
Traumatic Brain Injury · Florida & Nationwide
When a Brain Injury Turns Your Life Upside Down, Start Here
A calm, step-by-step checklist for families facing a loved one's traumatic brain injury — what to do at the hospital, what to ask, and how to protect their future.
By CHG Lawyers · Published August 04, 2026
First Steps After a Loved One Suffers a Severe Brain Injury: A Family Checklist
If someone you love just suffered a severe brain injury, do this first: stay close, find the one doctor leading the trauma team, and start writing everything down. Everything else can wait until tomorrow.
This page is written for you — the wife who hasn’t left the waiting room, the father who drove three hours to get here, the daughter fielding calls from relatives while a nurse explains words you’ve never heard. You are not the patient, and you may not know a single legal term. That’s fine. We’ll keep it plain, and we’ll tell you clearly which decisions belong to the doctors and which ones your family actually controls.
Scan the checklist, act on what you can today, and come back when you need the next part. A Spanish-language version of this guide is available for Spanish-speaking families — También disponible en español.

How to use this checklist when you’re running on empty
A severe traumatic brain injury (TBI) is one of the hardest things a family faces. You may feel numb, panicked, or both. That’s a normal response to shock.
The Centers for Disease Control and Prevention (CDC) defines a moderate-to-severe TBI as an injury with a “long-term or lifelong need for help performing daily activities” (CDC, Traumatic Brain Injury). In plain terms: the brain took a violent blow or jolt, and the days ahead are uncertain.
One rule for this whole page: the medical questions are for your loved one’s doctors — never take treatment advice from an article. What we can help with is the part your family controls — the records, the deadlines, the who-signs-what — so nothing important slips while you’re focused on the bedside.
For the full picture of these injuries, see our pillar guide on traumatic brain injury.
Right now: the first hours in the hospital
In the first hours your job is small and specific: stay close, get one point of contact, and write things down.
- Stay with your loved one. Ask a nurse who leads the trauma team, and get one name and a callback number as your main contact.
- Start a notebook or a phone note. Log every name, number, and update. In three days you will not remember who told you what.
- Gather ID and insurance cards if you can find them.
- Ask who is allowed to make medical decisions if your loved one can’t speak for themselves. In Florida this is often a “health care surrogate” or a court-appointed proxy under Fla. Stat. §765.401, which lists the order of who decides — spouse first, then adult children, then a parent.
Early care is about keeping the brain alive: controlling swelling, oxygen, and pressure inside the skull. It is normal to have almost no answers tonight. That silence is not bad news — it’s the team doing triage.
Then handle the human basics. Call close family. Arrange childcare or notify your employer. Eat something. You cannot advocate for anyone if you collapse.
Understanding the diagnosis: a copy-paste question list
You have a right to understand what’s happening. Here is a short glossary so the words stop sounding like a foreign language.
- Glasgow Coma Scale (GCS): a 3-to-15 score of how awake and responsive someone is. A GCS of 8 or below is generally classed as severe.
- Intracranial pressure (ICP): the pressure inside the skull. Too high can damage the brain, so teams often monitor it directly.
- Coma: a deep state of unconsciousness. It does not, by itself, tell you the final outcome.
- Diffuse axonal injury: widespread tearing of the brain’s “wiring” from a strong jolt — common in high-speed crashes.
Print this and read it out loud to the trauma team
Copy these into your phone. Ask two family members to be present — one listens, one writes.
- What part of the brain is affected, and what does that area control?
- What was the GCS score on arrival, and what is it now?
- Are you monitoring intracranial pressure? What number are you watching?
- What are the next 24 to 72 hours likely to look like?
- What procedures or medications are you giving right now, and why?
- What signs would mean things are getting better — or worse?
- Who should I ask when the trauma team changes shift?
Keep asking until every answer makes sense. A good team expects these questions.
The first few days: getting the family organized
A little structure now prevents huge stress in three weeks. Assign roles so no one person carries everything.
- Name one point person to speak with the hospital, and a second person to keep records. This stops mixed messages and caregiver burnout before it starts.
- Start one folder — a physical binder or a shared phone folder — for records, bills, insurance letters, and receipts. One place, always.
- Ask about legal authority to act. You may need a durable power of attorney or a HIPAA authorization (the federal privacy rule that governs who can receive medical records — see HHS, HIPAA) so you can get records and make financial decisions. The hospital case manager or social worker can point you to the right form; ask for them by title.
- Call the health insurer within the first days. Ask two things: what’s covered, and does inpatient rehabilitation need pre-approval? Approval can take days, and it can delay a transfer.
- Keep a daily log — a few lines each day on your loved one’s condition, symptoms, and what staff reported. It helps you track progress, and later it becomes a factual record no memory can match.
