A traumatic brain injury (TBI) can leave you or your loved one with astronomical medical bills and lost income. Dealing with the insurance company for the liable party after suffering a TBI is daunting. You are dealing with a serious injury, and the insurance company is trying to pay less than you deserve.
The truth is that getting maximum compensation after a TBI is almost impossible without a seasoned personal injury attorney. Learn more below about insurance coverage disputes after a traumatic brain injury. Talk to a personal injury attorney in your area if you have questions or think you have a claim.
What Causes TBIs?
Traumatic brain injuries are damage to the brain that usually happens from sudden blows or jolts to the head that alter normal brain activities. A brain injury can severely affect someone of any age and in various situations. Common causes of TBIs are:
- Auto accidents: Motor vehicle accidents are the most common reason for traumatic brain injuries. Collisions with trucks, cars, motorcycles, and bicycles can lead to severe and fatal brain injuries. Pedestrians and cyclists are especially at risk for traumatic brain injuries when hit by a vehicle.
- Falls: Falls are a common cause of brain injuries. Falls are widespread among older people and children. A brain injury can happen from a slip and fall in a grocery store or on an icy sidewalk. If the property owner was negligent, you or your loved one can be entitled to compensation in a premises liability claim.
- Sports injuries: Contact sports, including soccer, hockey, boxing, and football, can cause serious head injuries. Even with proper equipment protecting the head, athletes can suffer concussions and other brain injuries.
- Job-related accidents: Construction and manufacturing industries have frequent head injury claims. Slips and falls, falling objects, or being hit in the head by heavy equipment can cause traumatic brain injuries.
- Assault: A brain injury can happen from an assault or attempted murder. A blow to the head by a heavy object can cause severe or fatal injuries.
- Recreational activities: Outdoor activities such as skateboarding, biking, skiing, and rock climbing can cause brain injuries. Wearing protective gear can avoid some injuries. Sometimes, a company or entity can be liable for a person’s brain injuries.
A brain injury attorney can review your case to determine if another party’s negligence caused your brain injuries, such as a concussion, contusion, diffuse axonal injury, or penetrating injury.
Liability For A TBI Injury
You can receive compensation in a lawsuit if another person or entity caused you or your loved one’s TBI. Your brain injury attorney will review the case evidence and attempt to prove negligence as follows:
- Another person had a duty of care to you. For example, a truck driver has a duty of care to obey traffic laws and drive safely so they don’t harm other motorists.
- The person violated their duty of care. For example, a truck driver may have been sleepy and caused an accident with your wife.
- The violation caused someone’s injuries. For instance, your wife suffered a traumatic head injury when the trucker hit her vehicle.
- There are monetary damages related to the TBI, such as $100,000 in medical bills.
Your attorney will rely on the evidence available to prove that another person’s negligence caused the accident. The evidence can include an accident report, surveillance video of the accident, photos and videos you provide of the accident scene, accident reconstruction expert testimony, medical records, and more.
Assuming your brain injury proves liability for the TBI, they will usually need to negotiate a fair settlement with the insurance company. For example, a truck driver should have personal and company-sponsored liability insurance.
Insurance companies are supposed to provide financial help to victims after accidents or injuries caused by their policyholders. The policy should generally cover the injured person’s current and future medical bills, lost earnings, lost earning capacity, rehabilitation, and pain and suffering.
However, the insurance company is in business to make money. It can undervalue your claim or deny it. Reaching a fair resolution with the insurance company can be challenging, so you should allow a brain injury attorney to oversee negotiations. There can be weeks or months of insurance negotiations with multiple offers and counteroffers being made.
Common Insurance Company Tactics After TBI Accidents
Every insurance company is a profit-oriented enterprise. To make more money, the insurance company may use specific tactics when you attempt to negotiate a just settlement. It’s more likely that the insurance company will try to underpay you for a TBI because these are usually high-value claims. A six or seven-figure brain injury settlement can severely damage the insurer’s bottom line. So, the insurance company will try to pay less than they should.
Common insurance company ploys to pay you less are:
They Dispute Evidence
The insurance company will pore over your medical records. They will look for preexisting conditions or inconsistencies they can use to question whether your injuries are related to the accident or incident.
An experienced TBI attorney will counter this defense by ensuring that all of your necessary medical records are available for insurance company review, and that your physician reviewed them for accuracy. Your attorney can also provide extensive documentation to show how your TBI symptoms occurred after the accident.
They Delay The Process
Insurance companies know that delaying a TBI claim puts pressure on you to settle for less than you should. The insurance adjuster may delay insurance processes for weeks or months to encourage you to give up or take a low settlement. They may repeatedly ask for the same documents to draw out the process.
One of your brain injury attorneys’ strengths is that they are tenacious and never give up. They will stay on top of the insurance company and ensure the process isn’t delayed. Your attorney has legal assistants who will ensure the insurance adjuster has all the documents needed to process the claim.
