Get the maximum compensation you’re entitled to for a head injury
A car accident resulting in a head injury can happen instantly, but the consequences can last for months, possibly years. One moment, you’re driving down the road like any other day. The next, the sound of screeching brakes fills your ears, and the jolt of impact leaves you disoriented.
You check yourself for injuries and feel fine. You breathe a sigh of relief, thinking you’ve escaped unharmed. But days later, the headaches start. You feel dizzy, foggy, and exhausted in a way you can’t explain.
These injuries aren’t always obvious immediately, and their effects can last months or even years. Whether the symptoms appear immediately or creep up over time, a brain injury can disrupt memory, emotions, and basic cognitive functions.
Understanding how these injuries happen and what to do next can make all the difference in your recovery and ability to seek compensation. While insurance companies may try to downplay your brain injury symptoms, an experienced Tampa car accident lawyer can help you fight back.
What is a traumatic brain injury?
A TBI occurs when a sudden impact or jolt (like what happens in a car accident) damages brain tissue, which disrupts normal function. Even a mild TBI can lead to serious health issues if left untreated.
TBIs are classified into three main categories:
- Mild TBI (concussion): This is the most common type and causes temporary brain function disruption. Symptoms include headaches, dizziness, and confusion, but recovery is usually possible with rest.
- Moderate TBI: Symptoms are more intense and last longer. They often involve memory loss, cognitive difficulties, and longer recovery times.
- Severe TBI: These injuries can cause permanent brain damage that leads to loss of motor skills, speech difficulties, and even comas. Some victims require lifelong care.
How do TBIs happen in car accidents?
Car accidents create intense, rapid forces that put enormous stress on the body, especially the brain. TBIs can happen in several ways, even in crashes that seem minor. Common causes are:
- Direct head impact: Slamming your head against the steering wheel, dashboard, or window can cause a serious head injury or TBI. Even an airbag deploying can create enough force to injure the brain.
- Sudden acceleration and deceleration: The brain moves inside the skull, bouncing against its walls. This is known as a coup-contrecoup injury, where damage occurs on both sides of the brain.
- Whiplash-related brain trauma: Even without direct impact, the violent jerking motion of whiplash can cause the brain to shift, which leads to bruising, swelling, and micro-tears in brain tissue.
- Penetrating injuries: In serious crashes, debris like shattered glass or metal can pierce the skull and directly damage the brain.
Can TBIs happen in low-speed collisions?
TBIs aren’t limited to high-speed, severe crashes. The brain is highly sensitive to sudden movements, and even at lower speeds, the force of a collision can cause the head to jerk forward and backward violently. This rapid motion can lead to the brain striking the inside of the skull, resulting in a concussion, contusion, or even more serious brain trauma.
What are the symptoms of a TBI?
Many people involved in car accidents don’t realize they have a TBI right away. Symptoms can appear hours, days, or even weeks later. Some are subtle at first but worsen over time.
Symptoms of a mild TBI (concussion) often include:
- Headaches or pressure in the head
- Dizziness, confusion, or brain fog
- Nausea or vomiting
- Sensitivity to light and sound
- Memory problems or trouble concentrating
Symptoms of a moderate to severe TBI include:
- Loss of consciousness (even briefly)
- Persistent or worsening headaches
- Seizures or convulsions
- Slurred speech or difficulty forming words
- Mood swings, depression, or personality changes
- Difficulty walking or coordinating movements
TBIs can also affect mood, behavior, and personality. Some victims struggle with irritability, anxiety, or depression, while others experience outbursts of anger or emotional numbness. Since symptoms don’t always appear immediately, monitoring any changes in physical, cognitive, or emotional health after a car accident is important.
How are TBIs diagnosed and treated?
If you experience any symptoms of a TBI, see a doctor immediately. Ignoring a TBI can lead to permanent disability. Seeking treatment as soon as possible gives the best chance of recovery. Plus, it creates a link between your TBI and the car accident that caused it, which makes it harder for insurance companies to dispute your condition.
