Concussion and Mild Traumatic Brain Injury

Insurance companies love the word mild. We do not let it define your case. Dennis Gonzalez Law, P.A. represents people with concussions and mild TBI after crashes and falls, in English and Spanish, and our office answers 24 hours a day.

What a concussion is

The National Institute of Neurological Disorders and Stroke (NINDS) describes a concussion as a type of mild TBI that can be considered a temporary injury to the brain, although healing can take minutes to several months. It can be caused by a blow to the head or by a rapid movement of the brain inside the skull, as when a person is violently shaken. NINDS explains that a person with a concussion either suddenly loses consciousness or has a sudden change in consciousness or awareness. You do not have to be knocked out, and you may not even have hit your head.

Most people recover. Some do not recover quickly, and for them, headaches, fogginess, dizziness, and mood changes can last for months, affecting work, school, driving, and family life.

What it does to a life

The person with a concussion often looks fine. That is the cruelty of it. A bookkeeper starts making mistakes. A mother forgets the stove. A teenager's grades drop. A husband snaps at his kids and cannot explain why. Bright lights at work trigger headaches. Sleep is broken. The people closest to the injured person usually notice first, and their observations become important evidence.

Symptoms to track

The CDC groups concussion symptoms into four families. Write down which ones you have, when they started, and how they affect your day:

• Physical: headache, dizziness, nausea or vomiting, fatigue, sensitivity to light or noise, balance problems, blurred vision.
• Thinking: fogginess, slowed thinking, trouble concentrating, memory problems, losing your train of thought.
• Mood: irritability, anxiety, sadness, frustration, emotional ups and downs.
• Sleep: trouble falling or staying asleep, sleeping much more than usual.

NINDS notes that some emotional symptoms tend to develop during recovery rather than right away. Symptoms that appear later still count.

Emergency signs. NINDS advises immediate medical attention for warning signs like these, especially in the first 24 hours. Get emergency care for a headache that keeps getting worse, repeated vomiting, seizures, slurred speech, weakness or numbness, increasing confusion, or unusual drowsiness. Those can signal bleeding that needs immediate treatment.

Why a normal CT or MRI does not end the case

This is the insurer's favorite argument, and it is wrong on the medicine.

• CT looks for emergencies: skull fractures, bleeding, swelling. A normal CT is good news. It does not mean the brain was not injured.
• NINDS states that currently available imaging, blood tests, and other measures can't always detect damage from mild, concussive injuries. The injury can be at the level of nerve fibers and brain chemistry, too small for standard scans.
• The CDC's recommendations for emergency care of adults with mild TBI advise against routine imaging (CT or MRI) and call for clinical decision rules instead. So many people with a real concussion never get a scan at all, by design.
• Diagnosis is clinical: the history, the symptoms, and the examination. Doctors can add symptom scales, balance and eye-movement testing, and neuropsychological testing to measure how the brain is working. See our page on imaging and neuropsychological testing.

Which specialists to see

Your primary doctor or the ER is the start. If symptoms continue, ask about referral to:

• Neurologist for headaches, dizziness, and thinking problems.
• Neuropsychologist for formal testing of memory, attention, processing speed, and executive function.
• Vestibular or physical therapist for dizziness and balance.
• Neuro-ophthalmologist or optometrist for vision problems after the injury.
• Speech-language pathologist or occupational therapist for cognitive rehabilitation.
• Psychologist or psychiatrist for anxiety, depression, or sleep disruption.

Your doctors decide your care. Our job is to make sure every visit is documented and every symptom connected to the cause.

What to do now

1. See a doctor promptly and say the words: I hit my head, or I was jolted, and now I have these symptoms.
2. Keep a symptom diary. Ask a family member to keep notes on changes they see.
3. Follow medical advice on rest and return to work, school, and driving.
4. After a car crash, get initial care within 14 days, or Florida PIP medical benefits will not be paid (Florida Statutes § 627.736).
5. Do not give a recorded statement to an insurer, and do not post about your recovery online.
6. Preserve evidence: photos, the vehicle, the police or incident report, witness names, and any video.

The deadline

For most Florida injury claims based on negligence, you have two years to file a lawsuit (Florida Statutes § 95.11(5)(a)). That two-year rule applies to claims that accrued after March 24, 2023, the day HB 837 became law (Chapter 2023-15, Laws of Florida, § 28). For most injuries, a claim accrues on the day of the crash or fall. If yours happened on or before March 24, 2023, the older four-year rule may still apply. Wrongful death claims also carry a two-year limit, and claims against a government agency or involving medical care follow their own rules. Some websites still say four years. For new injuries, that is wrong.

If they say it was partly your fault

Florida uses modified comparative fault (Florida Statutes § 768.81). If you share some of the blame, your award is reduced by your percentage of fault. If a jury finds you more than 50 percent at fault for your own harm, you recover nothing.

Insurance, in plain terms

After a car crash, your own PIP pays first, up to $10,000 in medical and disability benefits, but medical benefits are limited to $2,500 if a qualified provider determines you did not have an emergency medical condition (§ 627.736). To recover for pain, suffering, and mental anguish from the at-fault driver, Florida law requires a qualifying injury, such as a permanent injury within a reasonable degree of medical probability (§ 627.737(2)). For concussion cases, that is where specialist evaluation and testing matter most. In fall and property cases, the owner's liability insurance is the usual source.

How a case runs

1. Investigation and preservation.
2. Treatment and documentation, including specialist referrals and testing when your doctors order them.
3. Witnesses: family, coworkers, teachers, and friends who saw the before and after.
4. Demand, then lawsuit if needed, always inside the deadline.
5. Discovery, including the defense's medical examination, and mediation or trial.

Frequently Asked Questions

Can I sue for a concussion in Florida?

Yes. A concussion is a traumatic brain injury. If someone else's negligence caused it, you may recover medical costs, lost income, and other losses. In car cases, pain and suffering requires meeting Florida's permanency threshold (§ 627.737(2)). Strong medical documentation makes the difference.

Do I have to lose consciousness to have a concussion?

No. NINDS explains that a concussion involves either a sudden loss of consciousness or a sudden change in consciousness or awareness, such as feeling dazed or confused. It can come from a blow to the head or from the brain moving rapidly inside the skull. Being knocked out is not required.

My CT scan was normal. Do I still have a case?

Possibly. NINDS states that current imaging and tests can't always detect damage from mild, concussive injuries. CT looks for bleeding and fractures; it does not measure how your brain is functioning. Clinical findings and neuropsychological testing often carry the medical proof.

How long do concussion symptoms last?

Many people recover within days to weeks; NINDS notes healing can take up to several months, and some people have symptoms longer. How long yours last is a medical question for your doctors. Track your symptoms and keep follow-up appointments.

What symptoms should I track after a concussion?

Track physical symptoms (headache, dizziness, light sensitivity), thinking problems (fog, memory, concentration), mood changes (irritability, anxiety), and sleep changes. Note when each started and what it stops you from doing. Ask a family member to write down what they notice too.

How long do I have to file a concussion claim?

For most Florida negligence claims that accrued after March 24, 2023, two years (§ 95.11(5)(a)). Older claims may fall under the prior four-year rule. Do not wait for symptoms to resolve before calling; the deadline runs either way.

What if I already had a prior concussion?

That does not bar your claim. A prior injury may make you more vulnerable, and Florida law allows recovery when a defendant's negligence aggravates an earlier condition. Be honest with your doctors and with us about your history. Hiding it hurts cases; explaining it does not.

Talk to us today

If your life has not been the same since the crash or fall, listen to that. Call (305) 209-0384 or message us on WhatsApp. Our office answers 24 hours a day.

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