Due to several factors, its very difficult to provide an exact dollar amount for a typical brain injury settlement, but it could range from $25,000 to well over $1 million. Here is some information about settlement factors, the statute of limitations, and the claims process.
Average Settlement for Traumatic Brain Injury (TBI) in Florida
An average TBI settlement value is not useful. Each claim is unique and can depend on multiple factors.
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Statute of Limitations for Traumatic Brain Injury (TBI) Cases in Florida
Statutes of limitations set deadlines for filing legal cases. Florida’s statute of limitation for injury claims is found at § 95.11, Fla. Stat. (2023) and sets a two-year deadline running from the injury date. The limitations period can sometimes be tolled.
According to § 95.051, Fla. Stat. (2023), two exceptions to the statute of limitations include adjudged incapacity and minority age. If the victim is a minor or incapacitated, the limitations period will not start until they turn 18 or regain capacity.
According to § 768.28(6)(a), Fla. Stat. (2023), when the government is responsible for a TBI, the filing deadline is three years. Government claims also have strict rules and notice requirements.
Consult an attorney quickly instead of waiting until near your deadline. Critical evidence can be lost with time. Seeking legal representation quickly can help your lawyer build a stronger case.
Factors that Determine the Settlement Amount in Florida
TBI settlements are not one-size-fits-all. Instead, the following factors will affect the amount:
Severity of the Injury
TBIs range from mild concussions to severe injuries. A victim with a mild TBI might recover after a few months. Another person might develop post-concussive syndrome with continuing symptoms. A TBI settlement will be higher for severe injuries.
Future Medical Expenses
A severe TBI might require extensive rehabilitation and ongoing care. Future medical expenses can greatly add to a settlement.
Lost Wages and Earning Capacity
If your TBI forces you to miss work, you are entitled to compensation for your lost income. You are also entitled to your reduced earning capacity if you are permanently unable to return to work or can only return in a limited capacity.
Pain and Suffering
Pain and suffering are non-economic losses that result from your TBI. These are consequences that intangibly impact you.
Loss of Enjoyment of Life
People with moderate to severe TBIs might lose friends and their ability to engage in activities they formerly enjoyed. Damages might be available for these losses.
Age of the Victim
Younger victims who suffer lifelong impairments might receive larger settlement offers because they will likely be affected much longer and require ongoing care.
Liability and Insurance Coverage
The TBI victim might share liability.
According to § 768.81(6), Fla. Stat. (2023), a person whose contributory negligence exceeds 50% can’t recover damages. When their negligence is under 50%, their settlement will be adjusted downward accordingly.
Available insurance coverage can serve as a cap on a settlement. For example, if the person’s TBI results from a car accident, but both the injured individual and the other driver only have the minimum $10,000 personal injury protection (PIP) and $10,000 property damage liability (PDL) coverage required in Florida, that will significantly reduce the settlement value.
Expert Testimony
TBIs can be difficult to diagnose, and the recovery is hard to predict. Expert witnesses are crucial and can testify about the likelihood of a full recovery or the plaintiff’s maximum medical improvement.
Legal Jurisdiction
In Florida, county courts hear small claims cases and those involving damages of up to $15,000. Circuit courts hear cases involving damages of more than $15,000 and are the courts where most TBI cases are filed.
According to the U.S. Department of Justice, a plaintiff can only bring a state law claim in federal court under the court’s diversity jurisdiction when these two factors apply:
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- Plaintiff must live in a different state than all defendants.
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- The amount in controversy must exceed $75,000.
The Legal Process Involved in TBI Settlements in Florida
Florida’s settlement process typically involves the following phases:
Consultation with a Personal Injury Attorney
You should consult a personal injury lawyer in Florida with experience handling complex injury cases. They typically offer free consultations, allowing you to evaluate them.
The attorney will assess your claim, explain its merits, and discuss your legal options. If you retain them, they will begin investigating and building your case.
Demand Letter and Negotiations
After your attorney’s initial investigation, they will draft a demand letter that includes your legal claims, a description of your injuries, what occurred, and a demand. Your attorney will calculate the potential value of your claim and might explain a range of likely values, and a fair settlement will fall between them.
After receiving the letter, the insurance company will investigate your claim. They can accept your demand, deny your claim, or make a counteroffer. If the insurance company makes an offer, your lawyer will advise you whether to take it.
Filing a Lawsuit (if Necessary)
If the defendant refuses to make a fair offer, a lawsuit might be necessary.
