Can You Recover 100% From a Concussion?

Can You Recover 100% From a Concussion? An Honest Answer for Florida Families

If you or someone you love has a concussion after a crash, a fall, or an attack, you deserve a straight answer.

We cannot give you a recovery percentage for concussions. We have not found a verifiable source that supports one.

This article covers three things. First, what affects your medical recovery. Second, what Florida law may mean for a claim. Third, which steps matter most right now.

If you have new or worsening symptoms, get emergency care now. See the section below on warning signs.

Recovery Is Personal, and Feeling Better Is Not Always Full Recovery

Concussion recovery is different for each person. Symptoms can get better, come back, and get better again.

You might feel close to normal one day. The next day, you might have headaches or trouble concentrating.

Tell your doctor about these ups and downs. Your doctor can then judge what they mean for your care.

Feeling better and being fully recovered are not always the same thing. Ask your doctor directly: “What would show that I have recovered, and what should I watch for?”

Your doctors can assess your condition and your prognosis. Your prognosis is the likely course of your recovery.

What Can and Cannot Decide a Claim

No recovery percentage, diagnosis label, or timeline decides how a claim ends. No one can predict in advance how a case will turn out.

Several factors may matter, depending on the facts of your case:

• Medical records that document the injury, your evaluations, and your treatment
• Fault, meaning who was responsible and how much
• Alcohol or drug involvement, which may trigger the Florida defense described below
• Filing deadlines, which depend on the type of claim
• Medical bills and how they were paid

Florida Rules to Know First

Fault: Florida’s Modified Comparative Fault Rule

Under Fla. Stat. § 768.81, your share of blame lowers the amount awarded to you. This share of blame is called contributory fault.

The statute says this “diminishes proportionately the amount awarded as economic and noneconomic damages.” It also says it “does not bar recovery,” subject to subsection (6).

Under that subsection, “any party found to be greater than 50 percent at fault for his or her own harm may not recover any damages.”

The same statute does not apply to any action based on an intentional tort. An intentional tort is a deliberate wrong, such as an intentional attack.

Under Fla. Stat. § 768.81, the subsection on comparative fault does not apply to an action for damages for personal injury or wrongful death arising out of medical negligence under chapter 766.

This matters if a concussion was missed or mistreated. How these rules apply depends on the facts of your case.

Alcohol or Drug Defense

Florida law may limit or bar a plaintiff’s recovery for injury to his or her person in some situations, depending on the facts of each case. The plaintiff is the person bringing the claim.

This applies if the trier of fact, meaning the judge or jury, finds both of the following:

1. When the injury happened, the plaintiff was under the influence of alcohol or a drug to the extent that normal faculties were impaired. Or the plaintiff had a blood or breath alcohol level of 0.08 percent or higher.
2. Because of that influence, the plaintiff was more than 50 percent at fault for his or her own harm.

The statute does not treat a prescription taken as prescribed as a “drug.” It also does not treat a medication sold without a prescription, taken at the recommended dosage, as a “drug.”

Both conditions must be met for the defense to apply. The facts of each case control.

Deadlines

Under Fla. Stat. § 95.11, the time limit for filing a legal claim generally depends on the type of claim, and exceptions may apply. Exceptions may apply.

Under Fla. Stat. § 95.031, a cause of action accrues when the last element of the claim occurs. “Accrues” means the clock starts. This is one reason the timing of events matters.

Deadlines depend on the facts of each case. Do not assume you have more time than you do. This article cannot give you the deadline for your situation.

Medical Bills and Liens

Some people get treatment under an arrangement. The provider gets paid from a future judgment or settlement.

Florida law calls this a “letter of protection.” The law defines it as “any arrangement by which a health care provider renders treatment in exchange for a promise of payment for the claimant’s medical expenses from any judgment or settlement.”

Fla. Stat. § 768.0427 covers how medical expenses may be proven and recovered. It says the damages for medical care “may not include any amount in excess of the evidence of medical treatment and services expenses admitted.”

