Insurers fight brain injury claims hard.I know how, because I used to be on their side.
You might walk away from a crash or fall feeling shaken but fine. Days later come the headaches, memory gaps, light sensitivity, mood changes, and trouble focusing at work.
That gap is what insurers use against you. “The CT was normal.” “He went back to work.” “It’s all subjective.” I’ve seen that defense from the inside.
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The things people ask first.
You can recover if you are 50% or less at fault. Your award is reduced by your share. Fla. Stat. § 768.81
In a car crash, your own PIP pays first: up to $10,000 if a doctor finds an emergency medical condition. Fla. Stat. § 627.736
If you have any of these after a crash or fall, tell your doctor and ask about a neurologist.
Headaches that don’t go away, sensitivity to light or noise.
Losing your train of thought, trouble reading or working.
Balance problems, ringing in the ears.
Irritability, anxiety, sleep changes.
Your head doesn’t have to hit anything. The jolt alone can injure the brain.
I know the defense script. Normal imaging. Gaps in treatment. A prior injury. A defense doctor who calls it nothing. I know how to answer each one.
I build the medical proof. The right specialists, neuropsychological testing, and imaging when appropriate. You choose your doctors.
I document the real change. Your spouse, coworkers, and friends can describe who you were before and who you are now.
I’m ready for trial. I tried 20 jury trials as a prosecutor and have handled 500+ litigated cases. I prepare every case like it’s going in front of a jury, and I’ll take it there if that’s what it takes.
Permanent injury matters in crash cases. You can recover pain and suffering from an at fault driver if your injury is permanent within a reasonable degree of medical probability. Fla. Stat. § 627.737
PIP has limits. PIP pays up to $10,000 only if a doctor finds an emergency medical condition. Otherwise it caps at $2,500.
Fault is shared. You can recover if you are 50% or less at fault. Fla. Stat. § 768.81
Your deadline. Most negligence claims must be filed within 2 years. Fla. Stat. § 95.11
Steps that protect your claim.
Yes. CT scans often miss concussions and mild brain injuries.
Yes. The force of a crash alone can injure the brain.
It depends on your symptoms, how long they last, and your medical proof. Anyone who gives a number on the first call is guessing.
Usually 2 years. Start building your medical record now.
Nothing unless we win. No fees or costs upfront.
Every case is handled by me. Not assistants, case managers, or call centers.
Catastrophic injury · Pedestrian accident · Carrollwood personal injury attorney
Written by Jacob Gordon, Florida Bar No. 125004 · Updated October 2026