Legal Rights of Florida Tourists Who Suffer TBIs While Visiting

Every year, millions of people visit Florida to enjoy the beaches, parks, and warm weather. But sometimes, accidents happen. A very serious kind of injury is a traumatic brain injury, also called a TBI. This kind of injury can change a person’s life in a big way. If you or someone you love came to Florida and got a TBI while visiting, it is very important to know your rights. There are laws in place that help protect visitors just like you.

What Is a TBI and Why Is It So Serious

A traumatic brain injury happens when your head gets hit hard or shaken so badly that your brain gets hurt. This can happen in a car crash, a fall at a hotel or theme park, or even from a falling object. Some TBIs are mild, like a concussion, but others can be very bad and cause long-term problems. You may have trouble thinking clearly, talking, remembering things, or even walking. These problems can last a long time and may even be permanent.

Florida Law Protects Tourists, Too

You do not have to live in Florida to be protected by its laws. If you got hurt while visiting, Florida law still gives you the right to ask for help and money for your injuries. You may be able to get money to pay for your doctor bills, lost pay from work, travel costs, and even for pain and suffering. If someone else caused your injury because they were not careful, they can be held responsible.

Who Might Be Responsible for Your Injury

There are many places and people who could be at fault for your TBI. If you slipped and fell at a hotel or store, the owner might be responsible. If you were in a car crash, the other driver might be the one at fault. If you got hurt on a ride or at a park, the company running the place might be to blame. Florida law says that these people and businesses must keep their places safe. If they don’t, and you get hurt, you can take legal action.

Michael Serrano

Founding Attorney

Candace “Cea” Hartley

Associate Attorney

Proving That Someone Else Caused Your Injury

To get help under Florida law, you have to show that someone else made a mistake and that mistake caused your TBI. This is called negligence. For example, if a hotel knew the floor was wet but didn’t clean it up or warn anyone, that’s negligence. If a driver was texting and hit your car, that’s negligence too. You must show proof like photos, witness statements, or security videos. The sooner you gather this, the better.

What You Should Do After the Injury

If you suffer a TBI while visiting Florida, the first thing to do is get medical help right away. Even if you feel okay, brain injuries can take time to show. Tell the doctor everything that happened and follow all medical instructions. Next, try to write down or record what happened. Take pictures of where you got hurt. If there were any people who saw what happened, get their names and numbers.

It’s also smart to keep all your receipts and papers. This includes hospital bills, medicine costs, and even airline tickets if you had to leave early. If you miss work because of the injury, make sure to note that as well.

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

You May Still Be Able to File a Case from Out of State

A lot of people worry that they cannot take action if they already went home. But Florida law allows you to file a case even if you do not live in the state. You can work with a legal team in Florida who can handle things for you. You might not even have to come back to Florida for every step. Many steps can be done by phone, video calls, or email.

Florida Has a Time Limit for Filing a Claim

There is something called a statute of limitations. This is a rule that says how much time you have to start your case. In Florida, you usually have two years from the day you got hurt to file a claim for a TBI. If you wait too long, you might not be able to get help. That’s why it is important to act quickly.

Getting Money for Your Injury

If you are able to show that someone else caused your injury, you may be able to get what’s called damages. This includes money for medical care, even future care if needed. You might also get money for the time you missed work or for changes in your life, like not being able to do the things you used to enjoy. In some cases, if the person who hurt you was very careless, you may get extra money called punitive damages. This is meant to punish them and stop others from doing the same thing.

Insurance Companies and Their Role

Most of the time, the person or company who caused your injury has insurance. That insurance is supposed to pay you. But insurance companies often try to pay as little as possible. They may say your injury is not that bad or blame you for what happened. That’s why it is important to have someone on your side who knows how to deal with them. They can help you get what you truly deserve.

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Why Legal Help Is So Important

TBI cases can be hard. They often need medical proof and may involve big companies or hotels with strong lawyers. If you try to handle the case alone, you might miss something or accept less money than you need. A legal team in Florida understands the law and can guide you. They know how to gather the right proof and how to talk to the insurance company so you don’t have to.

Out-of-State Laws May Be Different

Your home state might have different laws, but if your injury happened in Florida, then Florida laws apply. This includes how long you have to file, what counts as negligence, and what you can ask for in damages. Trying to figure this out on your own can be confusing, especially while you’re still healing from a serious injury like a TBI.

What If a Child or Family Member Was Hurt

If a child gets a TBI while visiting Florida, the parents or guardians can file a claim for them. The money may be used to help with their care, therapy, or school changes. If a close family member was hurt badly and cannot speak for themselves, a trusted person can step in to act for them. Florida courts have steps in place to make sure the injured person’s rights are protected.

TBI Symptoms May Show Up Later

Sometimes, a person may not even know they have a brain injury right away. They might feel tired, dizzy, or forgetful but think it will go away. Later, they may start having more serious problems. That is why it’s very important to see a doctor and keep a record of how you feel each day. This can help show that the injury was real and happened because of the accident.

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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The Sooner You Act, the Better

The longer you wait, the harder it can be to prove your case. Security videos may get erased. Witnesses might forget what they saw. The insurance company may say the injury came from something else. Acting fast helps make sure your rights are protected.

Your Path to Moving Forward

Getting a TBI while on vacation in Florida can be scary and life-changing. But you do not have to go through this alone. If someone else caused your injury, you have the right to stand up for yourself. You can ask for help, healing, and fair payment for what you’ve lost. The road ahead may feel long, but you can take it one step at a time.

If you or a loved one suffered a traumatic brain injury while visiting Florida, Serrano Law is here to help. Our team understands how hard this time is for you and is ready to support you every step of the way. Reach out today to learn how we can protect your rights and help you move forward.

To learn more about this subject click here: Understanding TBI Terminology: Common Medical Jargon in Florida Cases