How Much Is a Head Injury Claim Worth in Florida?

Steven A. Bagen | January 18, 2023 | Personal Injury

A head injury claim in Florida could be valued from tens of thousands to, in the most serious cases, several million dollars. The final amount is a based on every tangible and intangible loss you will endure for the rest of your life because of the injury. 

For a mild concussion with a full recovery, the value might primarily cover your emergency room visit and a few weeks of lost wages. For a traumatic brain injury (TBI) that permanently alters your personality, memory, or ability to work, the value must account for a lifetime of medical care, lost earning capacity, and profound changes to your quality of life.

The challenge is that head injuries are masters of deception. The initial diagnosis might seem minor, but the true consequences—cognitive struggles, emotional distress, chronic pain—can surface weeks or months later, rewriting every aspect of your life. 

Proving this full, devastating impact is the key to securing a fair valuation. We have to show the cost of therapies you haven’t started yet, the wages you will never earn, and the personal joys that have been diminished or erased. 

You are not meant to figure this out while you are hurting. Your focus should be on recovery; building the case is our work. If you have questions about the value of your specific injury, call Steven A. Bagen & Associates, P.A. for a free consultation at (800) 800-2575.

Why Is There No Simple “Average” Settlement Amount?

People search for an “average” settlement value because they want a sense of certainty in a deeply uncertain time. The reality, however, is that no two head injuries are alike, and therefore no two claims are alike. Using an average would be like asking for the average cost of a house in Florida; the price of a condo in Jacksonville has little to do with an oceanfront estate in Naples.

Your claim’s value is a story that must be told—the story of your life before the injury versus your life after. The final figure is a combination of two distinct categories of damages: economic and non-economic damages.

1. Economic Damages: These are the concrete, calculable financial losses stemming from the injury. Think of these as the foundation of your claim—the black-and-white numbers that can be added up with receipts, bills, and pay stubs.
2. Non-Economic Damages: These are the profound, personal losses that have no direct price tag. This includes your pain, suffering, emotional distress, and loss of enjoyment in life. This is often the largest and most contested part of a head injury claim.

An insurance adjuster’s first offer is almost always based on an incomplete version of this story. They see a pile of medical bills and maybe a few weeks of missed work. They don’t see the chronic headaches that flare up on cold mornings, the frustrating search for the right word that used to come so easily, or the new-found anxiety in crowded spaces. Our job is to fill in those missing chapters.

What Specific Costs Get Factored into My Claim?

Medical Expenses—Past, Present, and Future

This should cover the entire universe of medical care you need.

• Emergency Care: Ambulance rides, emergency room treatment, and initial diagnostic imaging (CT scans, MRIs).
• Hospitalization: Surgical procedures, ICU stays, and associated hospital fees.
• Rehabilitation: Inpatient or outpatient therapies, including physical therapy for balance, occupational therapy for daily tasks, and speech therapy for communication.
• Ongoing Medical Needs: Future surgeries, prescription medications for pain or seizures, and necessary medical equipment like a wheelchair or home modifications.
• Specialist Consultations: Appointments with neurologists, neuropsychologists, physiatrists, and other specialists who manage long-term recovery.
• Cognitive and Psychological Therapy: Treatment for the unseen injuries, such as memory problems, attention deficits, depression, anxiety, or PTSD.

Lost Income and Earning Capacity

This category covers the money you have lost and, more importantly, the money you will be unable to earn in the future.

• Lost Wages: The income you lost while out of work recovering. This is straightforward to calculate from your pay stubs.
• Loss of Earning Capacity: If your injury prevents you from returning to your old job, or forces you into a lower-paying role, you can claim the difference in income over your expected working life. Proving this requires testimony from a vocational expert who can assess your skills and the job market.

Out-of-Pocket Expenses

These are all the other costs you incur because of the injury. They may seem small individually, but they add up.

• Travel costs to and from medical appointments.
• Hiring help for household chores, childcare, or lawn maintenance you can no longer do.
• Modifications to your home or vehicle to accommodate a disability.

How Is Pain and Suffering Valued?

This is where your story truly matters. How do you put a number on constant pain or the loss of a treasured hobby? Since there is no objective measure, this is where the skill of your legal team becomes paramount. We paint a picture for an insurance company or a jury of what your life is truly like now.

We demonstrate this through:

• Your Personal Testimony: Detailed accounts of your daily struggles.
• Testimony from Family and Friends: Statements from loved ones about the changes they’ve witnessed in your personality, mood, and abilities.
• Expert Opinions: A neuropsychologist can explain the emotional and cognitive toll of the injury, such as heightened irritability, depression, or an inability to concentrate.
• “Day-in-the-Life” Videos: A short documentary that shows your daily challenges—struggling to get dressed, preparing a simple meal, or interacting with your children.

Insurance companies sometimes use a “multiplier” method as a starting point. They might take the total economic damages and multiply them by a number between 1.5 and 5, with the multiplier increasing based on the severity and permanence of the injury. 

What Florida Laws Directly Impact My Head Injury Claim?

The Two-Year Statute of Limitations

The most important deadline is the statute of limitations. For most personal injury claims based on negligence in Florida, you now have just two years from the date of the accident to file a lawsuit. This is a recent change from the previous four-year deadline. If you miss this deadline, the court will almost certainly refuse to hear your case, and you will lose your right to recover any compensation, no matter how severe your injury is. This short timeframe makes it imperative to speak with an attorney as soon as possible.

