Practice Area
Traumatic brain injury cases demand specialized expertise. Our team has secured some of Florida's largest TBI verdicts, including a $30.1 million judgment against GEICO.
Why Choose Swope, Rodante
Overview
A traumatic brain injury (TBI) occurs when an external force — a blow, jolt, or penetrating injury to the head — disrupts normal brain function. TBIs range from mild (commonly called a concussion) to severe (prolonged unconsciousness, amnesia, or coma). The consequences can be lifelong.
Medical professionals classify TBI severity using the Glasgow Coma Scale (GCS), which measures eye-opening, verbal response, and motor response on a scale of 3 to 15:
GCS 13–15
Brief loss of consciousness (if any), confusion, disorientation. Normal imaging is common. Symptoms may persist for weeks, months, or permanently (post-concussion syndrome). This is the most litigated category.
GCS 9–12
Loss of consciousness from 30 minutes to 24 hours. Cognitive deficits, memory problems, and physical impairments are common. Recovery is possible but often incomplete.
GCS 3–8
Prolonged unconsciousness or coma exceeding 24 hours. Often results in permanent disability including paralysis, persistent vegetative state, or death. Lifelong care is typically required.
TBIs in personal injury cases most commonly result from:
The Hidden Injury
Insurance companies frequently dismiss mild TBI claims as "just a concussion." This is one of their most effective and damaging strategies, because mild TBI presents unique evidentiary challenges that, without experienced legal representation, can result in catastrophically low settlements.
Standard brain imaging — CT scans and even most MRIs — often appears completely normal in mild TBI cases. This does not mean the brain is uninjured. Diffuse axonal injury, the cellular damage that underlies many concussions, is invisible to conventional imaging. Insurers exploit this gap aggressively: "The scans are normal, therefore there is no injury."
Winning a mild TBI case requires a multi-disciplinary approach combining detailed neuropsychological testing, advanced imaging (fMRI, DTI), expert testimony from neurologists and neuropsychologists, and detailed documentation of how the injury affects every aspect of the client's daily life, work, and relationships.
Physical
Persistent headaches, dizziness, balance problems, fatigue, sensitivity to light and noise, sleep disturbances, seizures
Cognitive
Memory loss (short and long-term), concentration deficits, slowed processing speed, difficulty with multi-tasking, executive dysfunction
Psychological
Depression, anxiety, PTSD, irritability, emotional dysregulation, personality changes that profoundly affect relationships
Behavioral
Impulsivity, aggression, social withdrawal, inability to return to previous employment or professional roles
Long-Term / Permanent
Post-concussion syndrome lasting years, increased risk of early-onset dementia and CTE, permanent disability requiring ongoing care
Our Approach
TBI litigation requires an investment in expert resources and a deep understanding of both the medical science and the insurance industry's defense tactics. Swope, Rodante P.A. brings both.
Conducts comprehensive neuropsychological testing to objectively document cognitive deficits — memory loss, processing speed, executive function — that are invisible on standard imaging.
Provides medical causation testimony connecting the mechanism of injury to the specific brain injury sustained, and opines on prognosis and permanency.
Develops a detailed, costed plan for all future medical treatment, therapy, assistive devices, home modifications, and care needs over the client's lifetime.
Evaluates the impact of the TBI on the client's ability to work — both in their current occupation and in any occupation — and quantifies lost earning capacity.
In vehicle crash cases, establishes the force of impact and the biomechanics of the head injury mechanism — critical when the defense argues the crash was "too minor" to cause TBI.
Calculates the full present value of future losses — including lost earnings over a working lifetime and future medical and care costs — to quantify total economic damages.
Why Insurers Fight TBI Claims Hardest
TBI cases — particularly mild TBI cases — represent some of the highest-value personal injury claims in Florida. A young professional who sustains a mild TBI and can no longer work in their field may have millions of dollars in lost earning capacity alone, in addition to substantial future medical and care costs. Insurance companies know this, and they fight these cases with enormous resources.
The "invisible" nature of mild TBI is the defense's primary weapon. Without experienced TBI counsel who understands the science, insurers routinely minimize or deny these claims entirely. Their Independent Medical Examiner (IME) — a doctor hired and paid by the insurer — will typically provide a report minimizing or dismissing the injury. Their defense lawyers will highlight normal imaging results and point to pre-existing conditions.
Swope, Rodante P.A. knows every one of these tactics. We have faced them, prepared for them, and defeated them — including in the courtroom.
Compensation
TBI cases involving permanent injury can result in some of the largest damage awards in personal injury law. A comprehensive recovery accounts for every category of loss — current and future.
Emergency care, hospitalization, neurosurgery, diagnostic imaging, neurological treatment, and all rehabilitation costs from the date of injury forward.
