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A broken leg shows up on an X-ray. A traumatic brain injury often does not, and insurance companies use that silence against you. They treat a scan that looks normal as proof you are fine, even as you struggle to focus, sleep, or feel like yourself.
If you or a loved one suffered a brain injury in Sarasota, a brain injury attorney in Sarasota at Legler, Murphy & Battaglia, PLLC can prove an injury that does not show on a picture and pursue full payment for it. We have represented injured people across Southwest Florida since 1989.
Your symptoms are real, even when a report says the scan is clean. Our job is to make the proof match your reality. Free case review: 941-366-3782.
Not sure where your injury leaves you?
Call our office at 941-366-3782 for a free case evaluation.
Key Takeaways
- A TBI is damage to the brain caused by a blow, jolt, or violent head movement — symptoms can surface hours or days after the incident.
- Many TBIs do not appear on a standard CT scan, yet they disrupt memory, concentration, mood, and sleep.
- Proving a brain injury requires neuropsychological testing, advanced imaging, treating-provider opinions, and personal accounts — not just one clean report.
- The filing deadline is two years from the date of injury under Florida Statute 95.11.
What Is a Traumatic Brain Injury?
A traumatic brain injury, or TBI, is damage to the brain caused by a blow, jolt, or violent movement of the head. It ranges from a concussion to a life-altering injury, and even the milder end can have lasting effects.
The Centers for Disease Control and Prevention describes a TBI as the result of a bump, blow, or jolt to the head, or a hit to the body that makes the head and brain move rapidly. That movement triggers chemical and cellular changes the eye cannot see. Car crashes, falls, bicycle and pedestrian collisions, and blows to the head are common causes, and the symptoms can surface hours or days later.
Why Do Brain Injuries Get Disputed So Often?
Because they are frequently invisible on standard imaging, and insurers lean hard on that. A normal CT scan does not mean the brain is undamaged, but an adjuster will treat it that way.
Many TBIs, especially concussions and mild TBIs, do not appear on a routine scan, yet they still disrupt memory, concentration, mood, and sleep. Insurers exploit the gap between how you feel and what a picture shows, arguing the injury is exaggerated or unrelated. Overcoming that takes the right evidence, from specialized testing to accounts from people who knew you before and after. Building that record is the heart of a brain injury case.
Told your scan looks fine but you know it is not? Call 941-366-3782.
How Do You Prove a Brain Injury That Does Not Show on a Scan?
With a fuller record than a single image. We assemble medical, testing, and personal evidence that together show the injury and its effect on your life.
That can include neuropsychological testing that measures memory and processing, advanced imaging beyond a basic scan, treating-provider opinions, and statements from family, coworkers, or teachers describing the change in you. Together, this paints a picture no adjuster can wave off with one clean report. Many brain injuries follow a serious wreck, and our Sarasota car accident attorneys frequently see TBIs come out of those crashes.
What Is a Sarasota Brain Injury Claim Worth?
It depends on the severity and the lifelong effect, so no honest figure exists up front. Brain injuries, though, are among the most costly injuries there are.
A serious TBI can require ongoing therapy, medication, and care, and it can limit or end a person’s ability to work. A fair claim accounts for past and future medical costs, lost earning ability, the cost of help at home, and the deep personal toll on the injured person and the family. Because future needs drive so much of the value, we work with medical and life-care experts before settling, so the claim reflects a lifetime, not just the hospital bill.
How Long Do You Have to File a Brain Injury Claim in Florida?
Generally two years from the date of the injury. Florida Statute 95.11 sets a two-year deadline for negligence claims, and missing it usually ends the case.
Brain injuries complicate the timeline, because symptoms and the full diagnosis can take time to emerge. That is one more reason to involve a lawyer early, so evidence is preserved while the medical picture develops. If a brain injury proves fatal, the family should contact our Sarasota wrongful death attorneys promptly.
Filing deadlines can change and narrow exceptions exist. Confirm your date with an attorney.
What If You Were Partly at Fault for the Accident?
You can still recover, as long as you were not mostly to blame. Florida reduces a claim by your share of fault rather than eliminating it.
Under Florida Statute 768.81, recovery is barred only when a person is more than half responsible. In brain injury cases, insurers sometimes combine a fault argument with their doubt about the injury itself, trying to shrink the claim from two directions. We push back on both with evidence.
What a Sarasota Brain Injury Lawyer Does for You
We prove the injury, value it honestly, and press for a result that covers a lifetime, at trial if needed. From the start we treat the case as one a jury may decide.
That means bringing in the right medical and testing experts, documenting how the injury changed your daily life, identifying every source of coverage, and litigating when an insurer refuses to acknowledge a serious injury. For injury claims of every kind locally, our Sarasota personal injury attorneys can help.
You pay nothing up front. You don’t pay until and unless we win your case.
Ready to be believed? Call 941-366-3782.
What Are the Warning Signs of a Brain Injury?
The signs are easy to miss at first, which is part of why these injuries get overlooked. Knowing them helps you get care and protect a claim.
Common signs include headaches that will not quit, trouble concentrating or remembering, dizziness or balance problems, sensitivity to light and noise, changes in mood or sleep, and a lingering mental fog. After any blow to the head, these can appear right away or build over several days. If they surface after an accident, see a doctor and write down what you notice, because your own record of symptoms can matter later.
What Should You Do If You Suspect a Brain Injury After an Accident?
See a doctor promptly and keep every record. Early care improves recovery and creates the documentation a claim depends on.
Tell the provider about the accident and every symptom, even ones that seem unrelated, and follow through on referrals to specialists. Keep a simple daily log of how you feel and what you cannot do, and ask family to note changes they see. Do not give the insurer a recorded statement about your condition before you understand it, and talk with a lawyer who can arrange the right medical evaluations.
Frequently Asked Questions
Possibly, yes. Many brain injuries, especially concussions, do not appear on a standard CT scan, yet they cause real symptoms. We use specialized testing and other evidence to establish the injury. A normal scan is not the end of the inquiry.
Yes. Brain injury symptoms often emerge hours or days later, including headaches, memory trouble, and mood changes. See a doctor as soon as they appear and keep the records. A short delay does not defeat your claim.
A close family member or legal representative can generally pursue a claim on behalf of someone who cannot act for themselves. We help families set up the right authority so the claim can move forward and future care is protected.
Yes. Even a concussion can affect memory, focus, and stamina enough to disrupt a job, sometimes for months. A claim can account for lost income and reduced earning ability when that happens.
Nothing up front. We work on a contingency fee, so our fee comes from the recovery only if we win, and the first case review is free.
Talk to a Sarasota Brain Injury Attorney Today
A clean scan is not the same as a healthy brain, and you should not have to prove you are hurt to an adjuster who has already decided you are not. Let us build the case that shows the truth. Legler, Murphy & Battaglia, PLLC has stood up for injured people in Sarasota and across Southwest Florida since 1989, and your first case review is free.
All Injuries. All The Time.
Call 941-366-3782 now, or reach out online to get started.