Protecting the evidence — before it disappears
This section is legal and practical, not medical. It’s the part your family can act on.
If an accident or an attack caused the injury, a few simple steps protect your family’s rights. You don’t have to play investigator.
Save what you can:
- The crash or police report number
- Photos of the scene, the vehicles, or the property
- Names and phone numbers of any witnesses
- Notes on where cameras — traffic, doorbell, store, parking-garage — might have recorded what happened
If a truck was involved, move quickly. Federal rules let a motor carrier destroy a driver’s daily logs after just six months (49 C.F.R. §395.8(k)), and electronic truck data can be overwritten sooner. The company’s insurer and investigators are usually working the same day. Our truck accidents page explains what those records show.
Now the harder situation. Was your loved one attacked, robbed, shot, or assaulted on someone else’s property — an apartment complex, a parking garage, a hotel, a bar, a gas station, or a store? If broken locks, a dark parking lot, no cameras, or missing security guards played a role, the property owner may share responsibility. In plain language: a business that failed to take reasonable steps to keep people safe can sometimes be held accountable. Lawyers call this negligent security — but you don’t need the term to have a case. Write down the details — the broken gate, the burned-out light, the guard booth that was empty — because those facts fade fast. Our negligent security page walks through it.
One firm rule: don’t give a recorded statement to any insurance company, and don’t sign anything, before you understand your rights. Insurers may call within days. You can politely say, “I’m not ready to give a statement,” and hang up. Families are not expected to investigate alone.
The first weeks: recovery and the road ahead
The focus shifts from survival to recovery. Care usually moves through phases:
- ICU: stabilizing the brain and body.
- Acute care: the immediate crisis eases; healing begins.
- Rehabilitation: inpatient or outpatient therapy to rebuild skills.
You’ll meet neurologists, therapists, and — importantly — a hospital case manager. Ask the case manager about discharge planning and rehab options early. Strong inpatient-rehab beds fill up, and insurance approval takes time you don’t want to lose.
Questions to bring to the case manager
- Which rehab facilities do you recommend, and does our insurance cover them?
- Will my loved one qualify for inpatient rehab, or outpatient?
- What does the pre-approval process look like, and how long does it take?
- What happens if we’re told to discharge before we feel ready?
- Are there any deadlines for appealing an insurance denial?
Prepare for change. A severe TBI can affect memory, speech, mood, movement, and independence. Recovery timelines vary widely, and no one can honestly promise a specific result — that uncertainty is one of the hardest parts.
Care for the caregivers, too. Burnout is not weakness. Share duties, accept the casserole and the ride to the airport, and look into TBI caregiver support (the Brain Injury Association of America maintains a national resource line). Then begin quietly noting long-term needs — home modifications, ongoing therapy, lost income — and how they’ll be paid for.
The financial reality of a catastrophic brain injury
Severe brain injuries are expensive: surgery, months of rehab, sometimes lifelong care, and lost wages for both the patient and the family member who becomes a full-time caregiver.
Families usually draw on several sources:
- Health insurance for hospital and rehab costs
- Disability benefits for lost income
- A personal-injury claim when someone else caused the injury
Here’s the plain version of that last point. If a negligent driver, a trucking company, or an unsafe property owner caused the injury, your family may be able to recover money for medical bills, future care, and lost income. This is about understanding options — not a promise of any outcome.
To protect that option, keep every bill and write down how the injury changed daily life. The specific details carry the most weight: help with bathing, a spouse who quit a job to provide care, the wheelchair ramp that had to be built. See our catastrophic injury claims page for how these costs are documented.
When (and why) to talk to a catastrophic-injury attorney
You don’t have to decide about a lawsuit while your loved one is in the ICU. But an early, no-commitment call can protect evidence and deadlines before they lapse.
Consider talking to a lawyer when:
- Another driver or a trucking company was involved
- The injury happened on unsafe property (an attack, or a dangerous condition)
- An insurance company is pressuring your family to talk or settle
A catastrophic-injury attorney investigates what happened, deals with insurers, and works with life-care planners to project lifetime costs — so your family can focus on the bedside instead of the phone.
Two Florida rules matter here. First, there is a filing deadline called the statute of limitations. Under Fla. Stat. §95.11, most Florida negligence claims arising on or after March 24, 2023 must be filed within two years. Second, Florida uses a shared-fault rule: under Fla. Stat. §768.81, a person found more than 50% at fault for their own injury generally recovers nothing. Both are reasons to ask questions early rather than late.
Many personal-injury consultations are free, and our Florida-based attorneys handle serious-injury cases nationwide. The Florida Bar publishes free guides on choosing and working with a lawyer.
