Fighting the Insurance Company After a TBI

Fighting the Insurance Company After a TBI

The immediate medical needs and the long-term impact on your life and work leave you facing a daunting journey after a traumatic brain injury (TBI). Among the many challenges faced, dealing with insurance companies stands out as one of the most intimidating tasks. However, when you file a claim for compensation, dealing with the insurance company is unavoidable. Fortunately, when you have a personal injury lawyer in Mableton on your side, you don’t have to worry about doing it alone.

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What is a TBI?

A TBI, or traumatic brain injury, usually results from a sudden and violent jolt or blow to the head, neck, or body. When this happens, the head can rapidly move back and forth or side to side, causing injury to the brain within the skull. This is called a closed brain injury. Additionally, some TBIs are the result of an object going through the skull and into the brain tissue, known as penetrating brain injuries. Traumatic brain injuries are particularly common. In a recent year, there were approximately 214,110 TBI-related hospitalizations, representing more than 586 hospitalizations for TBIs per day.

Common Types of Traumatic Brain Injuries

The brain can suffer various types of injuries, but some of the most common TBIs include:

• Concussions: One of the most common types of TBIs, concussions occur when the brain shifts within the skull, causing a change in brain function for some time.
• Contusions: Brain contusions are essentially bruises on the brain, causing swelling and bleeding around the affected area.
• Intracranial hemorrhages: Intracranial hemorrhages are known as “brain bleeds,” as blood vessels leak or burst, causing blood to pool in an area of the brain. This causes pressure in the brain and prevents oxygen and other critical nutrients from reaching brain cells and tissues.
• Diffuse axonal injuries: A DAI results when the brain excessively shifts or rotates within the skull, causing the tearing of the brain’s connecting nerve fibers, called axons.
• Coup contrecoup injuries: The words coup, French for “blow,” and contrecoup, French for “counterblow,” describe this injury perfectly. With a coup contrecoup injury, the brain suffers injury on one side (coup), and, on the return, the brain hits the side directly opposite to the first area (contrecoup).

Other head injuries, like skull fractures (a break in the skull bone), are also often considered traumatic brain injuries, as they can severely impact the brain.

Complications from TBIs

Unfortunately, complications from traumatic brain injuries are particularly common. While some TBI victims can recover after proper treatment, many must face the life-changing consequences of their injuries. Common TBI complications include:

• Seizures
• Blood vessel damage
• Vertigo
• Paralysis
• Hearing loss
• Loss of vision
• Intellectual problems
• Issues with communication
• Behavioral changes
• Emotional changes
• Sensory issues
• Degenerative brain diseases

Additionally, a TBI can cause altered consciousness. Some TBIs leave victims in comas or vegetative states for prolonged periods.

How Much is a Traumatic Brain Injury Claim Worth?

When you file a claim for compensation, you’re pursuing fair financial recovery to cover the expenses and losses caused by your accident. One of the most important questions TBI victims want to know is, “How much is my claim worth?” Every victim and their situation is unique. For this reason, there is no “average” TBI settlement amount. When you hire a personal injury lawyer and they thoroughly investigate your case, they can give you a better idea of what you can potentially expect based on their experience and key factors.

Determining the Value of Your Claim

Damages help compensate you for the injuries you sustain and losses you incur in an accident caused by another’s wrongdoing. You can obtain compensation for economic and non-economic damages, including, but not limited to:

• Current and anticipated medical expenses
• Lost income
• Property damage
• Pain and suffering
• Loss of enjoyment of life

To determine how much your claim is worth, your personal injury attorney must assess your case and answer crucial questions like:

• What types of brain injury did you sustain, and how severe was it?
• How has your injury impacted your life?
• Have you missed time at work to recover from your injury?
• Will you be able to return to the same occupation you had prior to your injury?
• How has your injury affected your mental and emotional health?

These and other questions allow your personal injury lawyer to calculate your damages and assign a monetary value to your claim. Knowing how much your case is worth can significantly help ensure you obtain adequate compensation after your TBI.

Getting the Evidence You Need to Prove Your Losses

Evidence can aid in proving your losses and the value of your claim. Evidence to strengthen your claim includes:

• Medical records and bills
• Doctor’s notes
• Witness statements
• Rehabilitation records
• Police reports
• Surveillance footage

Not only can evidence prove your damages, but it can also help exhibit the cause of your accident and establish the at-fault party’s liability. It’s more difficult for insurance companies to give you a hard time when the proof is in the evidence.

