Medical Treatment & Bills

What is a traumatic brain injury claim?

Attorney-Reviewed Answer
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183). Last reviewed: September 2026
Short Answer
A claim for brain injury from a crash — often difficult to prove because standard imaging is frequently normal.

Brain injuries range from concussion to severe. The difficulty is that a mild traumatic brain injury can be genuinely disabling while a CT scan reads normal.

Symptoms that get missed or misattributed: headaches, difficulty concentrating, memory problems, word-finding trouble, light and noise sensitivity, sleep disruption, irritability, and emotional changes. These get attributed to stress, to being upset about the crash, or to depression.

Why they get missed. The person doesn't connect them to the crash, doesn't report them, and often isn't asked. Family members frequently notice before the person does.

What supports a claim. Documentation from the outset, including any loss of consciousness or confusion. Neuropsychological testing, which measures function rather than structure. Specialized imaging in appropriate cases. And testimony from people who knew the person before.

What to do. Report every cognitive and emotional symptom to a provider, in those terms. A symptom described to a spouse and not to a doctor doesn't exist in the record.

Tell a doctor about the memory and concentration problems specifically. Those get missed. ---

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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.