Traumatic Brain Injury Claims in Florida: Compensation and Legal Options

A traumatic brain injury does not always look severe from the outside.

Someone may walk away from a crash or fall and later struggle with headaches, memory problems, concentration, dizziness, mood changes, or difficulty returning to work.

The CDC defines a traumatic brain injury, or TBI, as an injury that affects how the brain works. Even a mild TBI or concussion can cause physical, cognitive, emotional, and sleep-related symptoms, while moderate or severe injuries can create long-term or lifelong problems.

When another person or business caused the injury, a Florida personal injury claim may help address both the immediate losses and the TBI’s future impact.

What Is a Traumatic Brain Injury?

A TBI can result from a blow, jolt, or other trauma that disrupts normal brain function.

Symptoms vary significantly from person to person.

They may include:

• Headaches
• Dizziness or balance problems
• Memory problems
• Difficulty concentrating
• Vision problems
• Fatigue
• Sleep changes
• Irritability or emotional changes
• Problems communicating or learning

Some concussion symptoms appear immediately, while others may not become noticeable until hours or days later.

That can make TBI claims more complicated than injuries that are immediately visible on an X-ray.

What Accidents Can Lead to a Florida TBI Claim?

A traumatic brain injury is the injury, not the legal claim itself.

The available legal option depends on what caused it.

For example, a TBI may result from:

• A car or truck accident
• A motorcycle or pedestrian accident
• A slip or trip and fall
• A construction or workplace accident
• Negligent security or an assault
• A defective product
• Medical negligence

A car crash may produce a negligence claim against an at-fault driver. A fall may involve premises liability. A workplace TBI may involve workers’ compensation and, in some situations, a separate third-party claim.

The first legal question is therefore:

Who caused the injury, and what duty did that person or business owe?

What Compensation May Be Available After a Traumatic Brain Injury?

The value of a TBI claim depends on the injury’s severity and how it affects the person’s life.

Potential compensation in a Florida personal injury case may include:

Medical Expenses

A claim may seek compensation for past treatment as well as reasonably supported future medical needs.

For a serious TBI, that can potentially involve:

• Hospital treatment
• Neurology care
• Rehabilitation
• Physical, occupational, or cognitive therapy
• Medication
• Future evaluations
• Assistive care or services

Moderate and severe TBIs can lead to chronic health problems and long-term difficulties with thinking, movement, behavior, and daily functioning.

Lost Income and Reduced Earning Capacity

A brain injury can interfere with concentration, memory, communication, decision-making, or physical ability.

If those limitations prevent someone from returning to the same job or reduce future earning ability, lost wages and diminished earning capacity may become important parts of the claim.

Pain, Suffering, and Loss of Quality of Life

A personal injury claim may also seek noneconomic damages for the effects of the injury on daily life, including pain, emotional distress, permanent impairment, and loss of enjoyment of life. Cohen Injury Law identifies these among the damages it pursues in Florida personal injury cases.

The exact damages available depend on the type of case.

How Are TBI Claims Different After a Florida Car Accident?

Florida’s no-fault insurance system adds extra rules to a TBI caused by a motor vehicle crash.

PIP generally provides up to $10,000 in combined medical and disability benefits, subject to eligibility requirements. Initial qualifying medical care generally must be received within 14 days, and PIP pays 80% of qualifying medical expenses and 60% of qualifying lost income within the statutory framework.

But PIP is only part of the picture.

To recover pain, suffering, mental anguish, and inconvenience in a covered motor vehicle tort claim, Florida §627.737 requires an injury meeting the statutory threshold, such as a significant permanent loss of an important bodily function or a permanent injury within a reasonable degree of medical probability.

A TBI does not automatically satisfy that threshold simply because it was diagnosed. The medical evidence and lasting effects matter.

What Evidence Can Strengthen a Traumatic Brain Injury Claim?

TBI cases often depend heavily on documentation because some symptoms cannot be seen.

Useful evidence may include:

• Emergency and hospital records
• Neurologist or specialist evaluations
• Diagnostic imaging where appropriate
• Neuropsychological testing
• Rehabilitation records
• Work restrictions and wage records
• Statements from family members or coworkers
• Records showing changes in memory, behavior, or daily functioning

Evidence from before the injury can also become important when an insurer argues that symptoms existed previously.

The goal is not merely to prove that an accident occurred. It is to connect the accident to the brain injury and document how that injury changed the person’s life.

What If You Were Partly Responsible for the Accident?

Florida uses modified comparative fault in most negligence cases.

A claimant’s damages can be reduced according to their percentage of fault. Under current §768.81, a person found greater than 50% responsible for their own harm generally cannot recover damages in covered negligence actions. The greater-than-50% bar does not apply to medical-negligence actions under Chapter 766.

So partial fault does not automatically eliminate every TBI claim, but the percentage can significantly affect recovery.

How Long Do You Have to File a TBI Claim in Florida?

There is no special universal deadline simply because the injury is a TBI.

The deadline depends on the underlying legal claim.

For an ordinary Florida negligence action, the current limitation period is generally two years. Medical malpractice also has a two-year limitations framework but uses different accrual, discovery, presuit, and repose rules.

Claims involving governmental defendants, workplace injuries, wrongful death, or other legal theories can involve different requirements.

That is why the cause of the brain injury matters when determining the deadline.

How Can Cohen Injury Law Help With a Traumatic Brain Injury Claim?

At Cohen Injury Law, we represent people injured because of negligence and investigate how an injury occurred, who may be responsible, what insurance applies, and how the injury has affected the client’s future.

Our firm handles serious injuries arising from car accidents, falls, negligent security, and other personal injury matters, including traumatic brain injuries in fall cases.

Founding attorney Zach Cohen previously represented insurance companies in personal injury claims. We offer free consultations across South Florida from our Fort Lauderdale office. Call 954-246-3999.

Frequently Asked Questions

Is a Concussion Considered a Traumatic Brain Injury?

Yes. A concussion is a form of mild traumatic brain injury. Symptoms can affect thinking, memory, balance, mood, sleep, and other functions, and some symptoms may appear hours or days later.

Can You Have a TBI Without Losing Consciousness?

Yes. Loss of consciousness is not required for every traumatic brain injury. Symptoms and severity vary, which is why medical evaluation and documentation can be important after significant head trauma.

How Much Is a Florida Traumatic Brain Injury Claim Worth?

There is no fixed value. Compensation can depend on medical expenses, future care, lost income, reduced earning capacity, permanent impairment, pain and suffering, available insurance, liability, and the strength of the medical evidence.

Can You Recover Compensation for Future TBI Care?

Potentially. When medical evidence supports reasonably necessary future treatment or assistance caused by the injury, those anticipated costs can become part of the damages evaluated in a personal injury claim.

Final Thoughts

A traumatic brain injury claim is about more than proving that someone suffered a blow to the head.

The legal case must connect the accident to the brain injury and show how the resulting symptoms affect medical needs, employment, independence, and daily life.

That becomes especially important when memory problems, concentration difficulties, emotional changes, or other effects continue long after the original accident.

The available legal options depend on how the TBI happened, while the potential compensation depends heavily on how completely its present and future consequences can be documented.