lawyer in Margate, FL knows how to counter this argument with expert medical testimony and imaging evidence that documents your actual injury.
Attributing Symptoms to Pre-Existing Conditions
Insurance companies routinely argue that your current symptoms stem from prior medical conditions rather than the accident. If you had any history of headaches, depression, or cognitive issues, they'll claim your post-accident symptoms are unrelated. This tactic is especially damaging because it shifts the burden to you to prove causation.
Florida law recognizes that a pre-existing condition doesn't bar recovery if the accident aggravated or accelerated it. However, proving this requires detailed medical records, expert opinions, and careful documentation of how your condition changed after the injury. Our firm knows how to build this evidence and present it compellingly to insurers and, if necessary, to a jury in Broward County courts.
Undervaluing Long-Term Care Needs
Many TBI victims require ongoing care, rehabilitation, cognitive therapy, or vocational retraining. Insurance companies often ignore these future costs entirely, focusing only on immediate medical bills. They may hire their own "independent" medical examiner—who has financial incentives to minimize your injury—and use that exam to argue you don't need long-term treatment.
This is where life care plan evidence becomes critical. Under Florida law, a properly prepared life care plan can document all future medical, therapeutic, and support services you'll need as a result of your TBI. A traumatic brain injury lawyer in Margate, FL will work with life care planning experts to quantify these costs and present them as admissible evidence in settlement negotiations or trial.
The Role of Comparative Fault Under Florida Law
Florida Statute section 768.81 governs comparative fault in personal injury cases. Under this rule, you can recover damages even if you're partially at fault for the accident—as long as you're 50% or less responsible. However, your recovery is reduced by your percentage of fault.
Insurance companies weaponize this rule. They'll argue that you were speeding, distracted, or failed to avoid the accident, attempting to shift blame to you. In Margate car accidents—whether near the Margate Commons shopping area or along busy corridors like Atlantic Boulevard—these arguments are common.
Our traumatic brain injury lawyer in Margate, FL conducts thorough investigations, gathering police reports, witness statements, accident reconstruction evidence, and traffic camera footage to establish fault accurately. We don't let insurers distort the facts to reduce your settlement.
Common Traumatic Brain Injury Types and Insurance Company Denial Patterns
Concussions and Mild TBIs
Concussions are the most common form of traumatic brain injury, often resulting from car accidents or falls. Insurance companies frequently minimize concussions, calling them "minor" or "not requiring significant treatment." They ignore that even mild concussions can cause persistent cognitive impairment, memory loss, concentration problems, and chronic headaches that disrupt work and daily life.
Closed Head Injuries
In closed head injuries, the brain sustains damage without the skull being penetrated. These injuries are particularly difficult to document initially, which gives insurers ammunition to deny or delay claims. Symptoms may include personality changes, mood swings, irritability, and behavioral issues that develop gradually.
Diffuse Axonal Injuries
Diffuse axonal injuries (DAI) occur when the brain moves rapidly within the skull, damaging nerve fibers throughout the brain. DAI is often associated with high-impact accidents and can cause severe, long-lasting cognitive and physical impairment. Insurance companies sometimes deny DAI claims because advanced imaging is required to document the injury. Our firm ensures you receive the specialized neuroimaging and expert testimony needed to prove DAI.
How a Traumatic Brain Injury Lawyer Protects You
Comprehensive Medical Documentation
We work with board-certified neurologists, neuropsychologists, and other specialists to thoroughly document your injury. This includes advanced imaging (MRI, fMRI, PET scans), neuropsychological testing, and detailed medical records that establish both the injury and its functional impact on your life.
Expert Testimony and Life Care Planning
Insurance companies expect victims to face them alone. We bring in life care planners, vocational rehabilitation experts, and economic damages specialists who quantify the true cost of your injury—including lost earning capacity, future medical care, and non-economic damages like pain and suffering.
