Brain Injury FAQs

A traumatic brain injury occurs when a sudden external force damages the brain. TBIs range from mild concussions to severe injuries that leave lasting cognitive, physical, and emotional impairments. Even concussions labeled “mild” can affect memory, concentration, and daily life for months or longer.

Car and truck crashes are among the most common in Florida, and they cause the most severe TBIs. Slip-and-fall incidents are another leading cause, particularly among older adults and young children. Sports incidents, acts of violence, and workplace accidents, especially on construction sites, round out the most frequent causes.

It depends heavily on the severity of the injury, the amount of medical treatment needed, lost income, and the overall impact on your quality of life. Moderate to severe TBIs in Florida, for example, often produce higher-end settlements because the victim typically needs lifelong medical care, rehabilitation, and help with daily living.

You need to prove that someone else’s negligence caused your injury. To do that, you should gather medical records and imaging, such as CT scans or MRIs, obtain expert testimony from neurologists or neuropsychologists, document how the injury affects your day-to-day life and your ability to work, and present evidence of what the at-fault party did wrong.

You have two years from the date of injury to file a brain injury lawsuit in Florida. If you miss this deadline, you’re almost certainly barred from recovering anything, no matter how serious the injury. There are a number of exceptions for minors and cases involving fraud or concealment, so speak with an attorney if you think that may apply in your case.

You can, but Florida’s modified comparative negligence rule limits what you recover. For instance, you can still recover compensation if you were 50% or less at fault, but your award will be reduced by your percentage of fault.

You can recover economic damages needed for medical bills, future care costs, lost wages, and reduced earning capacity. You can also recover non-economic damages, which cover pain and suffering, emotional distress, loss of enjoyment of life, and cognitive impairment. If the defendant acted with gross negligence, punitive damages may come into play as well.

Yes, a concussion is classified as a mild TBI. But “mild” is a medical label, not a description of how it feels. Concussions can cause headaches, dizziness, memory issues, and mood changes that linger for weeks or months. Some people develop post-concussion syndrome with long-term effects. A concussion caused by someone else’s negligence can absolutely support a personal injury claim.

Brain injury settlements take anywhere from several months to two or more years. Severe TBI cases tend to take longer because doctors often need time to determine the full extent of the damage. Settlement discussions are more productive once the victim reaches maximum medical improvement. Litigation or going to trial extends the timeline further.

Get medical attention right away, even if the symptoms seem minor. Then, follow up with a neurologist or concussion specialist and stick with the treatment plan. Write down your symptoms each day, preserve any evidence from the scene of the accident, and report the incident to the appropriate authorities. Finally, talk to a brain injury attorney before too much time passes.