June 24, 2024


The Legal System


Can I File a Lawsuit in Florida if I’ve Suffered a Traumatic Brain Injury?

About 5.3 million Americans are unfortunately suffering from Traumatic Brain Injury-related disabilities, according to the CDC. These injuries adversely affect all aspects of an individual’s life, from their work to their studies and social life.

What causes a Traumatic Brain Injury (TBI)?

A TBI is when the normal functioning of the brain is disrupted when a person suffers from a penetrating head injury or a blow to the head. In many cases, TBIs are caused by slips and falls, vehicle collisions, and sports-related accidents. Individuals that have suffered from TBI may experience emotional and behavioral problems like physical outbursts, impulsive behavior, verbal outbursts, poor judgment, egocentricity, lack of empathy, negativity, depression, and lack of motivation.

Effects of a TBI

Since every head injury is unique, every victim of a TBI is affected differently. Some suffer from cognitive function problems, which affect attention and memory. Others suffer from motor function problems, which affect coordination and balance. In addition, another effect of TBI includes sensation problems, which affect hearing, perception, vision, and touch. It can also affect a person’s emotions, including anxiety, depression, impulse control, aggression, and personality changes.

Can I file a lawsuit?

If you have sustained a traumatic brain injury in Fort Lauderdale, FL because of an accident that was caused by another person’s negligence, then you may have recourse to pursue compensation. However, you will need to prove your TBI by using the following evidence:

Medical Records

You can prove you sustained a TBI through medical documents. The medical documents will show your diagnostic testing, examination, and imaging. It will also show whether you were experiencing any brain injury symptoms. In addition, your medical records will show that you did not have any pre-existing conditions or a brain injury.

Ongoing medical treatment documents

If you want to recover or treat your injury, then you must attend all your doctor appointments, therapy sessions, imaging tests, or rehabilitation sessions that have been recommended by a medical professional. If you stop following your treatment before you get better, it will harm your health and your case as well. This is because the other party might say your injuries are not very serious.

Journal about how the TBI affects you

You can strengthen your case by journaling daily about how the TBI affects your quality of life. A head injury can prevent you from doing certain things and that may affect your ability to enjoy activities that you did prior to the injury. You can document these changes in your journal, which can show you deserve compensation for your emotional anguish, pain, and suffering, reduced quality of life and enjoyment, and loss of consortium among other non-economic damages.


Therefore, if you have sustained a TBI in an accident that was caused by someone else, then you can file a lawsuit against them and begin the process of pursuing compensation for your accident-related losses. It is advisable to hire a lawyer who can speed up your process of getting a fair settlement.