My Trial Lawyer · Florida
Brain Injury Claims After a Car Accident in Florida
No fee unless you win. Free consultation.
A traumatic brain injury (TBI) after a car accident in Florida can range from a concussion to a severe, life-changing injury, and symptoms are often delayed. Getting medical care within 14 days protects PIP benefits and creates a record of the injury. A catastrophic injury lawyer in Florida can pursue lost income, future care, and pain and suffering for victims in Palm Beach County, Miami-Dade, and statewide. Ask for a free case evaluation.
What Is a Traumatic Brain Injury From a Car Accident in Florida?
A traumatic brain injury happens when a sudden force disrupts normal brain function. In a car accident, the head may strike the steering wheel, window, or headrest, or the brain may move inside the skull during a violent stop or change of direction. A head strike is not required for a brain injury to occur.
TBIs range from mild injuries, often called concussions, to moderate and severe injuries that cause lasting changes in memory, thinking, mood, and physical ability. Even a so-called mild TBI can disrupt work and family life for months.
Start a free evaluation →
What Are the Signs of a Brain Injury After a Car Accident in Florida?
Some symptoms appear right away. Others develop over hours, days, or weeks. Watch for:
- Headaches that do not go away or get worse
- Dizziness, balance problems, or nausea
- Confusion, memory gaps, or trouble concentrating
- Sensitivity to light or noise and blurred vision
- Sleep changes, fatigue, irritability, anxiety, or depression
- Slurred speech, weakness, or numbness
Seek emergency care right away for repeated vomiting, a worsening headache, seizures, unequal pupils, unusual drowsiness, or loss of consciousness. These can signal bleeding or swelling in the brain.
How Is a Traumatic Brain Injury Diagnosed After a Florida Car Accident?
Emergency rooms often use a CT scan to look for bleeding or swelling that needs urgent treatment. A normal CT scan does not rule out a brain injury, because many concussions and diffuse injuries do not show up on standard imaging. Doctors may also use an MRI, a neurological exam, and neuropsychological testing to measure memory, attention, and processing speed.
Tell every provider about your symptoms, including changes your family has noticed. Consistent medical records are some of the strongest evidence in a TBI claim.
How Does Florida's PIP Law Apply to a Brain Injury?
Under Florida's no-fault law, your own Personal Injury Protection coverage pays 80% of reasonable medical expenses and 60% of lost wages, up to $10,000. You must receive initial care within 14 days of the crash. Full PIP benefits require a qualifying provider to find an emergency medical condition; otherwise, medical benefits may be capped at $2,500.
For most brain injuries, $10,000 is only the beginning. Diagnostic testing, therapy, and lost work quickly exceed PIP limits. Florida Statute 627.737(2) allows a claim for pain and suffering against the at-fault driver when the crash causes a permanent injury, and a lasting brain injury often meets that threshold.
What Compensation Can a TBI Victim Recover in Florida?
A brain injury claim can include:
- Past and future medical care, including rehabilitation and cognitive therapy
- Lost wages and reduced future earning capacity
- In-home care, assistive devices, and home modifications
- Pain and suffering, emotional distress, and loss of enjoyment of life
- Loss of consortium for a spouse in appropriate cases
Because a TBI can affect someone for life, an accurate claim often needs input from treating doctors, life care planners, and economists. Settling too early can leave future needs uncovered. Learn more about how car accident settlements are calculated in Florida.
Why Do Insurance Companies Dispute Brain Injury Claims in Florida?
Brain injuries are often invisible. Insurers may argue that a normal CT scan means no injury, that symptoms come from stress or a prior condition, or that the victim waited too long to get treatment. They may also try to shift blame under Florida's modified comparative negligence rule.
A strong response combines medical testing, testimony from family and coworkers about changes since the crash, and evidence of how the collision happened. Brain injuries also occur in motorcycle accidents, pedestrian accidents, and trucking accidents, where forces are often greater.
How Can a Florida Brain Injury Lawyer Help?
My Trial Lawyer, led by partners Stephen Engelman and Devin Locay, prepares serious injury cases for trial from day one. The firm works with medical professionals to document the full impact of a brain injury and handles cases on a contingency fee basis. Most claims must be filed within two years under Florida's personal injury statute of limitations. If you or a loved one suffered a brain injury in Palm Beach County, Miami-Dade, Broward, or anywhere in Florida, call (786) 855-1000 or request a free case evaluation.
Frequently Asked Questions About Traumatic Brain Injury After a Car Accident in Florida and Palm Beach County
Yes. The sudden acceleration and deceleration of a crash can move the brain inside the skull and cause injury even without a direct blow to the head. This is common in rear-end and side-impact collisions.
Start a free evaluation →Some symptoms appear immediately, while others develop over hours, days, or weeks. Headaches, memory problems, mood changes, and sleep issues may become noticeable only after you return to work or normal routines. Report new symptoms to your doctor as soon as they appear.
Start a free evaluation →Yes. A concussion is a mild traumatic brain injury. "Mild" refers to the initial severity, not the long-term effects. Some people recover within weeks, while others have symptoms that last months or longer and affect their ability to work.
Start a free evaluation →Yes. A CT scan mainly looks for bleeding and swelling. Many concussions and diffuse brain injuries do not appear on CT. An MRI, a neurological exam, and neuropsychological testing can help document the injury.
Start a free evaluation →Florida requires initial medical treatment within 14 days of a car accident to use PIP benefits. Because brain injury symptoms can be delayed, it is important to get checked promptly after any crash, even if you feel fine at first.
Start a free evaluation →PIP pays 80% of reasonable medical bills and 60% of lost wages up to $10,000, regardless of fault. Full benefits require a finding of an emergency medical condition. Most brain injury costs exceed PIP limits, so a claim against the at-fault driver is often needed.
Start a free evaluation →Yes, if the injury meets Florida's permanent injury threshold under Florida Statute 627.737(2). A brain injury with lasting effects on memory, thinking, or physical function often qualifies. Medical opinions on permanence are key evidence.
Start a free evaluation →There is no standard value. It depends on the severity of the injury, medical costs, lost earning capacity, future care needs, fault, and available insurance. Serious brain injury claims often require detailed analysis of lifetime costs before settlement.
Start a free evaluation →For accidents on or after March 24, 2023, most negligence claims must be filed within two years of the accident. The deadline usually runs from the crash date, not the diagnosis date, so speak with a lawyer as early as possible.
Start a free evaluation →In appropriate cases, a spouse may bring a claim for loss of consortium, which covers the loss of companionship and support. If the injured person is a child, parents may recover certain medical expenses. A lawyer can review which claims apply.
Start a free evaluation →Keep detailed medical records, follow your treatment plan, and gather statements from people who noticed changes in you after the crash. A lawyer can work with medical professionals to connect your symptoms to the collision.
Start a free evaluation →Yes. Riders and pedestrians have little protection, and brain injuries are among the most serious risks in these crashes. Florida allows many adult riders to ride without a helmet, but the defense may argue helmet use would have reduced the injury.
Start a free evaluation →Yes. My Trial Lawyer represents brain injury victims in West Palm Beach, Boca Raton, Delray Beach, Boynton Beach, Jupiter, and across Palm Beach County, as well as Miami-Dade, Broward, and throughout Florida. Call (786) 855-1000 for a free case evaluation.
Start a free evaluation →
Tell us what happened
Free case evaluation
All personal injury cases are handled on a contingency fee basis, meaning no upfront legal fees and no payment unless compensation is recovered.