Keep every bill, lien notice, and payment record. A lien is a claim against money you may receive later.

Collateral sources may also matter. Collateral sources are payments from other sources.

Under Fla. Stat. § 768.76, in actions to which the statute applies, the court “shall reduce the amount of such award.” The reduction covers amounts paid or otherwise available to the claimant from collateral sources.

There is no reduction for collateral sources with a subrogation or reimbursement right. Subrogation is a right to be repaid. Medicare and Medicaid benefits are not considered collateral sources under that statute.

Concussions After Crashes, Falls, and Attacks

Concussions often follow a car crash, a motorcycle crash, a truck crash, or a fall on unsafe property.

Our traumatic brain injury, car accident, truck accident, motorcycle accident, and slip and fall pages explain these situations in more detail.

When Someone Attacked You on Someone Else’s Property

Maybe you were attacked, shot, robbed, or sexually assaulted. It may have happened in an apartment complex, a parking lot or garage, a hotel, a bar, a gas station, a store, or at an ATM.

If you were hurt on someone else’s property, whether the property owner failed to provide reasonable security depends on the facts of your case and on your status on the property. Security can include working locks and gates, lighting, cameras, or guards.

In that situation, you may have a claim against the property owner. Whether a claim exists depends on the facts of your case.

In legal terms, this is often called a negligent security claim.

A claim may seek compensation for losses such as medical costs and lost income. The fault rules described above may apply to these claims.

Protecting Your Medical and Legal Position

Medical records are a key source of evidence for an injury such as a concussion. How much they matter depends on the facts of your case.

Keep records of:

• All medical visits and evaluations
• A symptom diary showing what you felt, when, and how it changed
• How the injury affected your work, school, sleep, and daily activities
• All treatment, rehabilitation, and referrals
• All bills, payment records, and letters about payment

When to Seek Emergency Care

Go to an emergency room right away if you have any of these after a head injury:

• Loss of consciousness, for any length of time
• Severe or worsening headache
• Vomiting or repeated nausea
• Confusion, disorientation, or difficulty staying awake
• Slurred speech or difficulty understanding others
• Seizures
• Clear fluid from the nose or ears

Get a medical evaluation for any head injury with symptoms, even if they seem mild.

Early records document your injury. They may be relevant to any later claim.

Post-Concussion Symptoms: When Recovery Takes Longer

If symptoms last longer than expected, your doctor may check whether you have post-concussion syndrome. This is a set of symptoms that can continue after a concussion. Possible symptoms include:

• Persistent headaches
• Dizziness, balance problems, or vertigo (a spinning feeling)
• Memory or concentration difficulties
• Mood changes such as irritability, anxiety, or depression
• Sensitivity to light or noise
• Sleep problems
• Fatigue that seems out of proportion to your activity

Outcomes vary. Your doctors can describe your prognosis based on your own medical course.

You can ask your primary care doctor for a referral to a neurologist. A neurologist is a doctor who treats the brain and nervous system. You can also ask for another doctor who focuses on brain injuries.

Ask whether occupational or physical therapy may help. Occupational therapy can help with daily tasks. Physical therapy can help with movement. Either may help with balance, coordination, or thinking symptoms.

Practical Steps You Can Take With Your Doctor

• Ask what rest looks like for you. Ask about physical and mental rest. Ask how long to limit screens, reading, and mental work.
• Ask about driving, work, school, and sports before you go back to them.
• Return to mental tasks gradually. Use short periods with breaks, as your doctor advises.
• Keep your symptom diary and bring it to each appointment.
• Tell your doctor about any prior head injuries. Your history may be part of their evaluation.

FAQ

If you or a loved one suffered a concussion in a crash, a fall on unsafe property, an attack at a property with inadequate security, or any situation where someone else’s negligence may have played a role, you do not have to sort out the medical and legal questions alone.

Contact Igor Hernandez, the responsible lawyer at CHG Personal Injury Lawyers, a Florida-based firm, to talk about your situation and your next steps.

CHG charges no attorney’s fees and no case costs unless there is a recovery.