Traumatic Brain Injuries and Personal Injury Claims: Florida FAQs

Traumatic brain injuries (TBIs) are life-changing events that can lead to long-term medical needs, emotional struggles, and financial challenges. In Florida, these injuries often occur because of accidents that someone else’s carelessness causes, such as car crashes, falls, or incidents involving heavy equipment. People injured in this way may face a lengthy recovery process. They may also feel frustrated and uncertain about what steps to take next. Understanding what a traumatic brain injury is, how it impacts a person, and the details of personal injury claims in Florida can help individuals and families make more informed decisions as they work through the process. Here, we will go through common questions about traumatic brain injuries and how personal injury claims work in Florida to provide clarity during a time that can seem overwhelming. At, Serrano Law, we are here to guide you through the legal process and help you navigate the complexities of your case

Michael Serrano

Founding Attorney

Candace “Cea” Hartley

Associate Attorney

What Is a Traumatic Brain Injury?

A traumatic brain injury happens when the brain suffers damage from an external force, usually due to a violent blow or jolt to the head. The injury can range in severity from mild to severe. Mild traumatic brain injuries, sometimes called concussions, may cause temporary symptoms like headaches, dizziness, and confusion, which typically improve within a few weeks. On the other hand, severe traumatic brain injuries can cause much more serious effects, including extended unconsciousness, memory loss, physical disabilities, and cognitive problems that may not go away. The effects of a traumatic brain injury can vary greatly from person to person, and the level of recovery often depends on factors such as the injury’s severity and the timeliness of medical treatment.

How Do Traumatic Brain Injuries Affect Victims?

People who suffer from traumatic brain injuries often experience difficulties in many areas of life. They may struggle with physical tasks like walking, lifting, and other activities that once seemed simple. They may also have problems with memory, attention, and emotional regulation. Some individuals face challenges in keeping jobs or maintaining relationships because of mood swings, irritability, or depression following their injury. Furthermore, medical expenses for TBI treatment are often high, and many people require ongoing therapy and specialized care for years after the initial incident. This level of care may include physical therapy, occupational therapy, speech therapy, and even psychological support, depending on the person’s specific symptoms. For many victims and their families, this not only takes a toll emotionally but financially 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

When Can a Traumatic Brain Injury Lead to a Personal Injury Claim?

In Florida, if a traumatic brain injury is caused by another person’s negligence, the injured person may have the right to file a personal injury claim. Negligence refers to a person or party failing to act responsibly or reasonably, which then leads to harm. For instance, a driver who speeds through a red light and crashes into another vehicle could be considered negligent if this action leads to a traumatic brain injury in one of the accident’s victims. Other scenarios that may lead to a personal injury claim include slip and fall incidents, workplace accidents, and injuries caused by unsafe premises. It is important to understand that in a personal injury claim, the injured person must demonstrate that the responsible party’s actions directly caused their injuries.

What Types of Compensation Are Available in Traumatic Brain Injury Cases?

Compensation in traumatic brain injury cases can vary depending on factors such as the severity of the injury, the impact on the individual’s daily life, and the expenses associated with treatment and recovery. Common types of compensation include medical expenses, which cover both immediate and future medical needs, as well as costs related to rehabilitation and therapy. Other areas that may be compensated include lost income if the injured person is unable to work, as well as pain and suffering due to the injury’s impact on their quality of life. In cases of severe traumatic brain injuries that prevent a person from returning to work or living independently, compensation may also cover the cost of long-term care or home modifications. This compensation aims to help the injured person maintain a similar quality of life and provide for their needs.

Related Videos

How Does the Legal Process Work for Filing a Personal Injury Claim in Florida?

Filing a personal injury claim in Florida usually begins with gathering evidence that shows the injury’s impact and the responsible party’s negligence. This evidence may include medical records, eyewitness accounts, photographs of the accident scene, and testimonies. Once the evidence is in place, the injured person, often with the help of a lawyer, files a formal claim against the party responsible for the injury. After the claim is filed, there is often a period of negotiation where both sides may try to reach a settlement agreement. If a fair settlement cannot be reached, the case may proceed to court, where a judge or jury will decide the case’s outcome. The entire process can take time, and patience is essential, especially when dealing with the complexities of a traumatic brain injury case.

What Is the Statute of Limitations for Traumatic Brain Injury Claims in Florida?

In Florida, the statute of limitations for personal injury claims is generally four years from the date of the injury. This means that the injured person has four years to file a claim after the incident that caused their traumatic brain injury. If the claim is not filed within this time frame, the injured person may lose their right to seek compensation for their injuries. It is important for anyone considering a personal injury claim to understand this timeline and to act within the appropriate period. Consulting with a legal professional soon after the injury can help ensure that the claim is filed on time and that no important steps are missed in the process.

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

Can Family Members of a Traumatic Brain Injury Victim File a Claim?

In some cases, family members of a traumatic brain injury victim may file a claim on their loved one’s behalf, especially if the victim is unable to handle legal matters due to the severity of their injury. This type of claim, often known as a loss of consortium claim, allows family members to seek compensation for the impact the injury has had on their relationship with the victim. For instance, if a spouse suffers from a traumatic brain injury that drastically changes their personality, affects their ability to communicate, or limits their physical abilities, the spouse may be able to seek compensation for the effect this has had on their marriage. In cases where a victim has lost their life due to a traumatic brain injury, family members may file a wrongful death claim to seek compensation for their loss.

Do All Traumatic Brain Injury Claims Go to Trial?

Not all traumatic brain injury claims go to trial. In fact, many cases are resolved through settlements outside of court. Settlements are often reached when both the injured person and the responsible party agree on the amount of compensation, eliminating the need for a trial. Trials can be time-consuming and costly, so both sides may prefer to settle if an agreement can be made. However, if the two sides cannot reach a fair settlement, the case may proceed to trial. During a trial, a judge or jury will hear the evidence and make a final decision regarding compensation. Although the trial process can be lengthy, it may be necessary in cases where a fair settlement cannot be agreed upon.

How Can an Attorney Help With a Traumatic Brain Injury Claim?

Attorneys can be incredibly helpful for people dealing with traumatic brain injuries because they provide guidance through each step of the legal process. An attorney can help gather the necessary evidence to prove negligence, negotiate with the responsible party’s insurance company, and handle all the legal documentation. They can also represent the injured person in court if the case goes to trial. In addition, attorneys understand the various types of compensation available for traumatic brain injuries and can work to secure the most appropriate compensation for their clients. The support of a knowledgeable attorney often provides peace of mind to the injured person and their family during a challenging time.

If you or a loved one has suffered a traumatic brain injury due to someone else’s actions, understanding your legal options is a critical first step. The journey through medical recovery and legal procedures can be challenging, but you do not have to face it alone. Serrano Law understands the difficulties that traumatic brain injury victims and their families endure. With a commitment to securing fair compensation for their clients, Serrano Law is here to assist you in moving forward. Reach out today to learn how we can support you in your pursuit of justice and a brighter future.