They Offer A Low Settlement
Insurance adjusters know that you’re hurt, probably need money, and don’t know what your claim is worth. They can offer you a fraction of what you deserve for your TBI injury. The adjuster may attempt to reach you only a few hours after the accident to encourage you to settle the case before speaking to a traumatic brain injury attorney.
Do not allow a high-pressure insurance adjuster to persuade you to settle without retaining an attorney. After the incident, always speak to a qualified personal injury lawyer to learn your legal options.
They Claim You Aren’t Seriously Injured
Some brain injuries are more severe than others. You can have symptoms that are difficult to see, such as memory problems or personality changes. The insurance company may claim that you are exaggerating your injuries and symptoms.
If you delayed getting medical care after the accident, the insurance company will argue that the delay means you weren’t seriously injured. Or, they will say that your injury happened for another reason. That’s why you should always seek immediate medical care if you have any sign of an injury.
They Reject Your Claim
The insurance company can deny liability for the brain injury. They can blame you for the accident or say you have a preexisting condition causing your symptoms. If this happens, retain a brain injury attorney immediately. Your attorney can appeal the decision.
A skilled brain injury attorney has the best chance to negotiate a just settlement for your medical bills, lost earnings, lost earnings capacity, mental anguish, and pain and suffering. They know every insurance trick and delay tactic used to pay you less, and understand what your case is worth. The attorney will take the case to court with a lawsuit if the insurance company doesn’t offer a fair settlement.
How A Brain Injury Settlement Can Improve Your Life
Many brain injuries are serious, and the complications can last forever. Every case is different, so it’s hard to say what your claim can be worth. Some TBI claims are worth $25,000. Others are worth millions. However, a fair brain injury settlement ensures you receive ample money for the best possible recovery. Some of the ways the settlement that your attorney negotiates can help you or your loved one are:
Surgery Funds
Not every brain injury requires surgery, but your settlement will account for the possibility of surgery later. Any procedure needed to aid the injury victim should be considered when negotiating a settlement. Many brain injury victims need immediate surgery to access the skull and lower pressure on the brain. Future surgeries can be required to address perception and cognitive issues related to the injury.
A brain injury attorney may argue for ample financial support for current and future operations. This means you can decide whether to have surgery based on need, not on money.
Funds For Recovery
A brain injury will usually require recovery resources. This can mean in-home care as you heal. It also may mean training and education to help you or your loved one relearn behaviors, such as feeding and dressing yourself.
The settlement that your attorney negotiates may include funds to pay for in-patient and out-patient rehab, physical and cognitive therapy, medical equipment to aid with mobility and healing, etc.
Funds For Therapies
Physical therapy rehabilitation and cognitive training may be needed for TBI recovery, but so is mental health support. Depending on the type of TBI, there can be mental and emotional anguish related to the injury.
A fair brain injury settlement may allow you and your loved ones to seek support when dealing with mental and emotional trauma from a major injury. You or your family member may experience depression, anxiety, PTSD, and other mental health issues related to the injury and physical limitations.
Funds For Medications
A brain injury is a complex condition. Many adverse effects can cause significant issues in life going forward. For instance, a severe brain injury can lead to regular epileptic seizures that prevent you or your loved one from driving or participating in hobbies.
A brain injury settlement can include money to pay for proper medication to regain your freedom. Anyone who needs complex medicines for a serious health condition knows how much they can cost. Your settlement can pay for expensive medicine that can give you your life back.
Most brain injury claims are resolved with an out-of-court settlement for the abovementioned damages. Your brain injury attorney is highly skilled in insurance negotiations and will demand the most money possible for your economic and non-economic losses.
However, if the insurance company does not offer enough money, your TBI lawyer will file a lawsuit and prepare the case for trial. Your attorney is also a skilled litigator and will tirelessly convince the jury to compensate you fairly.
When Is The Best Time To Hire A TBI Attorney?
Right now. As soon as you or your loved one suffers an injury, you should contact a brain injury attorney immediately. The sooner you have an attorney representing you, the faster they can investigate the claim and prove liability. Furthermore, you or your loved one can unknowingly say or do something to damage your case.
There is also a statute of limitations for filing a brain injury case. You may have as little as two years from the date of injury to file your lawsuit. Have a TBI attorney review your case today to determine if you have a viable claim. You don’t pay out-of-pocket legal expenses, so there’s no risk.
A Traumatic Brain Injury Attorney Can Help You
After a brain injury, the negligent party’s insurer will do everything possible to pay less than you deserve. Without full compensation, a complete recovery from your accident can be impossible. A traumatic brain injury lawyer will fight hard to obtain the best compensation from the insurance company. They will also be prepared to take your case to trail if necessary. You can speak to Fields Injury Law today in your area for a free consultation.
Steve Fields
Founder | CEO | Principal | Attorney
Steve Fields founded Fields Law in 2001 and quickly established a reputation with his Personal Injury clients for being a lawyer who truly cares. After more than 20 years, those clients continue to refer their friends and family whenever they have been injured or become disabled.
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