A Concussion After a Car Crash Is a Serious Injury, and Your Claim Matters

Responsible lawyer: Igor Hernandez, CHG Personal Injury Lawyers. Florida-based, serving clients throughout Florida.

A concussion from a car accident can support a personal injury claim in Florida. The value of a concussion case depends on the facts, including the medical records, who was at fault, and the insurance available. This guide explains what shapes that value and the deadlines and rules that apply.

What is a concussion, and why does it matter for a claim?

A concussion is a type of traumatic brain injury. FloridaHealthFinder’s concussion guide explains symptoms, recovery time and warning signs in general terms. Some people recover in a short time. Others have symptoms that last much longer.

Long-lasting symptoms matter for a claim because they can affect daily life. A PMC study on concussion limitations reports that persistent concussion symptoms are associated with functional or occupational limitations. That means trouble working, studying or managing routine tasks can be part of the story a claim tells. For more on brain injuries, see our traumatic brain injury page.

Can you make a claim for a concussion after a car crash in Florida?

Yes. A concussion from a crash can support a claim against a driver whose negligence (failure to use reasonable care) caused the crash and your injury. Your claim generally turns on how the crash happened and what the records show.

Timing matters. Florida law generally sets a two-year deadline to file a negligence lawsuit, but exceptions apply, so prompt action matters (Fla. Stat. § 95.11(5)(a)). Deadlines apply, so contact a lawyer promptly.

Florida also uses shared fault. Under Florida’s comparative fault rules, a person found more than 50 percent at fault for their own harm may not recover any damages in a negligence case, though this rule does not apply to medical negligence claims. Under Fla. Stat. § 768.81, contributory fault chargeable to the claimant diminishes proportionately the amount awarded as economic and noneconomic damages for an injury attributable to the claimant’s contributory fault, but does not bar recovery, subject to subsection (6).

How Florida’s no-fault insurance affects early bills

Florida’s personal injury protection (PIP) pays some bills right after a crash. Under Fla. Stat. § 627.736, PIP provides up to $10,000 in medical and disability benefits. Under Fla. Stat. § 627.736, medical benefits provide eighty percent of all reasonable expenses for medically necessary medical, surgical, X-ray, dental, and rehabilitative services, including prosthetic devices and medically necessary ambulance, hospital, and nursing services, if the individual receives initial services and care within 14 days after the motor vehicle accident.

PIP also limits liens. An insurer has no lien on a tort recovery for PIP benefits. That protects part of your recovery from being claimed back for those benefits.

Pain and suffering claims follow a stricter rule. Under Fla. Stat. § 627.737, you may recover damages for pain, suffering, mental anguish and inconvenience only if the injury meets a threshold. For a concussion, the most relevant category is a permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement. The statute also lists significant and permanent loss of an important bodily function, and death.

Whether a concussion meets this threshold turns on medical records, follow-up care and what your doctors document over time. Follow your doctors’ care at every step.

What drives the value of a concussion claim?

Several factors shape the value of a concussion case:

• Medical records. Records from the first visit onward show symptoms, tests and limits.
• Symptom timeline. How long symptoms last, and whether they affect work, school, sleep or driving, matters.
• Permanence. Whether doctors document a permanent injury under the threshold above is central.
• Fault. How the crash happened and the shared fault rule shape the claim.
• Insurance limits. The at-fault driver’s coverage and your own coverage set the available money.

A long gap in care can make it harder to link symptoms to the crash. Insurers often ask about gaps, so keep appointments and report new symptoms to your doctor.

How do medical bills and letters of protection work?

Some people get treatment without paying upfront. Under Fla. Stat. § 768.0427, a letter of protection is an arrangement in which a health care provider treats you in exchange for a promise of payment from any judgment or settlement. Ask about any letter of protection or lien before you sign anything.

Health insurance and other outside benefits are called collateral sources, meaning money from other sources. Under Fla. Stat. § 768.76, a court reduces a damages award by amounts paid or available from collateral sources. There is no reduction for sources that have a right to be repaid.

How can you learn the at-fault driver’s insurance limits?

Under Fla. Stat. § 627.4137, each liability insurer must provide a sworn statement within 30 days of your written request. Under Fla. Stat. § 627.4137, within 30 days of the claimant’s written request, the sworn statement must set out the name of the insurer, the name of each insured, the limits of the liability coverage, any policy or coverage defense the insurer reasonably believes is available, and a copy of the policy.

If the at-fault driver’s coverage is not enough, your own uninsured and underinsured motorist coverage may apply.

What should you tell the officer at the crash scene?

Under Fla. Stat. § 316.066, a Florida Traffic Crash Report, Long Form must be submitted within 10 days after the investigating officer completes the investigation. The rule covers crashes that result in death, personal injury, or any indication of complaints of pain or discomfort, crashes that involve a violation of s. 316.061(1) or s. 316.193, and crashes that involve a commercial motor vehicle.

Tell the officer about any pain or symptoms you notice, even if they seem minor. Symptoms of a head injury can appear hours or days later, so keep a written list.

What mistakes do people often make after a concussion crash?

• Accepting a quick offer. An early offer is made before the full medical picture is known.
• Signing a release with one party. Under Fla. Stat. § 768.041, a release with one tortfeasor (a person who caused harm) does not release others who may be liable for the same injury.
• Delaying follow-up care. Gaps in treatment can make it harder to connect symptoms to the crash.
• Missing the deadline. The two-year rule applies to most claims, and time moves quickly.

Our car accident page covers the broader claim process in Florida.

Frequently asked questions

Talk with us about your concussion claim

If a loved one came home from a crash with a head injury, you do not have to sort out insurance, deadlines and bills alone. CHG Personal Injury Lawyers offers a free, confidential first consultation with no obligation to continue. CHG charges no attorney’s fees and no case costs unless there is a recovery. Contact CHG Personal Injury Lawyers to talk through your situation.