Florida accident guide

Concussion and head injuries after a Florida car accident: signs, records and claims

Written by Dolina Lascaze, Esq., a former prosecutor with about 19 years on the insurance and defense side. Updated October 5, 2026.

Key takeaways

A concussion can happen without a blow to the head or a loss of consciousness.
Symptoms may be delayed, and routine scans can look normal.
Early medical records and family observations can help prove the injury.
PIP treatment generally must begin within 14 days of the crash.
Be honest about prior history and tell every provider about every symptom.

The short answer

A concussion is a real injury even when the scan is normal and even when you never lost consciousness. If you were in a Florida car accident and have headaches, dizziness, confusion or other symptoms, get evaluated promptly, follow your doctor's advice and keep careful records. Those records, along with what your family notices, are often the strongest evidence of the injury.

This guide explains how head injuries happen in crashes, the symptoms to watch, why documentation matters so much, what Florida law says about PIP and the injury threshold, how insurers tend to respond, and when to speak with a Florida personal injury lawyer. This article is general information, not medical or legal advice.

Head injuries in car accidents

A head injury can happen when your head hits the steering wheel or window, but also when your brain moves inside the skull because of sudden force. That is why a person can have a concussion even without hitting anything.

Whiplash style motion, airbag deployment and side impacts can all cause the head to move violently. Many people with concussions also have neck injuries, so the two often appear together. Our guide on whiplash after a car accident covers the neck side of the picture.

Signs to watch for

Headache or pressure in the head
Dizziness or balance problems
Confusion, memory trouble or trouble concentrating
Nausea or sensitivity to light or noise
Trouble sleeping or sleeping much more than usual
Mood changes, irritability or anxiety

Call 911 or go to an emergency room if there is loss of consciousness, repeated vomiting, seizures, worsening headache, or confusion that is getting worse. This article is general information, not medical advice.

Symptoms can show up later

Symptoms may not appear at the scene. Some people feel fine for hours or days, then notice headaches, fatigue or trouble focusing at work. Do not assume that feeling fine at the scene means you are uninjured. A prompt medical evaluation protects your health and also creates a record close in time to the crash.

Why records matter

Many concussions do not show up on a CT scan or MRI. That makes your symptoms, your doctors' notes and the observations of family and coworkers important evidence. Tell every provider about every symptom, even if it seems unrelated.

A concussion claim is often won or lost on documentation. If the chart says only "neck pain" and never mentions headaches or dizziness, an insurer may argue the head symptoms came later or came from something else. Mention every symptom at every visit, and ask that your symptoms be written down.

What good documentation looks like

An early evaluation, ideally the same day or within a few days.
Consistent reporting of symptoms across visits.
Referrals to specialists, such as neurology, when your doctors recommend them.
Follow up testing or therapy if recommended, with attendance records.
A short daily symptom diary, including work problems and missed events.
Notes from family, friends and coworkers who saw the change.

What Florida law says

PIP and the 14 day rule

In a car accident, treatment generally must begin within 14 days to keep PIP benefits available (Florida Statutes 627.736). PIP generally pays 80 percent of reasonable medical expenses and 60 percent of lost income, up to $10,000 if a doctor determines there is an emergency medical condition and $2,500 otherwise. Waiting to see if a headache goes away can cost you benefits. See our Florida 14 day PIP rule guide.

The injury threshold

Florida generally requires a permanent injury or similar threshold to recover pain and suffering from the at fault driver (Florida Statutes 627.737). Head injuries are often temporary, but some people have lingering symptoms, and whether a condition is permanent is a medical question that doctors address. Do not settle before you know. That is one reason to be careful about any first settlement offer.

Deadlines and shared fault

For negligence claims arising after March 24, 2023, Florida generally allows 2 years to file suit (Florida Statutes 95.11). If an insurer argues you share blame, Florida's comparative fault rule can reduce a recovery by your share, and a plaintiff found more than 50 percent at fault is generally barred (Florida Statutes 768.81). Medical expense evidence rules are addressed in Florida Statutes 768.0427.

Recovery, work and daily life

Most people with a concussion improve over time, and doctors generally guide a gradual return to activity. But some people have symptoms that last weeks or months, such as headaches, trouble concentrating, light sensitivity or sleep problems. If that is happening, tell your doctor, because it affects both your care and the record of your injury.

Work and school

Ask your doctor for written work or school restrictions if you need them, and keep copies. Employers and insurers often want a note, and a written restriction is better evidence than your memory of a conversation. Keep track of missed days, reduced hours and tasks you could no longer do, because lost income is part of what PIP and a later claim can address.

Family observations

People close to you often notice changes first: irritability, forgetfulness, withdrawal or fatigue. A short note from a spouse, parent, coworker or friend, with dates and examples, can support your own account. Ask them to describe what they saw in plain language, not to guess at medical causes.

How insurers may respond

They may question symptoms that are not visible on scans.
They may point to prior headaches or conditions.
They may argue recovery is complete if treatment stops.
They may ask for broad medical releases.

Careful documentation and honest answers about prior history help avoid misunderstandings.

Insurance adjusters typically look at the gap between the crash and the first visit, the consistency of symptoms across records, and the length of treatment. If you had migraines or a prior head injury before the crash, say so. A prior condition does not end a claim. In general, an aggravation of a pre-existing condition may still be compensable, but hiding the history is what damages credibility. Avoid recorded statements before you understand your rights, and see our recorded statement guide.

Steps to take

Get a medical evaluation promptly and follow up as advised.
Tell every provider about every symptom, including ones that seem unrelated.
Keep a symptom diary and note missed work.
Ask a family member to share what they have noticed.
Do not skip appointments or stop care without telling your doctor.
Rest and avoid activities your doctors advise against until you are cleared.
Keep all bills, records and insurance letters.
Avoid recorded statements and broad medical releases before you understand your rights.

