A traumatic brain injury (TBI) can dramatically alter your life. You might expect your insurance company to help you cover the cost of treatment, but the reality is often far more complicated. Many individuals face delays, denials, and constant pressure to prove the legitimacy of their injuries—while still trying to recover.
Insurance adjusters assess your case through a financial lens, not a medical one. Their job is to minimize what they pay out. If you’re struggling to secure the support you expected, you’re not alone. In Fort Lauderdale, many TBI survivors find themselves navigating a claims process that feels designed to wear them down.
At Englander Peebles, we help individuals across South Florida advocate for fair treatment after a brain injury. If an insurer has failed to take your injuries seriously, it may be time to speak with a Fort Lauderdale traumatic brain injury attorney.
Why Insurance Companies Push Back on TBI Claims
TBI claims are expensive. Between diagnostic scans, rehabilitation, and long-term care, payouts can reach hundreds of thousands of dollars. Because of this, insurers often become combative. Adjusters may begin by questioning whether your symptoms are real or related to the injury at all. Even with clear diagnoses, they frequently demand layers of medical documentation, often beyond necessary. In some cases, they argue your symptoms predate the incident that caused the TBI.
It doesn’t stop there. Insurance companies have been known to use surveillance or monitor your social media activity to find anything that might cast doubt on your claim. A vacation photo or a moment of laughter—even if it occurred during a rare good day—can be misrepresented as evidence that you’re not seriously injured.
Insurance companies are not in the business of healing. They’re businesses with one goal: to protect their bottom line. That reality leaves people with traumatic brain injuries stuck in a system designed to devalue their experience and limit what they recover.
How Long TBI Insurance Claims Typically Take
Timelines vary, but most traumatic brain injury claims move through several phases. First comes the initial claim filing and documentation, which can take several weeks depending on how quickly you receive medical records. Then, the insurance company reviews your claim, often requesting additional information or setting up an independent medical exam. This phase can take another month or more.
If your claim is approved and a fair offer is made, settlement may follow relatively quickly. But if the insurer pushes back—or your injuries require long-term observation—negotiations could take months. In cases where the insurance company refuses to cooperate or acts in bad faith, a lawsuit may extend the timeline significantly.
On average, uncomplicated claims may resolve in three to six months, while complex or contested claims can stretch well beyond a year.
Insurance Company Tactics That Undermine Brain Injury Claims
When you’re already dealing with the mental, physical, and financial impact of a traumatic brain injury, the last thing you need is an insurance company using tactics designed to wear you down. From the moment you submit your claim, insurers often begin working to minimize what they pay—not to fully understand what you’ve gone through.
One common tactic is the early settlement offer. Insurers often reach out with a low initial offer before your symptoms have been fully diagnosed or evaluated. This strategy plays on your financial stress, pushing you to accept less than you deserve.
Delays are another frequent tool. Insurance companies may drag their feet with requests for additional forms, repeated documentation, or unnecessary follow-ups. The goal is simple: to wear you down until settling seems easier than continuing to fight.
They may also argue that your symptoms existed before the accident, blaming current issues on past medical conditions. This tactic shifts responsibility and attempts to lower their financial liability.
Finally, insurers often send claimants to repeated independent medical exams (IMEs). These doctors may appear objective, but many are selected and paid by the insurance company—raising questions about whose interests they serve.
If this sounds familiar, you’re not imagining it. These strategies are routine, calculated, and designed to undercut legitimate claims. But you’re not powerless—and knowing how these tactics work is the first step toward countering them effectively.. These are routine tactics. But there are ways to push back.
Florida Laws That Impact Traumatic Brain Injury Claims
Florida now follows a modified comparative negligence standard. You may recover compensation if you are 50% or less at fault for the incident. If your share of fault exceeds 50%, you may be barred from recovering damages—except in medical malpractice cases, which follow a different rule.