Aggressive Negotiation and Litigation Readiness
Insurance companies know which attorneys will take cases to trial. When we represent you, they know we're prepared to litigate in Broward County courts if necessary. This changes the negotiation dynamic significantly. We don't accept lowball offers; we fight for full compensation.
Navigating Florida's New Tort System
In 2024, Florida transitioned from a no-fault auto insurance system to a tort-based system under HB 837. This change affects how TBI claims are pursued. We stay current on these legal changes and leverage them to your advantage, ensuring your claim is filed and pursued under the most favorable legal framework available.
Why Choose Louis Law Group as Your Traumatic Brain Injury Lawyer in Margate, FL
We understand that choosing an attorney is personal. Here's what sets us apart:
- No Fee Unless We Win: We work on a contingency fee basis, meaning you pay nothing unless we recover compensation for you. This aligns our interests with yours.
- Free Case Evaluation: We offer a comprehensive, no-obligation review of your claim. We'll explain your legal options and what we believe your case is worth.
- Florida Bar Licensed and Experienced: Our attorneys are licensed to practice in Florida and have extensive experience handling TBI cases in Broward County courts.
- Aggressive Negotiation and Litigation: We don't settle cases quickly or cheaply. We negotiate hard and aren't afraid to take cases to trial when necessary to protect your rights.
- Local Knowledge: We know Margate, we know Broward County courts, and we know the judges and opposing counsel. This local advantage matters.
Call or text (833) 657-4812 for a free consultation with a traumatic brain injury lawyer in Margate, FL. We're ready to fight for you.
The Impact of Traumatic Brain Injury on Your Life
A TBI doesn't just affect your body; it affects every aspect of your life. Cognitive impairment can make it impossible to return to your previous job. Memory loss disrupts relationships and independence. Personality changes strain family dynamics. Seizures and chronic headaches create daily suffering.
Insurance companies count on you being too overwhelmed to fight back. They hope you'll accept a quick settlement just to move forward. Don't let them exploit your vulnerability. A traumatic brain injury lawyer in Margate, FL will shoulder the legal burden while you focus on healing.
Understanding Your Rights Under Florida's Modified Comparative Negligence Rule
Florida's 51% bar rule means you cannot recover if you're more than 50% at fault for the accident. However, if you're 50% or less at fault, you can recover damages reduced by your percentage of fault. For example, if your claim is worth $100,000 and you're 25% at fault, you'd recover $75,000.
Insurance companies misuse this rule to argue you bear significant responsibility, even when evidence suggests otherwise. We conduct thorough investigations and use expert reconstruction evidence to establish accurate fault percentages. In many cases, we demonstrate that our clients bear little to no responsibility for the accident.
What to Do Immediately After a Traumatic Brain Injury
If you've suffered a TBI in Margate or anywhere in Broward County, here are critical steps:
- Seek Medical Attention: Even if you feel "fine," get evaluated immediately. Some TBI symptoms develop over hours or days.
- Document Everything: Keep detailed records of all symptoms, medical appointments, treatments, and how the injury affects your daily life.
- Don't Give Recorded Statements: Insurance adjusters will request recorded statements. Politely decline until you've consulted an attorney.
- Preserve Evidence: Keep the accident scene photos, vehicle damage photos, witness contact information, and police reports.
- Contact a Traumatic Brain Injury Lawyer in Margate, FL: The sooner you have legal representation, the better we can protect your rights and preserve evidence.
Check if you qualify for compensation by contacting Louis Law Group today.
Frequently Asked Questions About Traumatic Brain Injury Claims in Margate, FL
What is the difference between a concussion and a traumatic brain injury?
A concussion is a type of traumatic brain injury caused by a blow to the head or violent shaking. Not all TBIs are concussions, but all concussions are TBIs. Concussions are generally considered mild TBIs, though they can have serious long-term effects. More severe TBIs include closed head injuries and diffuse axonal injuries that cause greater damage to brain tissue.
How long do I have to file a traumatic brain injury lawsuit in Florida?
