A traumatic brain injury can change how a person thinks, remembers, works, and relates to family, sometimes without any visible sign of injury. Gross Law Group represents people with brain injuries, and their families, after truck crashes, car and motorcycle crashes, and other incidents caused by someone else's negligence across the Florida Panhandle and the Space Coast.
We handle injury cases on a contingency fee: No Recovery, No Fee, but the client is responsible for costs such as filing fees, medical records, and expert fees. The first consultation is free. Call (888) 858-1505 or contact us online.
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Key Takeaways About Brain Injury Claims
- Brain injury symptoms are not always obvious right after a crash, so medical documentation from the start matters.
- Proving a brain injury claim usually depends on medical testing, treating doctors, and the observations of family and co-workers.
- Florida runs a Brain and Spinal Cord Injury Program, and moderate-to-severe brain injuries must be reported to its central registry.
- Florida generally allows two years to file negligence and wrongful death claims.
- Gross Law Group handles injury cases on a No Recovery, No Fee basis; the client is responsible for costs.
How Traumatic Brain Injuries Happen
A brain injury can result from a direct blow to the head or from the violent acceleration and deceleration of a crash, even when the head does not strike anything. We handle brain injury claims arising from truck crashes, car accidents, motorcycle crashes, rideshare crashes, pedestrian and bicycle collisions, and falls caused by unsafe conditions on commercial property.
Brain injuries range from concussions to severe injuries that require surgery and long-term care. Some people recover over weeks or months; others live with lasting changes in memory, concentration, mood, sleep, balance, or the ability to work.
Documenting a Brain Injury Claim
Insurers may question brain injuries that do not show up on a standard scan. Building the record typically involves:
- Records from emergency care, neurology, and rehabilitation providers
- Neuropsychological testing that measures memory, attention, and processing
- Imaging studies ordered by treating physicians
- Statements from family, friends, and co-workers about changes in behavior and abilities
- Employment and school records showing changes in performance
- Life care planning and vocational and economic analysis for lasting injuries
Florida's Brain and Spinal Cord Injury Program
The Florida Department of Health's Brain and Spinal Cord Injury Program provides rehabilitation, case management, and resource support to eligible Floridians with moderate-to-severe brain or spinal cord injuries. Florida law requires public and private health and social agencies and attending physicians to report a person with a moderate-to-severe brain or spinal cord injury to the program's central registry within five days of identification or diagnosis (Fla. Stat. 381.74).
Insurance, Health Coverage, and Reimbursement
In auto cases, PIP is usually the first source of payment for medical care, and the at-fault party's liability coverage, commercial policies, and your own uninsured motorist coverage may also apply. Health insurers, Medicare, and Medicaid may have reimbursement rights from a recovery; Florida's Medicaid program, for example, has a statutory right to recover from third-party payments (Fla. Stat. 409.910). Accounting for these claims is part of evaluating any settlement offer.
Florida Law That Affects Brain Injury Claims
To claim pain and suffering against an at-fault driver, the injury must involve significant and permanent loss of an important bodily function, a permanent injury, significant permanent scarring or disfigurement, or death (Fla. Stat. 627.737(2)).
Under the 2023 changes to Florida law (HB 837), most negligence claims arising after March 24, 2023 must be filed within two years (Fla. Stat. 95.11(5)(a)), and wrongful death claims also carry a two-year deadline (Fla. Stat. 95.11(5)(e)). Florida now uses modified comparative fault: in most negligence cases (medical negligence claims are an exception), a person found more than 50 percent at fault for their own injury cannot recover damages, and a lower share of fault reduces the recovery (Fla. Stat. 768.81(6)).
HB 837 also changed how medical bills are proven. Evidence of medical bills that have already been paid is now limited to the amount actually paid; evidence of unpaid bills generally includes what the injured person's health coverage would pay (or, for people without private coverage, an amount tied to Medicare or Medicaid rates); and treatment under a letter of protection must be disclosed (Fla. Stat. 768.0427). That makes careful documentation of current and future care more important than ever.
How Gross Law Group Handles a Brain Injury Case
- We work with your treating physicians to document the diagnosis, prognosis, and future care.
- We work with life care planners and vocational and economic professionals when the injury affects long-term needs and earning capacity.
- We gather testimony from family and co-workers about how life has changed.
- We work to identify all responsible parties and insurance policies, including commercial and umbrella coverage.
- We prepare each case so it can go to court if a fair resolution is not offered.
See also our pages on spinal cord injuries and catastrophic injuries.
Offices Serving the Florida Panhandle and the Space Coast
Gross Law Group handles brain injury cases from our offices in Pensacola, Panama City Beach, and Melbourne. If you contact us and can't travel, we can arrange to meet by video or at a location convenient to you.
Gross Law Group, P.A. – Pensacola Office
21 East Garden Street, Suite 208
Pensacola, FL 32502
Phone: (888) 858-1505
Gross Law Group, P.A. – Panama City Beach Office
4408 Delwood Ln, Suite 14
Panama City Beach, FL 32408
Phone: (888) 858-1505
Gross Law Group, P.A. – Melbourne Office
2084 Meadowlane Ave
Melbourne, FL 32904
Phone: (321) 321-1441
Talk With a Brain Injury Lawyer
If you or a family member suffered a brain injury because of someone else's negligence, call Gross Law Group at (888) 858-1505 or send us a message. We handle injury cases on a contingency fee: No Recovery, No Fee, but the client is responsible for costs such as filing fees, medical records, and expert fees. The first consultation is free.
Brain Injury FAQs
Can a concussion support an injury claim?
It can. Whether a claim is available depends on who was at fault, how the injury affects your health and work, and, in auto cases, whether the injury meets Florida's threshold for pain and suffering in Fla. Stat. 627.737(2), such as a permanent injury within a reasonable degree of medical probability.
What if my symptoms did not appear until days after the crash?
Brain injury symptoms are sometimes noticed days or weeks later, often by family members. In auto cases, PIP generally requires initial treatment within 14 days of the crash. Medical records that connect your symptoms to the incident are important, so talk with your doctor about every symptom.
What is Florida's Brain and Spinal Cord Injury Program?
It is a Florida Department of Health program that provides rehabilitation, case management, and resource support to eligible Floridians with moderate-to-severe brain or spinal cord injuries. Florida law requires health agencies and attending physicians to report these injuries to the program's central registry within five days of identification or diagnosis (Fla. Stat. 381.74).
How long do I have to file a brain injury claim?
For most negligence claims arising after March 24, 2023, Florida law allows two years to file a lawsuit. Claims against government entities have separate notice requirements, so please call promptly so evidence can be preserved.
How does Gross Law Group charge for brain injury cases?
We handle brain injury cases on a contingency fee: No Recovery, No Fee, but the client is responsible for costs such as filing fees, medical records, and expert fees. The first consultation is free.