Car accidents are unfortunately common, but they’re not always just a “bump in the road.” In severe cases, these collisions can result in traumatic brain injuries (TBIs), changing lives in an instant. According to the Centers for Disease Control and Prevention, around 1.5 million Americans suffer from TBIs every year—and many are linked to car accidents. A brain injury from a car accident can lead to life-altering consequences, from memory issues and mood swings to physical impairments and financial struggles. Knowing how to file a compensation claim is critical if you or a loved one has experienced this.
Filing a claim for a car accident brain injury in Florida can be a complex process. Understanding your legal rights and taking the proper steps are essential to obtaining the compensation you deserve to cover medical expenses, lost wages, and other damages. This guide outlines what’s involved in filing a claim, Florida’s statute of limitations, and why time is of the essence in personal injury cases.
Statute of Limitations for Brain Injury Claims in Florida—and Why Timing Matters
Florida law places a statute of limitations on personal injury cases, including traumatic brain injury (TBI) claims from car accidents. Generally, the statute of limitations for filing a personal injury claim is two years from the date of the injury. This time frame ensures cases are handled while evidence is fresh, witnesses can recall details, and medical documentation remains accurate.
The two-year window may seem sufficient for many, but TBIs can present unique challenges. Symptoms might not appear immediately, or the full impact may only become clear months after the accident. For example, cognitive or emotional symptoms may emerge weeks later, adding complexity to the case. Additionally, if the TBI involves a minor, Florida law may extend the filing period until the individual reaches the age of 18.
What Happens if I Missed the Deadline?
Missing the statute of limitations can have serious consequences. If you file a claim after the deadline, the court will likely dismiss your case, meaning you forfeit the chance to recover damages for medical expenses, lost wages, pain, suffering, and other losses. This principle, designed to protect defendants from claims after evidence and memories have faded, underscores the importance of timely action.
Even if you missed the deadline, there might be options worth exploring. For example, the statute of limitations might be paused or “tolled” in certain circumstances, such as cases involving a minor or if the injury’s severity delayed diagnosis. However, these situations are rare and complex, reinforcing the importance of immediately consulting a knowledgeable attorney.
How Can I File a Claim for a Car Accident Brain Injury?
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Seek Immediate Medical Attention
After any car accident, prioritizing medical care is essential, but it’s especially critical with potential brain injuries. TBIs may not show symptoms immediately, and early medical attention ensures a prompt diagnosis. Medical records are also vital to the evidence, providing clear documentation of your injury, its severity, and the treatment plan. Following through with all recommended medical treatments will support your claim, showing that you’re taking your recovery seriously.
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Consult an Experienced Personal Injury Attorney
Once medical needs are addressed, you should consult with a personal injury attorney experienced in TBI cases. Filing a brain injury claim is far from simple; a knowledgeable attorney will help navigate the legal process, ensure proper documentation, and offer support at every step. They can also calculate damages you may be entitled to, such as future medical expenses, therapy costs, and lost earning potential.
The attorney will serve as an advocate, working to build a case that demonstrates how the injury has impacted your life. This can be a complex process as brain injuries often have long-term and sometimes hidden effects that require specialized medical knowledge to understand and demonstrate in court fully.
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Gather Evidence
Gathering and preserving evidence is essential to building a strong claim for a brain injury from a car accident. Evidence might include:
- Medical Records: Proof of your diagnosis, treatment, and prognosis.
- Accident Reports: Police or accident reports that establish the details of the collision.
- Photographs: Any photos of the accident scene, your injuries, and damage to the vehicle.
- Witness Statements: Statements from anyone who witnessed the accident can help corroborate your version of events.
- Work Records and Financial Statements: Documentation of lost wages and any work limitations resulting from the injury.
Your attorney can help organize and present this evidence, focusing on demonstrating how the TBI has altered your life physically, emotionally, and financially.
More: How to Document Evidence Needed for a Personal Injury Claim
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File the Claim
With all necessary evidence compiled, your attorney will help file the claim in the appropriate Florida circuit court, typically in the county where the accident happened. This step involves submitting all required documentation on time and complying with Florida’s procedural rules. If the insurance company is uncooperative or denies the claim, your attorney may negotiate or prepare to take the case to trial if necessary.
At this point, having a legal professional with litigation experience can make all the difference, as they can argue for the highest possible compensation based on the severity of the TBI, its impact on your future, and the negligence involved in the accident.
Ready to File a Claim for Your Brain Injury from a Car Accident? Contact Us for a Free Consultation
A brain injury is a serious, life-changing event that requires the proper support, both medically and legally. Since 2015, our dedicated team at RRBH Law has helped clients in Miami and throughout Florida navigate complex personal injury claims. We understand the toll a car accident brain injury can take on you and your loved ones, and we’re here to help.
If you’re ready to explore your options for filing a claim for a brain injury from a car accident, we’re prepared to listen. Contact us at 305-800-4663 to schedule a consultation and discuss your case with an experienced attorney. Let’s ensure you get the support and compensation you deserve—so you can focus on healing.