Florida’s Modified Comparative Negligence Rule

What happens if you are partially at fault for the accident that caused your injury? Florida law has a strict answer. Under the state’s modified comparative negligence system, you can only recover damages if you are found to be 50% or less at fault for the accident.

Here’s what that means in simple terms:

• If your damages are $200,000 and you are found 10% at fault, your recovery is reduced by 10% to $180,000.
• However, if you are found 51% or more at fault, you are barred from recovering anything.

Because of this 51% bar, insurance companies have a strong incentive to shift as much blame as possible onto you. They may take your words out of context or use a pre-existing condition to argue you were at fault to reduce or eliminate their payout.

The No-Fault System for Auto Accidents

If your head injury happened in a car accident, your first step is dictated by Florida’s “no-fault” law. All drivers are required to carry Personal Injury Protection (PIP) insurance. Your own PIP policy is your first source of recovery for medical bills and lost wages, regardless of who caused the crash.

PIP provides up to $10,000 in benefits. This may seem helpful, but it’s often a drop in the bucket for a serious head injury and comes with restrictions. It typically covers only 80% of your medical bills and 60% of your lost wages. For a serious TBI, you will burn through this limit almost immediately. To get compensation beyond your PIP coverage, you must file a claim against the at-fault driver. You are only allowed to do this if your injury meets a legal threshold, such as being a permanent injury or causing significant and permanent scarring or loss of a bodily function—a threshold a serious head injury almost always meets.

What Evidence Turns a Claim into a Compelling Case?

A strong claim is built block by block with irrefutable evidence. Each piece helps tell your story and justifies the full value you are seeking.

• Comprehensive Medical Records: This goes beyond the first ER report. We gather records from every doctor, therapist, and specialist you see to create a seamless medical narrative of your injury and treatment.
• Diagnostic Imaging: MRIs and CT scans that show physical damage to the brain are powerful evidence.
• Neuropsychological Evaluation: This is a critical assessment that documents the cognitive and emotional impact of the injury. It provides objective data on deficits in memory, problem-solving, and emotional regulation.
• Life Care Plan: For catastrophic injuries, a life care planner creates a detailed report outlining every anticipated medical and non-medical need for the rest of your life, from medications and therapies to in-home care and special equipment. This report puts a hard number on your future costs.
• Vocational Expert Report: As mentioned earlier, this expert assesses how the injury has affected your ability to work and calculates the lifetime value of your lost earnings.
• Photographs and Video: Photos of the accident scene, your injuries, and even “day-in-the-life” videos can be incredibly persuasive.
• Witness Statements: Testimony from people who saw the accident or who can speak to the changes in you since the injury provides a crucial third-party perspective.

Your Story Deserves to Be Heard in Full

The value of your head injury claim is the sum total of your new reality—every doctor’s visit, every lost paycheck, every moment of frustration, and every plan for the future that has been stolen from you. The legal process forces an insurance company to see and acknowledge that full story, not just the sanitized, incomplete version they want to pay for.

At Steven A. Bagen & Associates, P.A., we have years of experience building these cases. We handle the evidence, the experts, and the aggressive negotiations so you can focus on the one thing that truly matters: your health and your family. Don’t let a fast, lowball offer define your future. Let us tell your story.

Call us today at (800) 800-2575 for a free, no-obligation consultation.

FAQ for Head Injury Claims

What if my symptoms didn’t appear right away?

This is very common with head injuries, especially concussions. You may feel “fine” at the scene but develop headaches, dizziness, or cognitive fog days or weeks later. Seek medical attention as soon as any symptom appears and to report it to your doctor. The delay does not ruin your claim, but it’s important to have a medical professional link the late-appearing symptoms to the initial trauma.

The insurance company already offered me a settlement. Should I take it?

You should be extremely cautious about accepting an early settlement offer. Insurance adjusters are trained to resolve claims for the lowest amount possible. An early offer, especially before your medical condition has fully stabilized, is almost certainly a lowball offer. Once you accept it, you risk signing away your rights before you know the full extent of your injuries and future needs. Never accept an offer without having an experienced attorney review it first.

How long does it take to settle a head injury case?

The timeline varies widely. A claim for a minor concussion might resolve in a few months. A complex TBI case involving permanent disability could take a year or more to resolve, particularly if a lawsuit is necessary. Rushing to a settlement is one of the biggest mistakes you can make. The case should not be settled until you have reached what doctors call “Maximum Medical Improvement” (MMI), the point where your condition is not expected to improve further. This ensures that any settlement accounts for all future consequences.

Can I still file a claim if I had a pre-existing head injury?

Yes. In Florida, if an accident aggravates a pre-existing condition, the at-fault party is responsible for the new harm they caused. For example, if you had a history of migraines and the accident made them significantly more frequent and severe, you can be compensated for that worsening of your condition. This can make the case more complex, as the insurance company will try to blame everything on your prior injury, but it does not bar your claim.

What if my loved one died from their head injury?

If a head injury tragically leads to a person’s death, their surviving family members may be able to file a wrongful death claim. This is a different type of legal action that seeks compensation for the family’s losses, such as the loss of financial support, companionship, and mental pain and suffering. In Florida, the statute of limitations for a wrongful death claim is also two years from the date of death.