Florida's statute of limitations for personal injury claims, including TBI claims, is generally four years from the date of injury. However, this timeline can be shorter in certain circumstances, and it's critical to act quickly to preserve evidence. Contact us immediately after your injury to ensure your rights are protected.
Can I recover compensation for non-economic damages like pain and suffering from a TBI?
Yes. Florida law allows recovery for both economic damages (medical bills, lost wages, future care costs) and non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life). TBI cases often involve substantial non-economic damages because the injury's impact on quality of life is severe and long-lasting.
What if I was partially at fault for the accident that caused my TBI?
Under Florida's modified comparative negligence rule, you can still recover if you're 50% or less at fault. Your recovery is reduced by your percentage of fault. For example, if you're 20% at fault, you recover 80% of your damages. Our job is to minimize your fault percentage and maximize your recovery.
How much is my traumatic brain injury claim worth?
The value of a TBI claim depends on many factors: the severity of the injury, your age and life expectancy, lost earning capacity, future medical and care costs, pain and suffering, and liability strength. We evaluate all these factors during a free consultation and provide an honest assessment of your claim's value. Call or text (833) 657-4812 to discuss your specific case.
Do I need to hire a lawyer, or can I handle my TBI claim myself?
While you have the right to represent yourself, insurance companies exploit unrepresented claimants. They know individuals rarely understand the true value of their claims or the tactics used to minimize them. An experienced traumatic brain injury lawyer in Margate, FL ensures you're treated fairly and receive full compensation. We work on contingency, so there's no financial risk to hiring us.
Call or text (833) 657-4812 for a free consultation. Check if you qualify for compensation and take the first step toward justice and recovery.
Legal Disclaimer
This page is provided for general informational purposes only and does not constitute legal advice. Reading this page does not create an attorney-client relationship with Louis Law Group or any of its attorneys. Florida law changes frequently; statutes and case law cited here are believed accurate as of publication but should be verified. Every personal injury case is unique — the outcome of your case depends on its specific facts. For advice on your situation, schedule a free consultation by calling or texting (833) 657-4812.
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Frequently Asked Questions
How Insurance Companies Minimize Traumatic Brain Injury Claims
Insurance companies employ a playbook when handling TBI claims in Margate and across Broward County. Their goal is simple: pay as little as possible, as slowly as possible. Understanding these tactics is your first line of defense. Disputing the Injury's Severity One of the most common tactics is claiming your brain injury isn't as serious as you claim. Unlike a broken bone visible on X-rays, TBIs often don't show up on initial CT scans or MRIs. Insurance adjusters exploit this by suggesting your symptoms are exaggerated, psychological, or unrelated to the accident. They may argue that because you "looked fine" after the crash on Route 7 or near the intersection of Atlantic Boulevard and State Road 7 in Margate, your injury couldn't be significant. This is medically inaccurate and deeply unfair. Traumatic brain injuries—including concussions, closed head injuries, and diffuse axonal injuries—can develop over hours or days. Cognitive impairment, memory loss, personality changes, and other symptoms may not appear immediately. A traumatic brain injury lawyer in Margate, FL knows how to counter this argument with expert medical testimony and imaging evidence that documents your actual injury. Attributing Symptoms to Pre-Existing Conditions Insurance companies routinely argue that your current symptoms stem from prior medical conditions rather than the accident. If you had any history of headaches, depression, or cognitive issues, they'll claim your post-accident symptoms are unrelated. This tactic is especially damaging because it shifts the burden to you to prove causation. Florida law recognizes that a pre-existing condition doesn't bar recovery if the accident aggravated or accelerated it. However, proving this requires detailed medical records, expert opinions, and careful documentation of how your condition changed after the injury. Our firm knows how to build this evidence and present it compellingly to insurers and, if necessary, to a jury in Broward County courts. Undervaluing Long-Term Care Needs Many TBI victims require ongoing care, rehabilitation, cognitive therapy, or vocational retraining. Insurance companies often ignore these future costs entirely, focusing only on immediate medical bills. They may hire their own "independent" medical examiner—who has financial incentives to minimize your injury—and use that exam to argue you don't need long-term treatment. This is where life care plan evidence becomes critical. Under Florida law, a properly prepared life care plan can document all future medical, therapeutic, and support services you'll need as a result of your TBI. A traumatic brain injury lawyer in Margate, FL will work with life care planning experts to quantify these costs and present them as admissible evidence in settlement negotiations or trial.
