Florida Brain and Spinal Cord Injury Lawyer

If you are looking for a brain injury lawyer in Miami or anywhere in Florida, this page explains, in plain words, how these claims generally work: symptoms to watch, how to document the injury, how insurers dispute injuries no one can see, and the deadlines that apply. It is general information, not legal or medical advice; every case is different.

Brain and Spinal Cord Injuries After an Accident

A traumatic brain injury (TBI) happens when a blow, a jolt or a hard impact disrupts how the brain normally works. You don't always have to hit your head: the sudden movement of a crash can be enough. A concussion is a mild form of brain injury, but "mild" doesn't mean it isn't serious.

Spine injuries range from herniated discs and fractured vertebrae to damage to the spinal cord itself. According to the National Institute of Neurological Disorders and Stroke (NINDS), motor vehicle crashes and serious falls are the most common causes of spinal cord injury in the United States.

As a brain injury lawyer serving Miami and the rest of Florida, Tomas Robirosa sees these injuries most often in:

• Car accidents Rear-end crashes, side impacts and rollovers. Car accident claims.
• Truck accidents The size and weight of a truck make the impact far more violent. Truck accident claims.
• Motorcycle accidents A rider has almost nothing between the body and the road. Motorcycle accident claims.
• Slip and falls A fall on a wet floor or a broken stair can cause head and back injuries. Slip and fall claims.

Symptoms to Watch For

This is not medical advice. If you are unsure, get medical care right away. According to the Centers for Disease Control and Prevention (CDC), some brain injury symptoms show up right away and others can take hours or days. They include:

• Headache, dizziness, nausea, balance or vision problems, and sensitivity to light or noise
• Trouble concentrating or remembering, or feeling slowed down or foggy
• Irritability, anxiety, sadness or mood changes
• Sleeping more or less than usual

The CDC says a headache that gets worse, weakness or numbness, repeated vomiting, seizures, slurred speech or loss of consciousness need medical care right away. For spine injuries, NINDS lists numbness or tingling in the hands or feet, weakness, trouble walking, pain or pressure in the neck or back, loss of bladder or bowel control, and difficulty breathing.

Tell your doctor everything you feel, even if it seems small.

How to Document a Brain or Spine Injury

1. Get medical care quickly. After a car crash, Florida's PIP law generally requires initial treatment within 14 days. Every case is different, so speak with an attorney to confirm how the rules apply to you.
2. Follow your treatment plan. Keep your appointments and do your therapy. Long gaps in treatment are the first thing an insurer uses to argue you weren't really hurt.
3. Keep a symptom journal. Write down headaches, memory lapses, sleep problems, pain and the things you can no longer do.
4. Ask family to take notes too. Changes in personality or memory are often noticed first by the people closest to you, and what they see can matter.
5. Save everything. The crash or incident report, photos, bills, pharmacy receipts, work records and every letter from an insurer.
6. Be careful on social media. One smiling photo can be used to argue that you are fine.

How Insurers Dispute "Invisible" Injuries

Many brain injuries and some back injuries don't show up on an X-ray, and sometimes not on other imaging either. Insurers know this and often use arguments like these:

• "Your scans were normal" A normal scan doesn't always rule out a brain injury. Evaluations by specialists and changes in your daily life also count.
• "You already had back problems" If the accident made an existing condition worse, that worsening can be part of the claim.
• "You stopped seeing the doctor" Gaps in treatment are used to lower the value of a case.
• "It was a minor crash" Light damage to a car doesn't mean the person inside wasn't hurt.

That's why complete medical records, your doctors' opinions and, when needed, evaluations by other professionals are so important.

Long-Term Costs and Life-Care Needs

A brain or spinal cord injury can require treatment for years. NINDS describes rehabilitation that can include physical and occupational therapy, assistive devices such as wheelchairs and braces, ongoing management of complications, and emotional support. On top of that come changes at work, at home and in the family.

In serious cases, a life care plan prepared by professionals helps estimate what the injured person will need in the future: doctor visits, therapy, medication, equipment, changes to the home and help with daily activities. A claim may include past and future medical expenses, lost income, lost earning ability, and pain and suffering. Don't accept a quick settlement before you know what your injury may cost you in the years ahead.

PIP, Comparative Fault and Deadlines in Florida

After a car crash, your own PIP coverage generally pays first: 80% of reasonable medical expenses and 60% of lost income, up to the policy limit. Under section 627.736 of the Florida Statutes, the medical benefit limit is $10,000 if a physician, dentist, physician assistant or advanced practice registered nurse determines that you had an emergency medical condition, and $2,500 if a provider determines you did not. With a brain or spine injury, PIP rarely covers everything, and you may be able to bring a claim against the at-fault driver and use your own uninsured/underinsured motorist coverage, if you have it. Motorcycle riders and people hurt in falls usually don't have PIP for those injuries.

Florida follows modified comparative negligence (section 768.81). In general, if you are found more than 50% at fault for your own harm, you cannot recover damages; if you are 50% or less at fault, your recovery is reduced by your share.

How Tomas Robirosa Can Help

Tomas Robirosa serves Miami-Dade, Broward, Palm Beach and all of Florida, and you can speak with him directly in English or Spanish, by phone, by video or in person. We gather the medical records and accident evidence, identify every policy that may apply, deal with the insurance companies and, if needed, file suit.

Read more about our personal injury claims. We work on a contingency basis: no fee unless we recover. Call (305) 600-0529 for a free consultation.

Frequently Asked Questions