Clearwater Brain Injury Lawyer

Someone who has suffered a TBI may have a full recovery with no long-term consequences or suffer permanent disability and impairment. Most people recover from a concussion or mild TBI within three months. However, with a severe TBI, recovery can take months or years.

It’s a common misconception that recovery from a brain injury peaks at two years. Research has shown that TBI patients can still show improvements in function even after 10 years. 

It’s important to remember that your condition can improve slowly years after an accident. However, this isn’t true for everyone. 

Many people suffer long-term consequences of a TBI, such as:

• Permanent changes to personality, emotions, and behavior. 
• Physical impairment affecting strength, coordination, and balance.
• Cognitive impairments
• Locked-in syndrome
• Post-concussion syndrome (PCS)
• Coma or vegetative state
• Death

Sadly, there is no way to predict how you will respond to treatment or how a brain injury will affect you long-term.

How Common Are Brain Injuries?

Brain injuries are incredibly common. Every year, about 1.5 million TBIs in the U.S. cause 56,000 fatalities and 230,000 hospitalizations. Older adults and children are most at risk of suffering a TBI.

Nationwide, traumatic brain injury is the leading cause of injury-related death and disability.

In 2014 alone, there were 19,851 hospitalizations and 3,852 deaths related to TBIs in Florida. Men accounted for 73% of TBI deaths, with adults over 55 suffering the highest rate of fatal TBIs.  

What Causes Most Brain Injuries?

Any type of accident or attack can lead to a TBI. 

Most traumatic brain injuries are the result of:

• Motor vehicle accidents, such as car accidents, truck accidents, or motorcycle crashes
• Violence including gunshots
• Slip and fall accidents
• Sports-related injuries

Nearly 50% of TBI-related emergency room visits are the result of a slip and fall. Likewise, falls cause half of TBIs in children and 81% of brain injuries in seniors.

After falls, traffic accidents are the second major cause of TBI excluding violence. They are the leading cause of TBI-related death, ER visits, and hospitalization for people 15 to 34.

Violence is responsible for 12% of fatal TBIs. This includes aggravated assault, homicide, and self-inflicted gunshots. Suicide is the top cause of fatal traumatic brain injury.

According to one study, sports-related TBI is on the rise. Common causes of sports-related brain injuries are being kicked during football (38%) and sports-related falls (20%). Between 2010 and 2016, there were 283,000 ER visits for sports and recreation-related TBI in children. 45% of these injuries occurred in contact sports.

Football has by far the highest incidence of TBI among contact sports. It is not just children or amateur players at risk of a brain injury. The NFL faced a class action lawsuit for failing to protect players and hiding the risk of chronic traumatic encephalopathy (CTE). This degenerative brain disease is the result of repeated concussions or sub-concussive head injuries. It leads to gradually worsening symptoms and eventual death with symptoms that usually take years to develop.

CTE can only be diagnosed after death. A 2017 study on deceased football players’ brains found that 99% of the NFL players, 91% of college football players, and 21% of high school football players showed some stage of CTE.

What Damages Are Available to Brain Injury Victims?

Seeking compensation through a personal injury lawsuit allows you to recover financial damages for your economic and non-economic losses.

You may seek financial compensation for:

• Property damage
• Medical treatment, including current medical bills and anticipated long-term costs
• Lost wages
• Disability or reduced earning capacity
• Other financial damages, such as childcare, in-home health care, and home modifications

You can also seek compensation for your personal losses, including your pain and suffering, reduced quality of life, loss of consortium, and more. Our personal injury attorneys in Clearwater will help you fight to maximize your financial award. 

How Long Do I Have to File a Brain Injury Lawsuit in Florida?

You typically have either two years (for injuries sustained on or after 3/24/2023) or four years (for injuries sustained before that date) to file a traumatic brain injury lawsuit under Florida’s recently adjusted statute of limitations. The deadline for a wrongful death claim or medical malpractice case is also just two years. There are few exceptions to this deadline which may give you more or less time to file a lawsuit. Contact a lawyer to determine the appropriate deadline for your case.

Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers has recovered hundreds of millions on behalf of our injured clients. We are the first personal injury firm in Clearwater and the greater Tampa Bay area. 

Brain Injury Claim FAQs

What must I prove to win a brain injury claim?

You need to establish:

• Negligence: the defendant owed a duty of care and breached it.
• Causation: their breach directly caused your brain injury.
• Damages: you suffered measurable losses.

Often, medical evidence, expert testimony, accident reports, imaging (CT/MRI), and witness statements are essential.

What role does insurance play in this?

Florida is a no-fault auto insurance state: you first claim against your own PIP coverage for economic damages.

If injuries are “serious,” you can step outside no-fault and sue the at-fault driver for non-economic damages.

Insurance companies often dispute claims; having legal counsel early helps counter their tactics.

What should I do immediately after injury?

1. Seek medical attention—even first responders may not catch a brain injury right away.
2. Document everything, like create a symptom diary, save medical records, take photos, preserve evidence, and gather contact info from witnesses.
3. Notify insurers, but don’t engage in detailed discussions before speaking with an attorney.
4. Contact a Clearwater-based brain injury attorney promptly to preserve your rights.

What common challenges might arise?

• Delayed or subtle symptoms can complicate linking your injury to the accident.
• Insurers may dispute severity or fault, so strong expert-backed evidence is crucial.
• Florida uses modified comparative negligence. Therefore, if you're over 50% at fault, you recover nothing; otherwise, your award is reduced proportionally.
• Proving long-term impact. Brain injuries often need lifelong care—calculating future costs and earning losses takes specialized testimony.

Can family members recover damages?

Yes. If you’re unable to act for yourself, a family member (like a spouse or guardian) may file on your behalf. Additionally, loss-of-consortium claims allow family members to recover for emotional and relational losses.

How long does a brain injury claim typically take?

It depends:

• Settlements can take a few months to a couple of years, especially when waiting for “Maximum Medical Improvement” (MMI) to assess long-term impact.
• If unresolved, lawsuits go to trial, further stretching the timeline.

While a quick settlement can seem attractive, it often undervalues your case—waiting for MMI can significantly increase compensation.

Do I need a lawyer? What does one do?

Yes—brain injury cases are complex due to medical and legal intricacies. A skilled Clearwater attorney can:

• Gather evidence (medical records, experts, accident reconstruction).
• Negotiate aggressively with insurers.
• File legal documents and keep track of deadlines.
• Evaluate both current and future impacts (e.g., future care needs, lost earning capacity).
• Many work on a contingency basis (“no recovery, no fee”).

How Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers Can Help You Seek Compensation for a TBI in Clearwater

You may have the right to compensation for your brain injury, but insurance companies will fight you every step of the way. They might even try to say that you’re to blame. In order to set yourself up for a successful outcome, you need to level the playing field. That’s why the best thing you can do is hire our Clearwater personal injury attorneys to represent you.

Since 1955, Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers has recovered hundreds of millions on behalf of our clients. We’ve tried cases before the Florida Supreme Court and we have recovered some of Florida’s largest jury verdicts. Our lawyers have earned prestigious designations such as the highest Martindale-Hubbell AV rating.

When our award-winning team is in your corner, you can expect us to:

• Provide the support and guidance you need to get through this challenging time
• Handle all aspects of your legal case from start to finish
• Investigate the circumstances surrounding your accident
• Determine who’s responsible – and financially on the hook – for your injury
• Aggressively pursue maximum compensation from all liable parties – particularly insurance providers, hospitals, corporations, and any other defendants with deep pockets
• Work closely with leading brain injury experts on the Gulf Coast to ensure we value your case properly
• Negotiate fair terms for a settlement or litigate your case at trial, if necessary.

Financial compensation can’t erase the harm you have suffered or its long-term impact, but it can protect your financial future and quality of life. Contact our law firm, with offices conveniently located in Pinellas County, to schedule a free case review to discuss how we can help you.

Call (727) 591-3354 or contact us online today to get started with a free consultation.