A lawsuit begins with a complaint that outlines the facts, your alleged causes of action, and your demands. Once you’ve filed the complaint and summons, you must serve them on the defendant. The defendant will then have time to file an answer.
Discovery Process
After the initial pleadings, the discovery process begins. During discovery, both sides exchange evidence and information. Interrogatories, which must be answered under oath, might be sent. Both parties may depose witnesses. This process is typically the longest phase of a lawsuit. Your attorney will continue negotiating with the defendant during discovery.
Mediation or Settlement Conference
The judge might order mediation or a settlement conference if your case hasn’t been settled. Mediation is an out-of-court proceeding in which you and the defendant will meet with a trained mediator, a neutral third party who facilitates legal agreements.
A settlement conference is similar to mediation and involves meeting with a settlement coordinator.
Trial
Most TBI claims are settled, but a minority will go to a trial.
At a trial, you and the defendant can call witnesses, admit evidence, and cross-examine the opposing side’s witnesses. Once you have rested, the jury will receive the case and deliberate to return a verdict.
Appeal (if Necessary)
If you lose, you can appeal to a higher court. Appeals are filed when either party believes the court committed a reversible error. The appellate process can take a year or longer. If the trial court’s decision is reversed, your case will be set for a new trial.
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What is a Traumatic Brain Injury (TBI)?
According to the National Institute of Neurological Disorders and Stroke, a TBI is an injury to the brain’s soft tissues and can be caused by a blow to the head, a violent jolt, or a penetrating external object.
TBIs can range in severity and can be closed or open. Mild TBIs might cause symptoms lasting for several weeks to a few months, while moderate to severe TBIs can leave people with lifelong impairments.
Immediately Seek Medical Attention after a Head Injury
Seek medical care immediately for a head injury. A TBI can quickly worsen and spread. Getting help quickly allows you to receive an accurate diagnosis and appropriate care. Prompt treatment can also help to protect your rights to pursue a compensation claim.
Frequently Asked Questions
How much money can you get from a traumatic brain injury?
The value of your claim can’t be determined without investigating and reviewing the evidence. To obtain a proper valuation, speak to a personal injury lawyer in Florida.
How much disability do you get for TBI?
If you are left with a permanent disability from a TBI, you might be eligible for Social Security Disability Insurance (SSDI) benefits. The benefits amount will depend on your previous salary, earned work credits, and other factors. To qualify, you must be unable to return to any substantial gainful employment, including a less strenuous or difficult job.
How much should I settle for a head injury?
A fair settlement depends on your injury’s severity, available insurance, and other factors. Your lawyer can explain whether an offer is fair.
What is the maximum injury compensation rate in Florida?
If your TBI happened at work, you won’t be able to sue your employer but can pursue workers’ compensation. These benefits cover your medical expenses, rehabilitation costs, and a portion of your income.
According to the Florida Division of Workers’ Compensation, the maximum injury compensation rate in 2024 is the lesser of $1,260 per week or 66% of your previous salary.
How much is a traumatic brain injury worth in Florida?
The value of a Florida TBI case depends on multiple factors. Cases involving severe injuries will be worth the most.
How long does it take to settle a brain injury case?
A mild TBI settlement might not take long. A settlement for a moderate to severe TBI with significant impairments could take a year or more.
Is TBI a special monthly compensation?
Military veterans who suffer TBI during service might be entitled to special monthly compensation (SMC). Veterans entitled to a 100% disability rating might be eligible for SMC(t), which is reserved for severe TBIs. When granted, SMC(t) takes the place of the veteran’s monthly disability rating and pays for additional expenses.
Is TBI a permanent disability?
Not all TBIs are permanently disabling. People with mild TBIs might recover within a few weeks to months. Those with severe TBIs might be permanently disabled.
How to get 100% for TBI?
The VA provides disability ratings ranging to 100% for veterans with TBIs. A severe TBI could receive a 100% rating based on your assessed ability to function behaviorally, cognitively, and physically.
Can you recover 100% from brain injury?
Some people with mild TBIs recover within a few months. Those with severe TBIs may never recover.
How long does a serious head injury take to heal?
The healing time from a head injury depends on its location and severity. Severely injured people might regain some function with rehabilitation but never fully recover.
How long does it take to recover from a serious head injury?
According to the U.S. Centers for Disease Control and Prevention, around 50% of people with moderate to severe TBIs and an initial hospitalization never fully recover.
Need free legal help in Florida?
We specialize in personal injury claims.
