Navigating the Florida Legal System: Steps to Take After a Traumatic Brain Injury

A traumatic brain injury (TBI) can dramatically change your life in an instant. When you or a loved one suffers such an injury, the path to recovery is often long and challenging. Understanding the steps to take after a traumatic brain injury is crucial, especially if the injury was caused by someone else’s actions. Florida’s legal system provides avenues to help victims seek compensation and justice. However, navigating this system can be overwhelming for those unfamiliar with the process. In this piece, we will explore the key steps to take after a traumatic brain injury in Florida. At, Serrano Law , we are here to guide you through the legal process and help you navigate the complexities of your case

Recognizing the Signs of a Traumatic Brain Injury

The first step in managing a traumatic brain injury is recognizing the signs and symptoms. TBIs can occur in various situations, such as car accidents, falls, sports injuries, or incidents at work. The severity of the injury can range from mild to severe, and it is important to seek medical attention immediately after an accident. Some signs of a traumatic brain injury include headaches, dizziness, confusion, memory loss, and sensitivity to light or sound. In more serious cases, the injured person may lose consciousness, experience seizures, or have difficulty speaking or walking.

Once a traumatic brain injury is suspected, it is critical to visit a medical professional as soon as possible. Delaying medical treatment can worsen the injury and make recovery more difficult. Additionally, having a medical record of the injury is essential when pursuing a legal claim later on. A doctor’s diagnosis and treatment plan will provide the foundation for proving the extent of the injury and the associated costs.

Understanding Florida’s Legal System After a Traumatic Brain Injury

In Florida, personal injury law allows victims of traumatic brain injuries to seek compensation if the injury was caused by someone else’s negligence or intentional harm. The legal system in Florida follows a set of rules that govern how these cases are handled. The process can be complex, but understanding the basics can help you take the right steps in protecting your legal rights.

Michael Serrano

Founding Attorney

Candace “Cea” Hartley

Associate Attorney

Florida is known as a “no-fault” state when it comes to car accidents, meaning that each party involved must turn to their own insurance to cover their initial medical expenses, regardless of who caused the accident. However, if the injury is severe, such as a traumatic brain injury, you may be able to step outside the no-fault system and pursue a claim against the at-fault party.

The statute of limitations in Florida for filing a personal injury claim is typically four years from the date of the accident. This means that if you or a loved one suffers a traumatic brain injury, you must file your claim within this time frame to seek compensation. If the injury results in death, the statute of limitations for a wrongful death claim is two years. It is important to consult with an attorney to ensure that you do not miss these deadlines.

Building a Strong Legal Case After a Traumatic Brain Injury

After a traumatic brain injury, building a strong legal case is essential to seeking the compensation you deserve. Florida’s legal system requires clear evidence that the injury was caused by someone else’s negligence. Negligence occurs when a person or organization fails to act with reasonable care, and that failure results in harm to another person.

To establish negligence in a traumatic brain injury case, there are four key elements that must be proven. First, you must show that the other party had a duty to act with reasonable care. For example, drivers have a duty to follow traffic laws and drive safely. Second, you must demonstrate that the other party breached this duty by acting negligently, such as by speeding, running a red light, or driving while distracted. Third, you must prove that this breach directly caused the traumatic brain injury. Finally, you need to show that the injury resulted in damages, such as medical bills, lost wages, and pain and suffering.

Mike Serrano’s law office was everything I needed after a very traumatic accident. He was always super up front and honest with me. I never got the feeling he was trying to sell me on something or to do something that I wasn’t comfortable with. He listened to my concerns and when it tough moments came that I needed to stand my ground. He backed me and made me feel 100% secure. He got me exactly what I needed in a settlement and I would never consider using anyone else. His office staff is also phenomenal.”

- Mary

Mike Serrano was a great attorney for my case!! He was very flexible with phone calls/ Zoom meetings. His staff are always friendly, whether it be on the phone or emails. They keep you updated during your entire case! They don’t leave you silent for months. if you call, they always call back with updates! Highly recommend!"

- Kylie Collier Border

I’ve never had to deal with a lawyer before but Mike has set the bar HIGH. He was always available to communicate my concerns and explain each step of the way. I know no other lawyer would have been able to achieve the same results because he jumped on an opportunity that was a little out of the ordinary and it paid off. He really fought for my case and over delivered. I really hope I never have another accident but if I do I’m running to Mike for help."

- Sandy Carter

Gathering evidence is a critical part of building a strong case. This includes obtaining medical records, accident reports, witness statements, and any other documentation that supports your claim. Working with an attorney who understands Florida’s legal system can make this process smoother and more effective.

The Role of Medical Treatment in Your Legal Case

Medical treatment plays a central role in both your recovery and your legal case after a traumatic brain injury. In Florida, courts take into account the severity of the injury and the medical care required when determining compensation. The costs associated with treating a traumatic brain injury can be substantial, including hospital stays, surgeries, rehabilitation, medications, and ongoing therapy.

It is essential to follow your doctor’s treatment plan closely and keep records of all medical appointments and expenses. This documentation will help demonstrate the impact of the injury on your life and the financial burden it has caused. Additionally, Florida law allows you to seek compensation for future medical expenses if your injury requires long-term care.

If the traumatic brain injury leads to a permanent disability, the court may award compensation for future lost wages and the cost of adapting to life with a disability. This can include home modifications, mobility aids, and hiring in-home care. Working with an attorney ensures that all potential future costs are considered when seeking compensation.

Related Videos

Handling Insurance Companies After a Traumatic Brain Injury

Dealing with insurance companies is another important aspect of navigating the legal system after a traumatic brain injury. In Florida, insurance companies are often involved in personal injury cases, especially if the injury occurred in a car accident. While insurance companies may offer settlements, it is important to be cautious when accepting any offer. Insurance companies often seek to minimize their payouts, and the initial settlement offer may not fully cover the costs of a traumatic brain injury.

Before accepting any settlement, it is wise to consult with an attorney who can review the offer and ensure that it meets your needs. In many cases, an attorney can negotiate with the insurance company to secure a better settlement. If a fair agreement cannot be reached, your attorney can take the case to court and pursue the compensation you deserve.

Filing a Lawsuit After a Traumatic Brain Injury

If negotiations with the insurance company do not result in a fair settlement, the next step may be filing a lawsuit. In Florida, personal injury lawsuits begin with the filing of a complaint in civil court. This document outlines the details of the case, including how the injury occurred, who is responsible, and the damages being sought.

The legal process can be lengthy, and it may involve discovery, depositions, and court hearings. During the discovery phase, both parties exchange information and evidence related to the case. Depositions allow attorneys to question witnesses and gather additional details. If the case does not settle during this process, it may go to trial, where a judge or jury will decide the outcome.

While the idea of going to court can be intimidating, working with an attorney who is experienced in handling traumatic brain injury cases can provide peace of mind. They will guide you through each step of the legal process and advocate for your rights in court.

Case Results

Car Accident

This client was injured in an auto accident with a driver who improperly merged into her lane. Her vehicle was totaled. She sustained an aggravation of her pre-existing disc herniations in her neck and new disc herniations in her lower back. We obtained the full limits of both the at-fault driver’s bodily injury coverage and our client’s underinsured motorist coverage, which were significant. The settlement was achieved without a law suit and within four months after the client finished treating.

Rear End Collision

This particular client was injured in an accident in late 2015 when she was rear-ended. She sustained an aggravation of pre-existing disc herniations in her neck and a new disc herniation which ultimately required a surgical fusion. By the time of trial, her medical bills exceeded $180,000.00. The Defendants’ offer pre-suit was $20,000.00. We were able to obtain a jury verdict of $441,000.00, plus attorneys’ fees.

Car Accident

A client was injured in a rear-end collision where he sustained an aggravation of a pre-existing disc bulge that developed into a herniation in his lower back. We obtained a jury verdict which was over 6 times what had been offered prior to trial.

Car Accident

In this case, our client injured her shoulder after being struck by a vehicle while she was performing volunteer services. The driver was traveling at such a high rate of speed entering a parking lot that he clipped another vehicle, hit a parking barrier and was launched into a tree. After the client attempted to negotiate with the insurance company prior to hiring us, we were able to obtain an amount that was over double the prior offer.

Intentional Torts

Our client was injured from an assault by a patron of a party while working security. His shoulder required multiple surgeries. He hired our office to pursue a claim to recoup his medical bills, which exceeded $130,000.00. After his assailant offered him $10,000.00 to resolve his case, we took the case to a jury to decide. The jury awarded our client all of his medical bills and tripled his award for pain and suffering.

Car Accident

This client came to us about a car wreck that occurred in 2014 where she sustained injuries. She approached our firm just one week before the statute of limitations was set to expire after being turned away by several other law firms. We filed a lawsuit and were able to obtain the limits of the at-fault driver’s bodily injury coverage and an additional settlement from the client’s insurance carrier.

Truck Crash

This couple was injured in an automobile accident after they were rear-ended in a seven-car pileup caused by a semi-trailer. Of the 15 people who made claims on the same insurance policy, our clients each received the second and third highest offers, which covered all of their past and future medical bills and their attorney’s fees.

Truck Crash

In this case, our client was injured from a rear-end collision with an eighteen-wheeler. Her original lawyer procured a settlement offer of $7,000.00 to settle her case. Because the offer did not approach the amount of bills she incurred from accident related treatment, she came to our firm for a consultation. She decided to hire us. We promptly filed suit and obtained a settlement for her.

View More Results

Seeking Justice and Compensation for a Traumatic Brain Injury

Traumatic brain injuries can have long-lasting effects on both the injured person and their family. The physical, emotional, and financial toll can be overwhelming, but seeking justice and compensation through Florida’s legal system can help alleviate some of the burdens. Compensation may cover medical expenses, lost wages, pain and suffering, and other damages related to the injury.

It is important to act quickly and follow the necessary steps to protect your rights. Florida’s legal system provides a path for victims of traumatic brain injuries to hold negligent parties accountable and recover the compensation they need to move forward.

If you or a loved one has suffered a traumatic brain injury, Serrano Law is here to help. Our experienced legal team understands the complexities of these cases and is committed to providing compassionate support throughout the legal process. Contact us today to discuss your case and learn more about how we can assist you in seeking justice and fair compensation.