Quick-reference checklist — print or screenshot this
Right now – ☐ Stay close; get the lead doctor’s name and number. – ☐ Start a notebook of names, numbers, and updates. – ☐ Gather ID and insurance; confirm who can make medical decisions.
First few days – ☐ Pick a family point person and a record-keeper. – ☐ Start one folder for all records and bills. – ☐ Ask about durable power of attorney and HIPAA authorization. – ☐ Call the health insurer about coverage and rehab pre-approval. – ☐ Keep a daily log.
First weeks – ☐ Ask the case manager about rehab options and discharge planning. – ☐ Prepare for changes in memory, speech, and mood. – ☐ Share caregiving; accept help; find a support line. – ☐ Save all accident evidence; don’t sign or give recorded statements. – ☐ Consider a free legal consultation before deadlines run.
Bilingual resource pathways / Recursos – CDC TBI information — available in English and Spanish at cdc.gov. – Florida Bar consumer guides — floridabar.org. – Our traumatic brain injury guide (también en español), plus truck accidents and negligent security. – If the injury led to a death, our wrongful death page explains what families can do next.
You’re carrying a heavy load. When you’re ready, contact us for a free, no-pressure case evaluation — in English or Spanish — to understand your family’s options.

Frequently asked questions
What should I do first after a loved one’s brain injury?
Stay at the hospital, get the lead trauma doctor’s name as your single point of contact, and write down everything you’re told. Everything else can wait until tomorrow.
What questions should I ask the doctors after a brain injury?
Ask what part of the brain is affected, what the GCS score is, whether they’re monitoring intracranial pressure, and what the next 24 to 72 hours may look like. Bring a second person to take notes.
Who can make medical decisions if my loved one can’t?
Florida law (Fla. Stat. §765.401) lists an order of surrogates — usually the spouse, then adult children, then a parent. Ask the hospital case manager how a durable power of attorney or HIPAA form works.
Should I talk to the insurance company after the injury?
Don’t give a recorded statement or sign anything before you understand your rights. You can politely decline until you’ve spoken with someone on your side.
Should I hire a lawyer after a family member’s brain injury, and when?
Consider it early if another driver, a company, or an unsafe property owner was involved — truck logs can be destroyed in as little as six months. Early advice protects evidence and deadlines, and many consultations are free.
How long do I have to file a claim in Florida?
Under Fla. Stat. §95.11, most Florida negligence claims arising on or after March 24, 2023 must be filed within two years. Ask a lawyer about your specific deadline.
First Things First
Stay at the hospital. Get the lead trauma doctor's name as your single point of contact, and write down everything you're told. Almost everything else can wait until tomorrow.
Your First 72 Hours: A Checklist
1. Anchor to One Doctor
Identify the lead trauma physician and use them as your single point of contact. Keep a notebook and record names, times, and what each provider tells you.
2. Ask the Right Questions
Ask which part of the brain is affected, what the Glasgow Coma Scale (GCS) score is, and what the next 24–48 hours may look like. Write the answers down.
3. Preserve What Happened
If the injury came from a crash, a fall, an assault, or an unsafe property, note the location, witnesses, and any photos. Don't discard clothing, devices, or paperwork.
4. Protect Their Rights Early
Do not give recorded statements to any insurer and don't sign anything you don't understand. Speaking with a licensed attorney early helps preserve evidence and options.
Questions to Ask the Medical Team
What part of the brain is affected?
Different regions control movement, speech, memory, and behavior — this shapes what recovery may involve.
What is the GCS score?
The Glasgow Coma Scale helps measure the severity of the injury and track changes over time.
What happens in the next 24–48 hours?
Understanding the immediate plan — surgery, monitoring, medications — helps you make informed decisions.
What long-term care may be needed?
Rehabilitation, therapy, and in-home support are often part of a catastrophic brain injury. Ask early.
If the Injury Happened on Someone Else's Property
If your loved one was assaulted, shot, or attacked at an apartment complex, parking garage, hotel, or business that failed to provide reasonable security — working locks, lighting, cameras, or guards — the property owner may be responsible. In the law, this is called negligent security.
How CHG Personal Injury Lawyers Can Help
Focused on Catastrophic Injury
We concentrate on serious, life-altering harm — traumatic brain injuries, paralysis, amputations, severe burns, and wrongful death.
Support for the Whole Family
We understand that a TBI affects everyone. We handle the legal side so you can focus on your loved one.
Bilingual, Plain-Language Help
We explain your options clearly in English and Spanish — no legal jargon, no pressure.
Florida-Based, Nationwide Reach
Serving families in Miami, Orlando, Tampa, Jacksonville, and across the country.