Florida law sets time limits for when personal injury claims must be filed and defines how damages can be pursued in brain injury cases. For most traumatic brain injury claims arising from negligence after March 24, 2023, the statute of limitations is two years from the date of injury. Injuries that occurred before that date may still fall under the prior four-year deadline.
Additionally, medical malpractice claims and those involving government entities follow separate and often shorter deadlines. The statute of limitations may be tolled in some cases, such as when the injured person is a minor or legally incapacitated. Failing to meet these deadlines may result in permanently losing your right to file a claim.
Proving a TBI to Insurers in Fort Lauderdale
Insurance companies want proof—not just of your injury, but of how it affects your life. Traumatic brain injuries are notoriously difficult to prove because they don’t always show up on traditional scans, and many symptoms can be subjective. But just because they’re harder to see doesn’t make them any less real or damaging.
Immediate Medical Treatment
Don’t skip the ER, urgent care, or primary doctor. Documentation from the earliest moments after your injury shows that you took the injury seriously from day one.
Neurologist and Specialist Evaluations
Insurance companies look for objective proof. Evaluations from neurologists, neuropsychologists, or imaging like MRIs and CT scans help support your claim.
Daily Symptom Journals
Keeping a written or digital journal of symptoms such as headaches, dizziness, or memory issues helps document how the TBI affects your daily life.
Statements from Family or Coworkers
Others often notice the changes you might not. Testimony from people close to you can help show how the injury has changed your mood, speech, or ability to function.
The insurance company won’t take your word for it. Every piece of documentation builds your credibility.
Long-Term Costs of Traumatic Brain Injuries in Fort Lauderdale and Miami
Many people don’t realize how wide-reaching the effects of a traumatic brain injury can be until they’re living it every day. It’s not just about the medical treatment you’ve already received—it’s the long-term disruption to your work, family life, independence, and emotional well-being. These impacts come with real financial consequences.
Here’s what a settlement or award might account for:
- Lost income or reduced earning capacity
- Long-term rehabilitation (physical, speech, occupational therapy)
- Home modifications or assistive technology
- Medication and mental health treatment
- Transportation to medical appointments
- Pain, suffering, and emotional distress
These costs add up quickly. If you’re based in South Florida, particularly in Fort Lauderdale or Miami, consider speaking with a traumatic brain injury lawyer who understands how local insurers operate and what courts expect in these cases. The more detailed your documentation, the better chance you have at securing meaningful compensation.
What to Do If Your Fort Lauderdale TBI Claim Is Denied
A denied or delayed insurance claim doesn’t mean you’re out of options. Start by asking for a written explanation—this gives you insight into why the insurer pushed back and helps you determine your next move. Most policies include an internal appeals process, which allows you to challenge the decision directly with the company.
If that doesn’t resolve the issue, speaking with a brain injury attorney can change the dynamic. Insurers often respond more quickly and more carefully when they know someone with legal experience is involved. If the insurer has acted in bad faith—by delaying a legitimate claim, misrepresenting coverage, or undervaluing your injuries—you may have grounds to pursue a bad faith insurance claim.
Florida law requires that you give the insurer written notice and a 60-day opportunity to cure the alleged violation—through what’s known as a Civil Remedy Notice—before you can proceed with a bad faith lawsuit. This procedural step is mandatory before filing a bad faith suit under Florida’s insurance code.
The bottom line: you don’t have to accept a denial as the final word. There are ways to push back and demand accountability.
When to Call a Fort Lauderdale or Miami Brain Injury Attorney
You should reach out to a traumatic brain injury attorney if your symptoms interfere with your ability to work or manage daily life. Legal support becomes especially important when your claim has been denied or delayed, the insurance company’s offer doesn’t come close to covering your losses, or you feel overwhelmed by the claims process. If you suspect the insurer is acting in bad faith—such as stalling deliberately or misrepresenting policy terms—legal intervention may be necessary.
If you live in Fort Lauderdale, Miami, or anywhere in South Florida, working with a local attorney familiar with regional courts and insurers can make a meaningful difference in your case. Filing a claim on your own can feel like going up against a wall. With a Fort Lauderdale or Miami traumatic brain injury attorney on your side, you gain someone who can advocate for your rights, organize evidence, and take pressure off your shoulders.
