Dealing with Insurance Companies in Florida TBI Claims: Dos and Don’ts

Traumatic brain injuries (TBIs) are among the most serious and life-altering injuries a person can experience. A TBI can result from car accidents, falls, or other traumatic events, and they often lead to long-term medical issues, requiring ongoing care and treatment. When dealing with the aftermath of such an injury, the legal and insurance aspects become just as crucial as the medical recovery. Florida law allows TBI victims to seek compensation for their injuries, but navigating the insurance process can be complicated. Insurance companies may not always act in your best interest, and knowing the right steps to take can make a huge difference in getting the compensation you deserve. This guide will outline some important dos and don’ts when dealing with insurance companies in Florida TBI claims. At, Serrano Law , we are here to guide you through the legal process and help you navigate the complexities of your case.

Understanding Traumatic Brain Injuries and Their Impact

Before discussing the dos and don’ts, it is important to understand what a traumatic brain injury is and how it can affect your life. A TBI occurs when an external force causes damage to the brain. This damage can range from mild, like a concussion, to severe, resulting in long-term cognitive, emotional, and physical impairments. Some TBIs heal with time and proper medical care, while others may lead to lifelong challenges, requiring rehabilitation and even assistance with daily activities.

TBIs can affect many aspects of a person’s life, including their ability to work, their relationships, and their quality of life. This is why receiving fair compensation from an insurance company is crucial. The costs of treating a TBI, combined with the loss of income and the need for long-term care, can quickly become overwhelming.

Dos When Dealing with Insurance Companies in Florida TBI Claims

When you or a loved one has suffered a TBI, it is important to handle interactions with the insurance company carefully. Doing the right things at the beginning of the claims process can help protect your rights and ensure that you receive the compensation you deserve.

The first thing you should always do is seek medical attention immediately after the accident. A medical record documenting your injury is one of the most critical pieces of evidence when dealing with an insurance claim. Even if you feel fine, TBIs can sometimes have delayed symptoms, and a doctor’s evaluation will help ensure that any hidden injuries are identified early.

Michael Serrano

Founding Attorney

Candace “Cea” Hartley

Associate Attorney

Another important step is to keep all records related to your injury. This includes medical bills, doctors’ reports, receipts for medication, and documentation of any time missed from work. These records will be vital in proving the extent of your injury and the impact it has had on your life.

When talking to the insurance company, it is crucial to be cautious. Only provide them with the information they request, and do not offer more than necessary. Insurance adjusters may seem helpful, but their goal is often to save the company money by minimizing the payout. If you are unsure about what to say, it is always best to consult an attorney before speaking with the insurance adjuster.

In addition, always follow through with your medical treatment plan. If you stop going to doctor appointments or fail to follow medical advice, the insurance company may argue that your injury is not as serious as you claim. Staying consistent with treatment shows that you are taking your recovery seriously.

Don’ts When Dealing with Insurance Companies in Florida TBI Claims

While there are certain actions you should take when dealing with an insurance company, there are also things you should avoid at all costs. One of the biggest mistakes people make is accepting the first settlement offer from the insurance company. The initial offer is often much lower than what your claim is worth, especially in the case of a TBI. Insurance companies know that victims may be in need of quick funds and might be tempted to accept a low offer. However, settling too quickly can leave you without enough compensation to cover future medical expenses and other losses related to your injury.

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

Another common mistake is giving a recorded statement to the insurance company without first consulting an attorney. The insurance company may ask you to give a recorded statement, claiming it is a routine part of the process. However, anything you say in this statement can be used against you later on, even if it was said innocently. An attorney can guide you through this process to ensure that you do not accidentally harm your claim.

It is also important to avoid signing any documents the insurance company sends you without reviewing them carefully. These documents may include waivers or releases that could prevent you from seeking further compensation in the future. Signing something without fully understanding its implications can jeopardize your ability to recover the full amount you are entitled to.

Additionally, do not downplay your injuries or symptoms. Some people may feel uncomfortable talking about their pain or limitations, but it is essential to be honest about the impact of your injury. If the insurance company believes that your injury is minor or that you are exaggerating, they may try to reduce your compensation. Being honest and thorough in your communication with doctors and insurance adjusters is key.

Finally, do not wait too long to file your claim. In Florida, there is a time limit for filing personal injury claims, including TBI cases. The statute of limitations for personal injury claims in Florida is generally four years from the date of the injury. If you miss this deadline, you may lose your right to seek compensation altogether. It is important to start the claims process as soon as possible to avoid any unnecessary delays.

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Why You Need Legal Help for Your TBI Claim

Traumatic brain injuries are complex, both medically and legally. The long-term impact of a TBI can be hard to predict, and insurance companies may not fully understand the severity of your injury. Having legal representation is critical when dealing with a TBI claim. A lawyer who is experienced in personal injury law will know how to handle the insurance company and fight for the compensation you deserve.

One of the most challenging aspects of a TBI claim is calculating the full extent of your damages. This includes not only your medical bills but also lost wages, future medical expenses, rehabilitation costs, and the impact on your quality of life. An attorney can help you gather the necessary evidence and work with medical professionals to ensure that your claim reflects the true cost of your injury.

In addition, insurance companies often have teams of lawyers working to protect their interests. Without legal representation, you may be at a disadvantage when negotiating with them. A lawyer can level the playing field and advocate for your rights, ensuring that the insurance company does not take advantage of you.

Common Challenges in TBI Insurance Claims

One of the most common challenges in TBI claims is proving the full extent of the injury. Unlike visible injuries, such as broken bones, a TBI may not be immediately obvious. Symptoms like memory loss, headaches, dizziness, and changes in mood or behavior can be difficult to quantify, making it harder to prove the severity of the injury to the insurance company.

Additionally, insurance companies may try to argue that the TBI was pre-existing or not as severe as claimed. They might hire their own doctors to evaluate your injury or use medical records from before the accident to downplay the injury. This is why having strong medical documentation and legal representation is so important.

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.

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Another challenge is dealing with the long-term nature of a TBI. Some brain injuries require years of treatment and rehabilitation, and the insurance company may not want to pay for ongoing care. They may try to settle the claim quickly to avoid future payouts. However, settling too soon can leave you without the resources needed for future medical expenses.

Dealing with a traumatic brain injury is a difficult and overwhelming experience. The insurance claims process can be complex and frustrating, especially when the insurance company is focused on minimizing your payout. Knowing the dos and don’ts when handling TBI claims can help protect your rights and ensure that you receive the compensation you deserve.

At Serrano Law, we understand the challenges faced by TBI victims and their families. Our experienced legal team is here to help you navigate the claims process, fight for your rights, and secure the compensation you need to move forward with your life. If you or a loved one has suffered a traumatic brain injury in Florida, do not hesitate to reach out to Serrano Law for guidance. Contact us today to discuss your case and learn how we can help.