What to avoid while you recover

Do not post photos or comments online that suggest you are fully active or unaffected. Insurers do look.
Do not exaggerate symptoms either. Accurate, consistent reporting is the most credible approach.
Do not return to sports or demanding activity before your doctor clears you.
Do not sign a medical authorization that allows unlimited access to your history without having it reviewed.
Do not accept an early offer before you know how your recovery is going. See our guide on whether to accept the first settlement offer.

If you were hurt in a crash in Miami-Dade, Broward or Palm Beach, or in Central Florida, a Pine Hills accident lawyer or Lakeland accident lawyer can review your situation by video and explain your options.

Common myths about concussions and claims

Myth: If I did not black out, it was not a concussion. Reality: Loss of consciousness is not required.
Myth: A normal CT or MRI means I am fine. Reality: Many concussions do not show on routine scans.
Myth: If symptoms start days later, it is not from the crash. Reality: Delayed symptoms are common, and a prompt evaluation helps document them.
Myth: A prior headache history ends my claim. Reality: Honest disclosure matters, and aggravation of a prior condition may still be recoverable.
Myth: I should tough it out. Reality: Delaying care can hurt your health and PIP benefits.

When to call a lawyer

Consider calling if your symptoms last more than a few days, if you are missing work, if a specialist is involved, if the insurer questions your injury or if you are being pressed for a statement or release. Head injury claims need careful documentation, and Lascaze Law offers a free consultation to head injury victims across Miami-Dade, Broward and the rest of Florida.

That includes people looking for a Miami Gardens accident lawyer, a Tamarac accident lawyer or an Ocala accident lawyer, as well as people in Orlando, Tampa and Jacksonville. Intake can be done by video from home, which is especially helpful when screens, noise and travel make symptoms worse.

How Lascaze Law helps

Lascaze Law offers a free consultation, and you speak directly with attorney Dolina Lascaze, Esq., not only with a call center. The firm's only office is in Aventura, but you do not need to come here. Intake can be done by video call and documents can be signed digitally, so injured people anywhere in Florida can get help from home, whether that is Miami-Dade, Broward, Palm Beach, the Treasure Coast, Central Florida or the Gulf Coast.

Dolina spent about 19 years on the insurance and defense side, as a former prosecutor and then in senior leadership, with trial experience. She now represents injured people. That background means she understands how these claims are evaluated from the inside, and she uses that knowledge for you. No lawyer can promise a result, but you can get a candid assessment before you decide anything. For background on fees, see how car accident lawyers are paid in Florida.

Whether you are looking for an Ocala accident lawyer, a Plant City accident lawyer or a Little Haiti accident lawyer, Florida's rules are the same statewide, and Lascaze Law offers a free consultation to injured people in all of these areas.

Frequently asked questions

Can I have a concussion without hitting my head in a car accident?

Yes. A concussion can happen when the brain moves inside the skull because of sudden force, even without any blow to the head or loss of consciousness. That is why it is important to be evaluated after a crash if you have headaches, dizziness, confusion or similar symptoms, even if you never hit anything.

Why was my CT scan or MRI normal if I have a concussion?

Many concussions do not show up on a CT scan or MRI. Doctors diagnose them largely from symptoms and examination. That makes your medical records, symptom diary and the observations of family and coworkers important evidence of the injury, and it is why you should report every symptom at every visit.

How soon should I see a doctor after hitting my head in a crash?

As soon as possible, and go to an emergency room if you have loss of consciousness, repeated vomiting, seizures, a worsening headache or increasing confusion. For PIP benefits, treatment generally must begin within 14 days of the crash (Florida Statutes 627.736). An early record also helps document the injury.

Can I recover pain and suffering for a concussion in Florida?

Florida generally requires a permanent injury or a similar threshold to recover pain and suffering from the at fault driver (Florida Statutes 627.737). Whether a head injury meets it is a medical and legal question. A lawyer can review your records and explain how the threshold may apply.

What if I had headaches or a prior head injury before the crash?

Disclose it honestly. A prior condition does not necessarily end a claim, and an aggravation of a pre-existing condition may still be compensable. Insurers become suspicious when history is hidden or described inconsistently, so be accurate with your doctors and with any lawyer.

How long do I have to file a lawsuit for a head injury after a crash?

For negligence claims arising after March 24, 2023, Florida generally allows 2 years to file suit (Florida Statutes 95.11). Wrongful death claims also generally have a 2 year limit. Because head injury symptoms can unfold over time, do not wait until the deadline approaches to get legal advice.

Should I give the insurance company a recorded statement about my symptoms?

Generally you have no duty to give one to the other driver's insurer. Early statements, like "I'm okay," can be quoted later if symptoms worsen. Say you are getting care and will call back after speaking with a lawyer. Lascaze Law offers a free consultation, including by video.

Florida statutes referenced

About the author

Dolina Lascaze, Esq. is the founding and managing attorney of Lascaze Law in Aventura. She began her career as a prosecutor, spent about 19 years on the insurance and defense side, including trial work and senior leadership at a major insurance company, and now represents injured people across Florida. She has tried more than 40 criminal and more than 30 civil cases. Because she has seen how claims are evaluated from the inside, she can explain what insurers look for and how to protect your claim from the start. Read more.

This article is general information, not legal advice. Every case is different, laws change, and nothing here guarantees or predicts the outcome of any case.

Where Lascaze Law helps

Our only office is in Aventura. We represent injured people in these areas and across Florida: