Traumatic brain injuries (TBIs) are some of the most severe and life-changing injuries a person can suffer. They can lead to many physical, cognitive, and emotional challenges impacting every person's life, from their ability to work and earn a living to their relationships with family and friends. Suppose you or a loved one has suffered a TBI due to someone else's negligence, such as in a car accident or a slip and fall. In that case, you may qualify for compensation for your medical expenses, lost income, pain and suffering, and other damages. However, getting the insurance company to pay what you deserve can be complicated and frustrating. Contact a brain injury attorney for the compensation you deserve.
Understanding Traumatic Brain Injuries
Before we dive into dealing with the insurance company, let's take a closer look at what traumatic brain injuries are and how they can impact a person's life. A TBI occurs when a sudden trauma causes damage to the brain. This can happen when an object hits, jolts, or penetrates the head. Some common causes of TBIs include:- Car accidents
- Falls
- Sports injuries
- Assaults
- Explosions
- Loss of consciousness
- Confusion and disorientation
- Headache
- Nausea and vomiting
- Fatigue and drowsiness
- Difficulty sleeping
- Dizziness and balance problems
- Sensory problems, such as blurred vision or ringing in the ears
- Memory and concentration problems
- Mood changes, such as irritability or depression
The Challenges of Dealing with the Insurance Company
If you've suffered a TBI in an accident that was someone else's fault, you may be entitled to compensation from their insurance company. However, getting the insurance company to pay what you deserve can be challenging and frustrating. Here are some of the common challenges you may face when dealing with the insurance company after a TBI:Proving the Extent of Your Injuries
One of the biggest challenges in any TBI case is proving the extent of your injuries to the insurance company. TBIs can be difficult to diagnose and even harder to prove. Many invisible symptoms may not appear on traditional medical tests like X-rays or CT scans. The insurance company may try to downplay the severity of your injuries or argue that your symptoms are unrelated to the accident. They may also try to use your medical history against you, claiming that your symptoms are due to a pre-existing condition rather than the accident. To combat this, it's important to have thorough medical documentation of your injuries and symptoms. This may include:- Hospital records and emergency room reports
- Diagnostic test results, such as MRIs or PET scans
- Notes from your doctors and specialists
- Neuropsychological evaluations
- Rehabilitation records
- Missed work or school
- Inability to perform household chores or care for your family
- Changes in your relationships with loved ones
- Emotional distress, such as depression or anxiety
Dealing with Lowball Settlement Offers
Lowball settlement offers are another common challenge when dealing with the insurance company after a TBI. The insurance company's goal is to pay out as little as possible on your claim, so they may offer you a settlement far less than you deserve.
It can be tempting to accept the first offer, especially if you are struggling with medical bills and other expenses related to your injury. However, it's important to remember that once you accept a settlement offer, you typically cannot return and ask for more money later.
Before accepting any settlement offer, it's important to have a clear understanding of the full extent of your damages, including:
- Medical expenses, both current and future
- Lost income and income
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Dealing with Complex Legal Issues
TBI cases can involve complex legal issues that can be difficult to understand independently. For example, if your injury occurred at work, you may need to file a workers' compensation claim and a personal injury claim. If multiple parties were at fault for your injury, you may need to pursue claims against each separately. Issues related to liability may also arise, such as proving that the other party was at fault for the accident or that they had a duty to prevent your injury. Sometimes, you may need professional testimony to establish the cause of your injury or the extent of your damages. An experienced TBI attorney can assist with these issues and build a strong compensation case.Tips for Fighting the Insurance Company
If you're facing challenges with the insurance company after a TBI, here are some tips to assist in fighting back and securing the compensation you deserve:Don't Give a Recorded Statement
After a TBI, the insurance company may contact you and ask you to give a recorded statement about the accident and your injuries. They may make it seem like this is a routine part of the claims process and that you must comply. However, it's important to remember that you are not obligated to give a recorded statement, which can harm your case. The insurance adjuster may ask you questions designed to downplay the severity of your injuries or to get you to admit fault for the accident. They may also use your words against you later in the claims process. For example, if you say something like "I'm feeling okay" or "I'm not sure how the accident happened," the insurance company may use these statements to argue that your injuries are not as serious as you claim or that you were partially at fault for the accident. Instead of giving a recorded statement, it's best to politely decline and refer the insurance company to your attorney. Your attorney can communicate with the insurance company on your behalf and ensure that your rights are protected. An attorney can also guide you in preparing a written statement that accurately reflects the extent of your injuries and their impact on your life, avoiding potential unintended consequences.Don't Sign Anything Without Consulting an Attorney
After a TBI, the insurance company may send you various documents to sign, such as a release of medical records or a settlement agreement. While it may be tempting to sign these documents and get the claims process over with, it's important to have an attorney review them first. The insurance company may use these documents to limit your ability to seek further compensation or to waive your legal rights. For example, releasing your medical records can give the insurance company access to your entire medical history, allowing them to argue that a pre-existing condition, not the accident, caused your traumatic brain injury. A settlement agreement may also include language that prevents you from seeking further compensation if your injuries are more severe than initially thought. An experienced TBI attorney can review any documents the insurance company sends you and advise you on whether to sign them. A lawyer can also negotiate with the insurance company to remove any language not in your best interests and ensure your rights are fully protected.Keep Detailed Records
Keeping detailed records of your medical treatment, symptoms, and the impact of your injuries on your daily life is one of the most important things you can do to strengthen your TBI case. The more documentation you have, the harder it will be for the insurance company to downplay the severity of your injuries or argue that they are unrelated to the accident.