Projected lifetime costs for ongoing neurological care, physical therapy, occupational therapy, speech therapy, psychiatric treatment, and medication — calculated using expert life care planning.
Income lost during recovery from the date of injury to the date of trial or settlement, including all compensation types.
The reduction in future earning power caused by TBI-related cognitive, physical, or psychological deficits — often the single largest component of a TBI damage award.
Compensation for the physical pain, headaches, and chronic discomfort resulting from the brain injury, both past and ongoing.
Damages for depression, anxiety, PTSD, emotional dysregulation, personality changes, and the profound psychological impact of living with a brain injury.
Compensation for the inability to participate in activities — hobbies, sports, social life — that were part of the client's life before the injury.
Costs of modifying the home for accessibility, purchasing assistive devices, and acquiring specialized equipment needed as a result of the injury.
The cost of in-home care, nursing assistance, or residential care facility expenses for TBI survivors who require ongoing assistance with daily living activities.
Our Track Record
When the stakes are highest — when an insurance company is dismissing a life-altering brain injury as "just a concussion" and offering a fraction of what it is worth — you need attorneys who have been in that exact fight and won. Swope, Rodante P.A. has done exactly that.
Our firm's TBI practice is built on deep medical knowledge, a network of the country's best TBI experts, and the willingness to try these cases to verdict when insurers refuse to pay fairly. Our attorneys have argued TBI cases at every level, including the Florida Supreme Court.
Landmark Result
$30.1 Million
Willoughby v. GEICO
Our client sustained a traumatic brain injury in an automobile accident. GEICO, the client's own UM insurer, offered only $147,000 to resolve the claim — a fraction of its true value. Swope, Rodante P.A. took the case to trial. The jury returned a verdict of $30.1 million.
The case proceeded to the Florida Supreme Court on critical bad faith legal issues, where our firm prevailed — establishing precedent that protects TBI victims and policyholders throughout Florida when their own insurers act in bad faith.
Past results do not guarantee future outcomes. Each case is evaluated on its own facts and circumstances.
After Your Injury
TBI cases require early, decisive action to preserve evidence and protect your rights. The steps you take immediately after the injury can determine the strength of your legal case.
Common Questions
Yes — and the Willoughby case proves it. The value of a TBI case is not determined by its diagnostic label but by its actual impact on the victim's life. A "mild" TBI that permanently prevents a 35-year-old software engineer from working in their field represents decades of lost earning capacity that can easily reach or exceed seven figures. Add future medical care, pain and suffering, and the impact on family relationships, and a mild TBI case can justify an eight-figure claim. What makes these cases challenging is proving that the injury is real, permanent, and causally connected to the accident — which requires the right experts and experienced counsel.
The most important evidence in a TBI case includes: the emergency room records from immediately after the accident (describing your symptoms and any altered consciousness); all follow-up neurological and neuropsychological records; imaging studies (CT, MRI, fMRI, DTI if available); pre-accident employment and educational records to document your baseline cognitive functioning; post-accident employment records documenting decline in performance; your personal symptom journal; and statements from family members, colleagues, and friends who observed changes in your behavior and functioning. Your attorney will guide the collection and preservation of all relevant evidence.
TBI cases typically take longer than other personal injury cases because the full extent of the injury may not be known for a year or more after the accident — and it is important not to settle before the injury has "declared itself." Once the medical picture is clear, the litigation process (investigation, filing, discovery, expert depositions, mediation) typically takes one to three additional years. Cases that proceed to trial take longer still. While we always pursue the most efficient path to a fair recovery, we never sacrifice case value by settling prematurely.
Normal imaging is extremely common in mild TBI cases and does not mean the brain is uninjured. Diffuse axonal injury — the cellular mechanism underlying most concussions — is not visible on standard CT or MRI. Advanced imaging (fMRI, DTI tractography) can sometimes reveal structural changes invisible to conventional imaging, but the primary evidence of mild TBI is clinical: neuropsychological testing results, documented symptoms, and observed changes in function. Swope, Rodante P.A. has successfully tried mild TBI cases against insurers who argued "normal scans = no injury." Do not accept that argument without consulting an experienced TBI attorney.
Yes. If your own UM/UIM insurer is unreasonably denying or underpaying your TBI claim, Florida's first-party bad faith statute (§624.155) may give you a powerful additional remedy — including extracontractual damages, attorney's fees, and compensation beyond your policy limits. The Willoughby v. GEICO case is a direct example: GEICO's own insured suffered a TBI and was offered $147,000. Swope, Rodante pursued both the underlying UM claim and a bad faith claim — resulting in a $30.1 million verdict. Contact our firm to discuss whether bad faith remedies apply to your situation.
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