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Traumatic Brain Injury Claims in Florida

A traumatic brain injury (TBI) isn't a separate type of lawsuit — it's a serious injury pursued within a negligence, auto, or premises claim. A permanent TBI typically meets Florida's auto serious-injury threshold to sue for pain and suffering, and ordinary (non-medical-malpractice) injury claims generally have no statutory cap on noneconomic damages.

By Find Local Law Editorial Team · Last reviewed: May 25, 2026

Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.

This is general information, not legal advice. Talk to a Florida attorney about your specific injury and claim.

A traumatic brain injury (TBI) is one of the most serious harms a person can suffer — but legally, it isn’t its own kind of lawsuit. It’s a severe injury type pursued within the underlying claim, whether that’s a car accident, a fall, or other negligence.

TBI and the serious-injury threshold

Because Florida is a no-fault auto state, a car-crash victim generally must meet the serious-injury threshold (Fla. Stat. § 627.737) to sue the at-fault driver for pain and suffering. A permanent brain injury typically satisfies that threshold — it’s a “significant and permanent loss of an important bodily function” or a permanent injury.

Damages

A TBI claim can include economic damages (medical care, future treatment, lost earning capacity) and noneconomic damages (pain, suffering, loss of the capacity to enjoy life).

On caps: the Florida Supreme Court held the statutory caps on noneconomic damages in medical-malpractice cases unconstitutional (North Broward Hospital District v. Kalitan, 2017). For ordinary, non-medical-malpractice injury claims, Florida generally has no statutory cap on noneconomic damages (a separate cap applies to punitive damages). The takeaway: don’t assume your pain-and-suffering recovery is capped, but confirm the specifics for your type of case.

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Frequently asked questions

Is there a separate 'TBI lawsuit' in Florida?
No. A traumatic brain injury is a serious injury type pursued within the underlying claim — a car accident, premises liability, or other negligence case — not a distinct cause of action.
Does a TBI let me sue after a car crash?
Often, yes. A permanent brain injury typically satisfies Florida's auto serious-injury threshold (Fla. Stat. § 627.737), allowing a claim for pain and suffering beyond what PIP covers.
Are there caps on pain-and-suffering damages in Florida?
For medical-malpractice cases, the Florida Supreme Court struck down the noneconomic caps (North Broward Hospital District v. Kalitan, 2017). Ordinary (non-med-mal) injury claims generally have no statutory cap on noneconomic damages, though a punitive-damages cap exists.

Sources

Related guides

  • Florida ATV Accident Claims ATVs are off-highway vehicles that generally can't be driven on public roads in Florida (Fla. Stat. § 316.2074), and operators under 16 must wear a helmet and eye protection. ATVs aren't covered by auto PIP, so injury claims proceed as ordinary negligence under the two-year deadline and modified comparative negligence.
  • Florida Bicycle Accident Claims In Florida, a bicyclist has the rights and duties of a vehicle operator (Fla. Stat. § 316.2065). Crash claims run on negligence and modified comparative fault, and a cyclist's own conduct can reduce or bar recovery. Riders under 16 must wear a helmet. The two-year deadline applies.
  • Florida Car Accident Claims Florida is a no-fault auto state: your own PIP (up to $10,000) pays your medical bills and lost wages regardless of fault. To sue the at-fault driver for pain and suffering, you must meet the serious-injury threshold (Fla. Stat. § 627.737). A two-year filing deadline and modified comparative negligence (51% bar) apply.
  • Florida Commercial Truck Accident Claims A commercial truck crash in Florida is still a Florida negligence claim — same two-year deadline and modified comparative negligence — but federal FMCSA safety regulations (hours of service, maintenance, driver qualification) layer on top, and there are often multiple defendants: the driver, the motor carrier, and sometimes others.
  • Florida Dog Bite Claims Florida imposes strict liability on dog owners for bites: the owner is liable regardless of the dog's prior viciousness or the owner's knowledge of it (Fla. Stat. § 767.04). The victim's own negligence reduces recovery, and a prominently displayed 'Bad Dog' sign can limit liability — but not against children under 6 or where the owner was negligent.
  • Florida Motorcycle Accident Claims Florida lets riders 21 and older ride without a helmet if they carry at least $10,000 in medical coverage; under-21 riders must wear one (Fla. Stat. § 316.211). Motorcycles are generally not covered by Florida's no-fault PIP, so riders typically pursue the at-fault driver directly. The two-year deadline and modified comparative negligence apply.

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