Florida Brain Injuries: When "Mild" Isn’t Mild at All

 Posted on October 10, 2025 in Uncategorized

Not every catastrophic brain injury is immediate or obvious. In Florida, many victims walk away from an auto accident or a fall, diagnosed by a doctor as having a "mild" traumatic brain injury. Weeks or months later, devastating cognitive, emotional, or neurological impairments begin to surface. This is often referred to as an "invisible catastrophe," and these delayed-onset complications can permanently impair an individual’s ability to work, function, or even care for himself or herself.

Yet such a delayed catastrophic injury is frequently misunderstood and often undervalued in personal injury claims. Having an experienced St. Cloud, FL personal injury attorney ensures that you have a strong advocate in your corner who understands statutes of limitations in the state and the nuances of traumatic brain injuries.  

Why the Diagnosis of "Mild" Brain Injury Can Be Misleading

It is important to understand that a diagnosis of "mild" brain injury (like a concussion) is based on initial presentation, not long-term outcome. The diagnosis involves identifying signs like confusion, dizziness, headaches, or memory issues that appear shortly after an impact to the head.

In particular, older adults and those with prior brain injuries (even minor ones) are at a higher risk of a "mild" brain injury turning into neurodegeneration, although it can occur in any person with a brain injury. Unfortunately, symptom delay can complicate filing deadlines under Florida’s statute of limitations for personal injury claims (Section 95.11)

What Are the Legal Challenges in Proving Delayed Catastrophic Injury?

With no early diagnostic evidence of a serious traumatic brain injury, the insurance company is likely to argue that the current symptoms are from unrelated conditions or pre-existing issues. It may be necessary to have expert medical witnesses, long-term neurological testing, and evaluations to prove that the car collision or other accident caused the catastrophic brain injury.

New technologies like Diffusion Tensor Imaging (DTI) and fMRI are beginning to transform how Florida injury attorneys prove TBI causation. DTI detects microscopic white matter damage that is invisible to conventional MRI and CT scans, using fractional anisotropy (FA) to map changes in water diffusion, which can correlate with long-term cognitive impairments. fMRI is a promising new research tool that can detect subtle brain function changes after a "mild" TBI, but is, as yet, unable to definitively prove that a mild brain injury was actually severe.   

Florida Law and Traumatic Brain Injuries

Catastrophic injuries, including traumatic brain injuries, can trigger exceptions to Florida’s no-fault system, allowing full tort recovery. The "serious injury" threshold enables a person to sue for damages beyond PIP coverage if the injuries are severe and exceed the $10,000 threshold.

This generally covers injuries like permanent loss of an essential bodily function, disfigurement, permanent scarring, and severe TBIs. This makes it crucial to have a diagnosis of a severe traumatic brain injury rather than a mild head injury. In turn, this triggers the need for expert medical testimony linking delayed TBI symptoms to the original accident.

Receiving full economic and non-economic damages in delayed TBI cases is crucial. Economic damages include past and future medical expenses, the expense associated with long-term rehabilitation, lost wages, and the loss of future earning capacity. Non-economic damages include pain and suffering (actual physical pain as well as emotional pain and trauma) and loss of consortium for a spouse. Serious TBIs can require lifetime care – something few families can afford without a personal injury claim settlement.

Contact an Orlando, FL Traumatic Brain Injury Lawyer

Perhaps you or a loved one suffered a head injury that seemed minor at the time but later caused severe or disabling symptoms. You need a highly skilled St. Cloud, FL personal injury attorney from The Doan Law Firm to keep the insurance company from downplaying your claim. Even a "mild" brain injury can have devastating consequences, and Florida law allows full recovery when the evidence supports it.

Attorney Doan is a member of the highly-regarded National Drowning Prevention Alliance and served as an investigator for the Galveston Sheriff’s Department for more than a decade. He has recovered billions for clients and takes calls 24/7/365. Call 407-289-0000 to schedule your free consultation. Se Habla Español.