In This Article
By Lorne Adam Kaiser, Esq. (Fla. Bar No. 0568491) · Reviewed by Steven Romanello, Esq. (Fla. Bar No. 557277) · Kaiser Romanello, P.A.
Quick answer: A traumatic brain injury can change memory, personality, and earning capacity for the rest of your life, and the costs run far beyond what any minimum insurance policy covers. In Florida you generally have two years to file, and because insurers routinely downplay head injuries, documenting the injury early is critical. Kaiser Romanello, with over 50 years of combined experience, represents brain injury victims across Florida on a no-fee-unless-we-win basis.
What Counts as a Traumatic Brain Injury
A traumatic brain injury (TBI) happens when a blow, jolt, or penetrating injury disrupts normal brain function. It ranges from a concussion (a "mild" TBI that is anything but minor) to severe injuries involving bleeding, swelling, and permanent damage. Motor-vehicle crashes and falls are among the leading causes; the CDC has reported that TBIs contribute to tens of thousands of deaths in the United States each year and leave far more people with lasting disability.
What makes these cases different is that the damage is often invisible on the surface. Symptoms like memory loss, mood changes, headaches, and difficulty concentrating can surface days after the crash — which is exactly why insurers seize on any delay to dispute them.
Types of Brain Injuries We Handle
- Concussion (mild TBI) — headaches, memory problems, and mood changes that can persist for months.
- Contusion — bruising of the brain tissue at the point of impact.
- Diffuse axonal injury — tearing of nerve fibers from violent movement of the head, often causing severe, lasting impairment.
- Hematoma and hemorrhage — bleeding or clots that press on the brain and frequently require emergency surgery.
- Skull fracture — common in high-speed crashes and often accompanied by underlying brain damage.
- Anoxic and hypoxic injuries — damage from a loss of oxygen to the brain.
We work with treating physicians and qualified medical professionals to document the specific injury, its prognosis, and the future care it will require.
The Real Costs of a Traumatic Brain Injury
A serious TBI reaches every part of a person's life — and every category of loss belongs in the claim:
- Medical costs — emergency care, imaging, surgery, rehabilitation, and long-term or lifetime care.
- Lost income and earning capacity — when the injury limits or ends the ability to work.
- Pain, suffering, and loss of enjoyment of life.
- Caregiver and family impact — loved ones often become full-time caregivers, and in the worst cases a family faces a wrongful-death claim.
Many brain injuries arise from car accidents and other motor-vehicle crashes, where identifying every layer of available insurance is central to covering costs a minimum policy never could.
Why Insurers Deny and Undervalue TBI Claims
Because brain injuries are hard to see, insurance companies work to minimize them. The tactics we counter most often are:
- Downplaying severity — treating a concussion as trivial.
- Disputing causation — arguing the injury wasn't caused by the crash.
- Exploiting delayed symptoms — using the gap between the crash and the diagnosis to challenge the claim.
We answer with medical records, imaging, and testimony from medical experts that tie the injury to the crash and document its full, long-term effect.
How Kaiser Romanello Builds a TBI Case
- Free case review. We listen, explain your options, and answer your questions with no obligation.
- Thorough investigation. We gather the evidence and work with medical professionals to project future care and lost earning capacity.
- No-fee policy. You pay nothing unless we recover for you.
- Prepared to try the case. We negotiate firmly and are ready to take a brain injury case to court when an insurer won't deal fairly.
Florida's Two-Year Deadline
Under Florida's 2023 tort-reform law (HB 837), most negligence-based injury and wrongful-death claims must be filed within two years of the date of the injury (§95.11) — reduced from the old four-year window. Brain-injury cases take time to document properly, so waiting is costly.
⚠ Two Years to File
In most Florida cases you have two years from the date of the injury to file suit. Because a TBI often needs months of medical documentation to value correctly, it's best to speak with an attorney within days — while the evidence is still fresh.
Related Brain & Catastrophic Injury Pages
- Fort Lauderdale Brain Injury Lawyer — local help for TBI victims in Broward County.
- Spinal Cord Injury Lawyer — for spinal damage that often accompanies severe head trauma.
- Paralysis Injury Lawyer — for partial or complete paralysis after a catastrophic crash.
- Florida Catastrophic Injury Lawyer — our full catastrophic-injury practice.
Frequently Asked Questions
How do I know if I have a traumatic brain injury after a crash?
Symptoms can be delayed, so a normal-seeming few hours doesn't rule one out. Warning signs include headaches, confusion, memory trouble, dizziness, nausea, mood changes, and sensitivity to light or noise. Seek medical evaluation promptly — it protects your health and documents the injury.
Can I recover compensation for a concussion?
Yes. A concussion is a mild traumatic brain injury that can cause real, lasting symptoms. When another party's negligence caused it, you can pursue medical costs, lost wages, and pain and suffering — insurers often try to dismiss concussions, which is why documentation matters.
How long do I have to file a brain injury claim in Florida?
Generally two years from the date of the injury for both injury and wrongful-death claims under HB 837 (§95.11). Acting early also preserves the medical and crash evidence needed to prove the injury.
What does it cost to hire Kaiser Romanello for a TBI case?
Nothing up front. We handle brain injury cases on a contingency basis — consultations are free, and you pay no fee unless we recover for you.
Did you or a loved one suffer a brain injury in a Florida crash? Find out where you stand — free, confidential, and no fee unless we win.
(844) 877-8679 Request a Free Case ReviewThis content is for general informational purposes only and is not legal advice; it does not create an attorney-client relationship. Every case is different and depends on its specific facts. Past results do not guarantee, warrant, or predict future outcomes. For guidance on your situation, contact Kaiser Romanello, P.A., 11555 Heron Bay Boulevard, Suite 200, Parkland, FL 33076. Related: Florida Catastrophic Injury Lawyer · Florida Personal Injury Lawyers.
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