If you’ve suffered a concussion from an accident, you might wonder if you can sue for compensation. The short answer is: Yes, it can. But, as with most personal injury cases, it depends on the specific circumstances of your injury. One challenge, though, is that insurance companies are often skeptical of concussion claims. They may downplay your injury, making it harder for you to get the compensation you deserve. That’s why it is important to hire an attorney to help you.
At Prosper Shaked Accident Injury Attorneys, PA, we’re here to help you through this challenging time. If you’re considering suing for a concussion, working with an experienced Miami personal injury lawyer can make all the difference in securing the compensation you deserve.
What is a Concussion?
Before diving into whether you can sue for a concussion, it’s important to understand what a concussion actually is. A concussion is a type of traumatic brain injury (TBI), typically caused by a blow to the head or a violent jolt to the body. Even though concussions are considered “mild” TBIs, they can have serious and long-lasting effects.
Common symptoms of a concussion include:
- Headaches
- Dizziness
- Nausea
- Difficulty concentrating
- Sensitivity to light or noise
Most people recover from a concussion within a few weeks, but some experience ongoing issues. In fact, around 10% to 30% of concussion sufferers develop post-concussion syndrome, where symptoms persist for months or even years. This is where things can get complicated from a legal perspective—because the severity and duration of your symptoms may determine whether you can file a lawsuit.
Does a Concussion Qualify for a Lawsuit?
Florida’s laws will ultimately determine whether you have a valid case. Florida law allows individuals to seek compensation for concussions that result from another person’s negligence. For example, if you were in a car accident or slipped and fell due to someone else’s carelessness, you might be eligible to file a lawsuit.
However, not every concussion will meet the qualifications to file a lawsuit. Florida has specific thresholds for personal injury lawsuits, and it’s essential to meet certain criteria before you can move forward with a claim.
The Severity of Your Concussion Matters
One of the first things to consider is how severe your concussion is. Florida law requires that injuries must be “serious” to step outside of the state’s no-fault insurance system (which we’ll discuss more in a moment). A minor concussion that heals within a few weeks may not meet the legal definition of a serious injury. On the other hand, if your concussion has caused long-term or permanent impairments—such as cognitive difficulties, memory problems, or chronic headaches—this could strengthen your case.
To be considered serious, your concussion must have a significant impact on your life. This could include:
- Loss of ability to work
- High medical costs
- Long-term physical or emotional effects
- Ongoing symptoms that reduce your quality of life
Understanding Florida’s No-Fault Insurance System & PIP Limits
Florida operates under a no-fault insurance system, which means that after a car accident, your own insurance company is responsible for covering your medical expenses, regardless of who was at fault. This is done through Personal Injury Protection (PIP) insurance, which all Florida drivers must carry.
What Does PIP Cover?
PIP covers medical expenses, lost wages, and other related costs, but it is limited. Florida law mandates that drivers carry at least $10,000 in PIP coverage. This can be used to pay for immediate medical bills and some lost wages, but in many cases, PIP doesn’t cover everything—especially if your injuries are serious.
For example, if your concussion leads to extensive medical treatments, physical therapy, or long-term care, your bills could easily exceed the PIP limit. In that case, you may need to seek compensation beyond what PIP can provide.
Serious Injury Threshold in Florida
To file a lawsuit for a concussion (or any injury) in Florida, you must meet the state’s “serious injury” threshold. This is outlined in Florida Statute §627.737, which allows you to step outside the no-fault system and file a personal injury lawsuit if your injury is severe enough. A “serious injury” in Florida is defined as:
- Significant and permanent loss of an important bodily function
- Permanent injury within a reasonable degree of medical probability
- Significant and permanent scarring or disfigurement
- Death
While concussions don’t always lead to permanent injuries, they certainly can. If you’ve experienced long-term concussion symptoms or complications, this may qualify as a serious injury under Florida law, allowing you to pursue legal action.
Chronic Concussions: When a “Mild” Injury Becomes Life-Altering
Although concussions are sometimes called “mild” TBIs, the reality is that they can have severe and lasting effects. If your symptoms persis for months or even years, a doctor might diagnose you with chronic post-concussion syndrome. According to studies, approximately 10% to 30% of people who suffer concussions will develop chronic symptoms. These can include:
- Persistent headaches
- Difficulty concentrating
- Memory loss
- Depression or anxiety
- Dizziness or vertigo
When a concussion turns into a chronic condition, it can drastically affect your life. You may be unable to return to work, participate in daily activities, or even enjoy time with your family like you once did. This is why you must take your symptoms seriously and seek medical attention if they persist.
In legal terms, if your concussion has led to long-term impairments, you’re more likely to have a strong case for compensation. Chronic conditions often warrant higher settlements due to the lasting impact they have on your life.
Filing a Concussion Lawsuit in Florida
If you believe you have a valid case for a concussion lawsuit in Florida, there are several steps you’ll need to take:
1. Seek Immediate Medical Attention
First and foremost, see a doctor as soon as possible after your accident. Even if you don’t think your concussion is severe, it’s crucial to get checked out. This is important for your health and creates a medical record that can be used as evidence in your case.
2. Document Everything
Keep detailed records of all medical treatments, symptoms, and how your concussion has affected your life. This could include missed work, changes in daily activities, or emotional impacts such as anxiety or depression. The more documentation you have, the stronger your case will be.
3. Contact a Florida Personal Injury Attorney
Given the complexity of Florida’s personal injury laws, you should discuss your case with an experienced Florida personal injury attorney. Your lawyer can determine whether your case meets the state’s serious injury threshold and guide you through the legal process.
4. File Your Claim
Once you’ve gathered evidence and consulted with an attorney, you can file your personal injury lawsuit. This will involve submitting a complaint to the court, which outlines your case and the damages you’re seeking.
Compensation You May Be Entitled To
If you successfully file a lawsuit for your concussion, you may be entitled to several types of compensation, including:
- Medical Expenses: This includes everything from hospital bills to ongoing treatments like physical therapy or counseling.
- Lost Wages: If your concussion has caused you to miss work or limited your ability to perform your job, you may be compensated for lost income.
- Pain and Suffering: This is compensation for the physical pain and emotional distress caused by your injury.
- Loss of Enjoyment of Life: If your concussion has impacted your ability to enjoy daily activities, you may be entitled to compensation for this loss.
Contact Our Miami Concussion Lawyers
Suffering a concussion can be a life-changing event, especially if it leads to chronic symptoms or long-term impairments. In Florida, you may be able to file a lawsuit for your concussion if it meets the state’s serious injury threshold and if you can demonstrate that someone else’s negligence caused your injury.
At Prosper Shaked Accident Injury Attorneys, PA., we are here to help you explore your legal options. Even if you aren’t sure your concussion meets the legal threshold for filing a lawsuit, let’s talk!
For a free consultation on your case and for help understanding who you may be able to sue in your case, contact Prosper Shaked Accident Injury Attorneys PA today. Our number is (305) 694-2676. You can also fill out our confidential contact form.