Understanding Mild Traumatic Brain Injuries in Florida Personal Injury Cases
Mild traumatic brain injuries (mTBIs), often referred to as concussions, are some of the most misunderstood injuries in Florida personal injury law. Despite the word "mild," these injuries can have serious, long-term effects on a person’s physical, cognitive, and emotional well-being. For accident victims in Florida, understanding their rights and the legal process related to mTBIs is essential for recovering full and fair compensation.
What is a Mild Traumatic Brain Injury?
A mild traumatic brain injury typically occurs when a person experiences a blow or jolt to the head or body that causes the brain to move rapidly within the skull. This movement can disrupt normal brain function, even if there is no visible injury or loss of consciousness.
Common symptoms include:
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Headaches
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Dizziness or balance issues
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Confusion or memory problems
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Sensitivity to light or noise
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Mood changes such as irritability or depression
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Difficulty concentrating or sleeping
Symptoms may not appear immediately and can last for weeks or even months, making diagnosis and documentation critical in a legal context.
Common Causes of mTBIs in Florida
mTBIs can result from many types of personal injury incidents, including:
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Car accidents
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Slip and falls
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Workplace accidents
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Bicycle or pedestrian accidents
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Sports injuries
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Assault or battery
Florida's high rate of motor vehicle collisions and tourist activity makes it especially important for residents and visitors to be aware of the potential for head trauma in everyday situations.
Challenges in mTBI Personal Injury Cases
One of the most difficult aspects of mTBI cases in Florida is proving the severity of the injury. Unlike more visible injuries, mild brain trauma often doesn’t show up on traditional imaging tests like CT scans or MRIs. Insurance companies may downplay or dispute the injury, claiming that the victim is exaggerating or that the symptoms are unrelated to the accident.
This makes medical documentation and expert testimony critical. A personal injury attorney experienced in brain injury claims will know how to gather the right evidence, including neuropsychological evaluations, to support your case.
Legal Rights and Compensation for mTBI Victims
Under Florida law, if another party’s negligence caused your injury, you may be entitled to compensation for:
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Medical bills (past and future)
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Lost wages and diminished earning capacity
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Pain and suffering
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Emotional distress
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Loss of enjoyment of life
Florida follows a comparative negligence rule, meaning your compensation may be reduced if you were partially at fault—but you can still recover damages as long as you are not more than 50% responsible.
How a Florida Personal Injury Lawyer Can Help
If you or a loved one suffered a mild traumatic brain injury in Florida, it is critical to consult with a knowledgeable personal injury attorney. An experienced lawyer can:
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Ensure you receive proper medical evaluation
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Collect and preserve vital evidence
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Negotiate aggressively with insurance companies
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Represent you in court, if necessary
Timely legal action is crucial, as Florida has a two-year statute of limitations for personal injury cases under the current law.
Conclusion
Mild traumatic brain injuries may not always be visible, but their impact is real. If you’ve suffered a concussion or mTBI due to someone else’s negligence in Florida, you have legal options. Don’t let the insurance company minimize your injury—consult a skilled personal injury attorney to protect your rights and secure the compensation you deserve.
Have you or someone you know been injured as a result of an accident? Contact Florida Personal Injury Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Miami Attorney Gonzalez-Sirgo directly at [email protected] or by text at (305) 929-8935.
