Miami Brain Injury Lawyer

An Injury You Cannot See From the Outside

A broken bone shows up on an X-ray. A traumatic brain injury, or TBI, often does not. The person looks fine, sounds fine on a short phone call, and yet struggles with headaches, memory, concentration, mood, and sleep in ways only their family sees.

Insurance adjusters take advantage of that gap. They point to normal scans, early statements that you "felt okay," and gaps in treatment, and they offer a number that covers a few ER bills and nothing else. A brain injury claim done right looks very different: it documents how the injury actually changed your life, and what it will cost over the years ahead.

At Leyva Law, your case is handled directly by attorney Daniela Leyva, not passed to a call center. She builds the medical record, deals with the adjusters, and prepares every claim as if it will go to trial. You pay nothing unless we recover for you.

Brain Injury Symptoms Can Take Days to Appear

According to the CDC, symptoms of a traumatic brain injury, including a concussion, may not show up until days after the injury. Watch for headaches that will not quit, dizziness, nausea, blurry vision, trouble remembering or concentrating, irritability, anxiety, and changes in sleep.

That delay matters for your health and for your claim. See a doctor even if you felt fine at the scene, and report every symptom as it appears so it becomes part of your record. If your injury came from a car crash, Florida's no-fault law (section 627.736, Florida Statutes) generally requires treatment within 14 days for your Personal Injury Protection benefits to pay.

Car Crash Brain Injuries and Florida's No-Fault Threshold

PIP benefits are only a starting point, and they run out fast against the cost of a brain injury. Florida law lets you step outside the no-fault system and pursue the at-fault driver for the full harm, including pain and suffering, when your injury crosses the threshold in section 627.737(2), Florida Statutes: a significant and permanent loss of an important bodily function, a permanent injury within a reasonable degree of medical probability, significant and permanent scarring or disfigurement, or death.

Many brain injuries meet that threshold, but meeting it on paper takes the right proof: neurological evaluations, neuropsychological testing, imaging, and treating physicians who connect your symptoms to the crash. We build that record piece by piece so the insurance company cannot wave the injury away.

What a Brain Injury Claim Should Cover

The first offer after a brain injury almost never accounts for the future. A full claim should, including:

Medical care, now and later. Emergency treatment, neurology visits, cognitive rehabilitation, therapy, medication, and the care you are likely to need years from now.

Lost income and earning capacity. The paychecks you have already missed, and the difference if you cannot return to the same work, the same hours, or the same career.

A life care plan. For serious injuries, a detailed projection of lifetime care needs and costs, built with your treating doctors and qualified professionals, so the claim is measured against your future instead of your first hospital bill.

Pain and suffering. Where the law allows it, compensation for what the injury has taken from your daily life, your relationships, and your independence.

How Long You Have to File a Brain Injury Claim

For accidents after March 24, 2023, you generally have two years to file a negligence lawsuit (section 95.11(5)(a), Florida Statutes). Earlier accidents may fall under the older four-year deadline.

Delayed symptoms make early legal help more important, not less. The sooner the injury is documented and tied to the accident, the harder it is for the insurance company to blame something else. If your TBI came from a crash, our Miami car accident page covers those cases in more detail.

Brain Injury Cases We Handle in Miami-Dade

• Concussions and Mild TBI
• Post-Concussion Syndrome
• Car and Truck Accident Head Injuries
• Motorcycle Crash Brain Injuries
• Pedestrian and Bicycle Accidents
• Slip and Fall Head Trauma
• Construction Accident Brain Injuries
• Wrongful Death From Brain Trauma

Miami Brain Injury FAQ

Related: property insurance claims · all personal injury cases · meet the attorney. This page is general information, not legal advice, and does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.