Medical records are particularly important, as they provide objective evidence of your injuries and treatment. Keep copies of all hospital bills, doctor's notes, and diagnostic test results. If you have had to miss work due to your injuries, keep track of your lost income by saving pay stubs and income tax returns.
It's also a good idea to keep a journal or diary documenting your symptoms and the impact of your injuries on your daily life. This can include things like headaches, memory loss, difficulty concentrating, fatigue, and mood changes. Be as specific as possible, and include dates and times whenever you can.
Finally, if you have visible injuries or property damage from the accident, take photographs as soon as possible. These can be valuable evidence in your case and help illustrate the extent of your damages.
Be Patient
Dealing with the insurance company after a TBI can be long and frustrating. The insurance company may take weeks or even months to respond to your claim and offer you a lowball settlement that does not fully compensate you for your injuries. It's important to be patient and not rush into accepting a settlement offer that is less than you deserve. Your TBI lawyer can negotiate with the insurance company for a fair settlement. This may take time, but it's important to stay focused on your recovery and not let the insurance company pressure you into settling prematurely. In the meantime, follow your doctor's orders and attend all your medical appointments. This will aid your recovery from injuries and show the insurance company you are serious about your recovery.Hire an Attorney
Perhaps the most important tip for fighting the insurance company after a TBI is to consider hiring an experienced attorney. While you are not required to have an attorney to file a claim, having one can make a significant difference in the outcome of your case. An attorney who handles TBI cases can provide valuable support in numerous ways. An attorney can investigate the cause of your injury and gather evidence to support your claim, such as police reports, witness statements, and professional testimony. An lawyer can also calculate the full value of your damages, including future medical expenses and lost earning capacity, to secure full compensation for your losses. In addition, an attorney can handle all communication with the insurance company and negotiate on your behalf to get you a fair settlement. If the insurance company refuses to offer a fair settlement, an attorney can file a lawsuit and represent you in court. Most TBI attorneys work on a contingency fee basis, which means they only get paid if they recover compensation for you. This can make it more affordable to hire an attorney, as you will not have to pay any upfront costs. Instead, your attorney will take a percentage of your final settlement or award as their fee. Hiring an lawyer can level the playing field against the insurance company and give you the best chance of getting the compensation you deserve. An experienced TBI lawyer will know how to build a strong case, negotiate with the insurance company, and fight for your rights in court if necessary.Reach Out for a Free Consultation with a TBI Attorney
Dealing with the insurance company after a traumatic brain injury can be an incredibly frustrating process. The insurance company may try to downplay the severity of your injuries, offer you a lowball settlement, or use complex legal issues to deny your claim. However, by understanding your rights, keeping detailed records, and working with an attorney, you can fight against the insurance company and get the compensation you deserve. If you or a loved one has suffered a traumatic brain injury due to someone else's negligence, don't hesitate to seek legal help. A personal injury lawyer can advocate effectively, fighting for the compensation you need to cover medical expenses, lost income, and other related costs. This support can be crucial in helping you move forward with your life. Reach out today for a free consultation and take the first step towards securing the justice and support you deserve.