The Role of Comparative Fault Under Florida Law
Florida Statute section 768.81 governs comparative fault in personal injury cases. Under this rule, you can recover damages even if you're partially at fault for the accident—as long as you're 50% or less responsible. However, your recovery is reduced by your percentage of fault. Insurance companies weaponize this rule. They'll argue that you were speeding, distracted, or failed to avoid the accident, attempting to shift blame to you. In Margate car accidents—whether near the Margate Commons shopping area or along busy corridors like Atlantic Boulevard—these arguments are common. Our traumatic brain injury lawyer in Margate, FL conducts thorough investigations, gathering police reports, witness statements, accident reconstruction evidence, and traffic camera footage to establish fault accurately. We don't let insurers distort the facts to reduce your settlement.
Common Traumatic Brain Injury Types and Insurance Company Denial Patterns
Concussions and Mild TBIs Concussions are the most common form of traumatic brain injury, often resulting from car accidents or falls. Insurance companies frequently minimize concussions, calling them "minor" or "not requiring significant treatment." They ignore that even mild concussions can cause persistent cognitive impairment, memory loss, concentration problems, and chronic headaches that disrupt work and daily life. Closed Head Injuries In closed head injuries, the brain sustains damage without the skull being penetrated. These injuries are particularly difficult to document initially, which gives insurers ammunition to deny or delay claims. Symptoms may include personality changes, mood swings, irritability, and behavioral issues that develop gradually. Diffuse Axonal Injuries Diffuse axonal injuries (DAI) occur when the brain moves rapidly within the skull, damaging nerve fibers throughout the brain. DAI is often associated with high-impact accidents and can cause severe, long-lasting cognitive and physical impairment. Insurance companies sometimes deny DAI claims because advanced imaging is required to document the injury. Our firm ensures you receive the specialized neuroimaging and expert testimony needed to prove DAI.
How a Traumatic Brain Injury Lawyer Protects You
Comprehensive Medical Documentation We work with board-certified neurologists, neuropsychologists, and other specialists to thoroughly document your injury. This includes advanced imaging (MRI, fMRI, PET scans), neuropsychological testing, and detailed medical records that establish both the injury and its functional impact on your life. Expert Testimony and Life Care Planning Insurance companies expect victims to face them alone. We bring in life care planners, vocational rehabilitation experts, and economic damages specialists who quantify the true cost of your injury—including lost earning capacity, future medical care, and non-economic damages like pain and suffering. Aggressive Negotiation and Litigation Readiness Insurance companies know which attorneys will take cases to trial. When we represent you, they know we're prepared to litigate in Broward County courts if necessary. This changes the negotiation dynamic significantly. We don't accept lowball offers; we fight for full compensation. Navigating Florida's New Tort System In 2024, Florida transitioned from a no-fault auto insurance system to a tort-based system under HB 837. This change affects how TBI claims are pursued. We stay current on these legal changes and leverage them to your advantage, ensuring your claim is filed and pursued under the most favorable legal framework available.
Why Choose Louis Law Group as Your Traumatic Brain Injury Lawyer in Margate, FL
We understand that choosing an attorney is personal. Here's what sets us apart: No Fee Unless We Win: We work on a contingency fee basis, meaning you pay nothing unless we recover compensation for you. This aligns our interests with yours. Free Case Evaluation: We offer a comprehensive, no-obligation review of your claim. We'll explain your legal options and what we believe your case is worth. Florida Bar Licensed and Experienced: Our attorneys are licensed to practice in Florida and have extensive experience handling TBI cases in Broward County courts. Aggressive Negotiation and Litigation: We don't settle cases quickly or cheaply. We negotiate hard and aren't afraid to take cases to trial when necessary to protect your rights. Local Knowledge: We know Margate, we know Broward County courts, and we know the judges and opposing counsel. This local advantage matters. Call or text (833) 657-4812 for a free consultation with a traumatic brain injury lawyer in Margate, FL. We're ready to fight for you.
The Impact of Traumatic Brain Injury on Your Life
A TBI doesn't just affect your body; it affects every aspect of your life. Cognitive impairment can make it impossible to return to your previous job. Memory loss disrupts relationships and independence. Personality changes strain family dynamics. Seizures and chronic headaches create daily suffering. Insurance companies count on you being too overwhelmed to fight back. They hope you'll accept a quick settlement just to move forward. Don't let them exploit your vulnerability. A traumatic brain injury lawyer in Margate, FL will shoulder the legal burden while you focus on healing.
Understanding Your Rights Under Florida's Modified Comparative Negligence Rule
Florida's 51% bar rule means you cannot recover if you're more than 50% at fault for the accident. However, if you're 50% or less at fault, you can recover damages reduced by your percentage of fault. For example, if your claim is worth $100,000 and you're 25% at fault, you'd recover $75,000. Insurance companies misuse this rule to argue you bear significant responsibility, even when evidence suggests otherwise. We conduct thorough investigations and use expert reconstruction evidence to establish accurate fault percentages. In many cases, we demonstrate that our clients bear little to no responsibility for the accident.
What to Do Immediately After a Traumatic Brain Injury
If you've suffered a TBI in Margate or anywhere in Broward County, here are critical steps: Seek Medical Attention: Even if you feel "fine," get evaluated immediately. Some TBI symptoms develop over hours or days. Document Everything: Keep detailed records of all symptoms, medical appointments, treatments, and how the injury affects your daily life. Don't Give Recorded Statements: Insurance adjusters will request recorded statements. Politely decline until you've consulted an attorney. Preserve Evidence: Keep the accident scene photos, vehicle damage photos, witness contact information, and police reports. Contact a Traumatic Brain Injury Lawyer in Margate, FL: The sooner you have legal representation, the better we can protect your rights and preserve evidence. Check if you qualify for compensation by contacting Louis Law Group today.
What is the difference between a concussion and a traumatic brain injury?
A concussion is a type of traumatic brain injury caused by a blow to the head or violent shaking. Not all TBIs are concussions, but all concussions are TBIs. Concussions are generally considered mild TBIs, though they can have serious long-term effects. More severe TBIs include closed head injuries and diffuse axonal injuries that cause greater damage to brain tissue.
How long do I have to file a traumatic brain injury lawsuit in Florida?
Florida's statute of limitations for personal injury claims, including TBI claims, is generally four years from the date of injury. However, this timeline can be shorter in certain circumstances, and it's critical to act quickly to preserve evidence. Contact us immediately after your injury to ensure your rights are protected.
Can I recover compensation for non-economic damages like pain and suffering from a TBI?
Yes. Florida law allows recovery for both economic damages (medical bills, lost wages, future care costs) and non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life). TBI cases often involve substantial non-economic damages because the injury's impact on quality of life is severe and long-lasting.
What if I was partially at fault for the accident that caused my TBI?
Under Florida's modified comparative negligence rule, you can still recover if you're 50% or less at fault. Your recovery is reduced by your percentage of fault. For example, if you're 20% at fault, you recover 80% of your damages. Our job is to minimize your fault percentage and maximize your recovery.
How much is my traumatic brain injury claim worth?
The value of a TBI claim depends on many factors: the severity of the injury, your age and life expectancy, lost earning capacity, future medical and care costs, pain and suffering, and liability strength. We evaluate all these factors during a free consultation and provide an honest assessment of your claim's value. Call or text (833) 657-4812 to discuss your specific case.