Doctors diagnose TBIs using the following methods:
- Neurological exams: These are tests for memory, reflexes, balance, and coordination.
- CT scans and MRIs: These are imaging tests to detect brain swelling, bleeding, or structural damage.
- Cognitive testing: Doctors use assessments to measure attention, memory, and problem-solving skills.
How are TBIs from car accidents treated?
Most mild TBIs sustained in motor vehicle crashes can be treated with rest and symptom management. Doctors typically recommend avoiding screens, bright lights, and mentally demanding activities in the days following the injury to allow the brain to heal. Gradually returning to normal activities under medical supervision is important to prevent worsening symptoms.
More serious brain injuries often require hospitalization and intensive medical care. Treatment may include medications to reduce brain swelling, oxygen therapy, and, in some cases, surgery to relieve pressure on the brain or repair damage.
Patients with severe TBIs may experience prolonged unconsciousness or cognitive impairment, which requires close monitoring and long-term care.
Depending on the severity of the brain injury, you may need ongoing rehabilitation to regain lost skills and improve quality of life. Speech therapy, occupational therapy, and physical therapy can help you recover your ability to communicate, perform daily tasks, and regain movement and coordination. Cognitive therapy may also be necessary if you’re struggling with memory, concentration, or problem-solving skills.
Can you recover compensation for a TBI after a car accident in Florida?
If you suffered a TBI in a Florida car accident, you may be entitled to compensation for medical expenses, lost income, and long-term care costs. The financial burden can be overwhelming, but Florida law allows you to seek compensation if another driver was at fault.
Under Florida’s no-fault insurance system, your Personal Injury Protection (PIP) insurance covers up to $10,000 in medical expenses, regardless of who caused the car accident. However, TBI treatments often exceed this amount, leaving victims responsible for mounting medical bills, lost wages, and long-term rehabilitation costs.
When can you sue the other driver for your losses?
If your damages exceed what PIP covers or your injury qualifies as a serious injury under Florida law, you may have the right to file a personal injury lawsuit against the at-fault driver’s insurance company to seek full compensation.
To do this, you must prove that the other driver’s negligence caused the accident and that your injuries meet the serious injury threshold. Common grounds for filing a lawsuit include:
- Severe impairment that affects your ability to work or perform daily activities
- Significant medical expenses that surpass PIP limits
- Permanent brain damage or cognitive dysfunction
- Loss of quality of life due to the injury
To sue the at-fault driver’s insurance company, you must file a third-party insurance claim with their liability coverage. This process involves gathering medical records, crash reports, expert testimony, and evidence of negligence to support your claim.
How much is a TBI settlement worth?
The value of a TBI settlement depends on the severity of the injury, medical expenses, lost wages, long-term care needs, and the overall impact on your quality of life. Mild TBIs, such as concussions, may result in settlements ranging from $20,000 to $100,000. In contrast, moderate to severe TBIs (especially those causing permanent disability or cognitive impairment) can lead to settlements or verdicts in the hundreds of thousands to millions of dollars.
It's important not to accept the first settlement that comes along. Insurance companies may take advantage of your situation and offer the lowest possible settlement they can get away with. Before accepting a settlement, let a Tampa attorney determine the true value of your claim and negotiate for an amount that covers the full extent of your damages.
How can a lawyer help after a TBI from a car accident?
Insurance companies often downplay TBIs and claim they aren’t severe or were caused by pre-existing conditions. However, a skilled Tampa car accident TBI lawyer can fight back. They can thoroughly investigate the crash, gather the facts, and push back against the insurance company. That means even taking your case to trial, if necessary.
Since Florida has a two-year statute of limitations for personal injury claims, it’s important to act fast. A Tampa lawyer can handle the legal process while you focus on recovery. Best of all, it doesn’t cost anything upfront. Florida car accident attorneys work on a contingency fee basis and only get paid if they win your case.
Plus, consultations are free and confidential. This allows you to ask questions and get advice on what to do next. Contact a Tampa attorney and set up your free consultation today to get started.