How Caregivers Support Brain Injury Insurance Claims
If you’re caring for someone with a traumatic brain injury, you’re more than emotional support—you’re a critical part of the claims process. Insurance companies rely heavily on documentation, and caregivers often have the best insights into the injured person’s daily challenges.
You can help by keeping symptom journals, organizing medical records, scheduling appointments, and speaking with doctors. Statements from caregivers carry weight, especially when describing cognitive, emotional, or behavioral changes. You may also act as the liaison with the attorney handling the case. In more severe cases, you might hold medical or legal power of attorney, giving you the authority to act on your loved one’s behalf.
The claims process is stressful and time-consuming. When a TBI limits the injured person’s ability to advocate for themselves, your involvement can directly impact the outcome.
FAQ for Fighting the Insurance Company After a TBI
How long do I have to file a brain injury lawsuit in Florida?
As of March 24, 2023, most negligence-based traumatic brain injury claims in Florida must be filed within two years from the date of injury. If the injury occurred before that date, a four-year statute of limitations may still apply. Cases involving government entities, minors, or incapacitated individuals may follow different rules.
Can I still get compensation if I was partially at fault?
Florida follows a modified comparative negligence rule. You may recover compensation only if you are 50% or less at fault. If your share of fault exceeds 50%, you are barred from recovery—except in medical malpractice claims.
What if my TBI symptoms didn’t appear right away?
That’s common. Some symptoms take days or weeks. Delayed symptoms don’t disqualify you, but they do make documentation even more important.
What does a brain injury settlement typically include?
Compensation often includes medical expenses, lost income, rehab costs, and pain and suffering. Every case is different.
Can I sue my own insurance company?
Yes, especially in cases involving uninsured/underinsured motorist claims or bad faith. Florida law allows lawsuits against your own insurer when warranted.
Is there help available for dealing with insurance stress after a TBI?
Mental health counselors and legal advocates often work together. Many brain injury support groups also offer resources. Brain Injury Association of America has additional information and support resources.
How do I file a bad faith insurance claim in Florida?
Before you can sue an insurance company for acting in bad faith, Florida law requires that you file a Civil Remedy Notice with the Department of Financial Services. This gives the insurer 60 days to resolve the issue. If they fail to act, you may have grounds for a lawsuit under Florida’s insurance code.
What if the insurance adjuster keeps asking for more paperwork?
You have the right to ask why each document is necessary. If requests feel excessive or irrelevant, the insurer may be trying to delay your claim. A brain injury attorney can help push back.
Do I need an attorney even if I’m not filing a lawsuit?
Yes. Legal guidance can be valuable during the claim stage—not just in court. An attorney helps with paperwork, deadlines, and negotiation, making it harder for insurers to take advantage.
What happens if the at-fault party has no insurance?
You might still have options through your uninsured or underinsured motorist coverage. These claims can be just as contested, and your own insurer may still resist paying.
Can insurance companies use my social media against me?
They often do. Insurance investigators review your posts, photos, and tags to find anything that contradicts your injury claims. Avoid posting about physical activities or your condition during the claims process.
Demand Fair Compensation for Your Brain Injury Claim
You didn’t ask for this injury, and you shouldn’t have to beg for the support your policy promises.
If an insurance company is standing between you and the care you need, it’s time to stop waiting and start acting. Every delay, denial, or lowball offer is a reminder of what’s at stake: your health, your financial stability, and your future.
At Englander Peebles, we hold insurance companies accountable when they try to undervalue or deny legitimate brain injury claims. If you’re in Fort Lauderdale, Miami, or anywhere in South Florida, we’re here to help you take the next step with confidence.
Call (954) 500-4878 for a free case evaluation. We’ll review your situation, explain your legal options, and discuss how we may help protect your rights and pursue the compensation you’re entitled to.