Do I need to hire a lawyer, or can I handle my TBI claim myself?
While you have the right to represent yourself, insurance companies exploit unrepresented claimants. They know individuals rarely understand the true value of their claims or the tactics used to minimize them. An experienced traumatic brain injury lawyer in Margate, FL ensures you're treated fairly and receive full compensation. We work on contingency, so there's no financial risk to hiring us. Call or text (833) 657-4812 for a free consultation. Check if you qualify for compensation and take the first step toward justice and recovery. {"@context": "https://schema.org", "@type": "FAQPage", "mainEntity": [{"@type": "Question", "name": "Frequently Asked Questions About Traumatic Brain Injury Claims in Margate, FL\n\nWhat is the difference between a concussion and a traumatic brain injury?", "acceptedAnswer": {"@type": "Answer", "text": "A concussion is a type of traumatic brain injury caused by a blow to the head or violent shaking. Not all TBIs are concussions, but all concussions are TBIs. Concussions are generally considered mild TBIs, though they can have serious long-term effects. More severe TBIs include closed head injuries and diffuse axonal injuries that cause greater damage to brain tissue."}}, {"@type": "Question", "name": "How long do I have to file a traumatic brain injury lawsuit in Florida?", "acceptedAnswer": {"@type": "Answer", "text": "Florida's statute of limitations for personal injury claims, including TBI claims, is generally four years from the date of injury. However, this timeline can be shorter in certain circumstances, and it's critical to act quickly to preserve evidence. Contact us immediately after your injury to ensure your rights are protected."}}, {"@type": "Question", "name": "Can I recover compensation for non-economic damages like pain and suffering from a TBI?", "acceptedAnswer": {"@type": "Answer", "text": "Yes. Florida law allows recovery for both economic damages (medical bills, lost wages, future care costs) and non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life). TBI cases often involve substantial non-economic damages because the injury's impact on quality of life is severe and long-lasting."}}, {"@type": "Question", "name": "What if I was partially at fault for the accident that caused my TBI?", "acceptedAnswer": {"@type": "Answer", "text": "Under Florida's modified comparative negligence rule, you can still recover if you're 50% or less at fault. Your recovery is reduced by your percentage of fault. For example, if you're 20% at fault, you recover 80% of your damages. Our job is to minimize your fault percentage and maximize your recovery."}}, {"@type": "Question", "name": "How much is my traumatic brain injury claim worth?", "acceptedAnswer": {"@type": "Answer", "text": "The value of a TBI claim depends on many factors: the severity of the injury, your age and life expectancy, lost earning capacity, future medical and care costs, pain and suffering, and liability strength. We evaluate all these factors during a free consultation and provide an honest assessment of your claim's value. Call or text (833) 657-4812 to discuss your specific case."}}, {"@type": "Question", "name": "Do I need to hire a lawyer, or can I handle my TBI claim myself?", "acceptedAnswer": {"@type": "Answer", "text": "While you have the right to represent yourself, insurance companies exploit unrepresented claimants. They know individuals rarely understand the true value of their claims or the tactics used to minimize them. An experienced traumatic brain injury lawyer in Margate, FL ensures you're treated fairly and receive full compensation. We work on contingency, so there's no financial risk to hiring us."}}]} {"@context": "https://schema.org", "@type": "LegalService", "name": "Louis Law Group", "url": "https://www.louislawgroup.com", "telephone": "+18336574812", "priceRange": "Free consultation - contingency fee", "description": "Personal injury attorneys serving Margate, Broward County \u2014 tbi cases. No fee unless we win.", "areaServed": [{"@type": "City", "name": "Margate", "containedInPlace": {"@type": "State", "name": "Florida"}}, {"@type": "AdministrativeArea", "name": "Broward County"}], "address": {"@type": "PostalAddress", "addressRegion": "FL", "addressCountry": "US"}}
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