Filing an Insurance Claim for Your TBI

Depending on the cause of your TBI, you may have the opportunity to file an insurance claim for compensation. Filing a claim allows you to pursue damages, whether with the other party’s insurer or your own. You can file a third-party claim with the at-fault party’s insurer for car accidents and premises liability incidents. However, if you suffered an injury in a car accident and your state follows no-fault rules, you would file a first-party claim through your own personal injury protection insurance. Many times, an insurance claim is all you need to get the compensation you deserve for your TBI and related injuries and expenses.

The Role of the Insurance Company During Your Injury Claim

The insurance company plays a large role in your ability to recover financially from a traumatic brain injury. When you file an insurance claim, the insurer assigns an adjuster to investigate your accident and resulting losses. They’ll review all available evidence, including medical records, and assess damages. Based on their findings, they may choose to approve or deny your claim. When the insurer approves your claim, they’ll make you a settlement offer. Depending on the type of offer they make, you may have to negotiate to get a better settlement. In certain ways, insurance companies are the gatekeepers of your compensation. You’ll have to “play the game” to try to get them to pay you what your claim is truly worth, which can be a challenge in and of itself.

Why Would You Need to Fight the Insurance Company After a TBI?

If you know anything about insurance companies, you know they’re anything but easy to deal with. But, when you understand the insurance business, it’s clear why. Insurance companies are for-profit businesses. They’re in the business of making money, and they’ll do anything to protect that money. Traumatic brain injuries, specifically, are costly. Not only are medical bills astronomical, but damages are also far more than just medical costs. Therefore, insurance companies must dish out thousands (sometimes millions) of dollars for TBIs. You can almost always expect the insurance company to put up a fight for a traumatic brain injury claim. Even if they do have to pay, they won’t do it willingly and will do whatever they possibly can to avoid paying out for your claim.

Tactics Insurance Companies Use Against TBI Victims

Insurance companies utilize several tactics to minimize liability and undervalue claims. Some of the strategies insurance companies most often use to harm TBI victims’ claims include:

Asking for a Recorded Statement

At some point, the insurance company may contact you, asking for a recorded statement. They’ll say they just need a few moments of your time to get your side of the story. While this may seem innocent, their request comes with ulterior motives. By asking for a recorded statement, they hope you’ll agree and tell them what happened from your perspective. Oftentimes, accident victims say too much or the wrong thing, which insurance companies can use to their advantage. Simply put, the insurer is looking to use your words against you. If the insurance company asks for a recorded statement, kindly deny their request. Once you have a personal injury lawyer, you can let them handle all communications with the insurer.

Offering a Quick Settlement

Insurance companies know what you want: money. As a result, they’ll try to “dangle the carrot,” hoping you’ll go for it. The carrot? A quick settlement offer. Don’t be surprised if the insurance company contacts you with a settlement offer much sooner than you would expect to receive one. This is done intentionally. When it’s too early in the claim process, you likely won’t know the full extent of your injuries and losses. Also, you may not have a lawyer quite yet. The insurance company wants to catch you at the right time, hoping you’ll be motivated to accept their early settlement offer and move on with your life. However, these settlement offers are usually worth much less than the value of your damages, and if you choose to accept, you’re giving up your right to pursue additional compensation for your TBI in the future. First, settlement offers are dangerous for many reasons. Therefore, if the insurance company sends you an offer, don’t make any decisions without first discussing it with your personal injury attorney.

Intentionally Delaying Your Claim

When the insurer isn’t getting its way, it may try to intentionally delay your claim. By dragging out your claim, the insurance company hopes you’ll tire of waiting and accept whatever offer they throw your way. Having a lawyer is key in this situation. The insurance company knows they won’t be able to delay your claim much longer, as your personal injury attorney will help push it along faster.

Denying Your Claim

As frustrating as it may be, the insurance company may deny your claim. In many cases, accident victims don’t know they have options, even if the insurer denies their claim. The insurance company hopes that, by denying your claim, you’ll move on and give up your pursuit for compensation. When the insurance company denies a valid claim, a personal injury lawyer can intervene and provide alternative methods to seek financial recovery, including filing a personal injury lawsuit.

Protecting Your Rights Following a Traumatic Brain Injury

When you file a TBI claim, you must prepare yourself for a fight with the insurance company. Taking the appropriate steps after suffering your injury can help you protect your rights and make it harder for the insurance company to fight you on your claim. Following your TBI, you should:

• Get proper medical attention: Seeking prompt medical care allows you to adequately treat your brain injury while building your medical records.
• Follow-through on treatment: Taking your healthcare seriously can communicate the severity of your injuries to the insurer and positively reflect on your medical records.
• Consult a personal injury attorney: The sooner you consult with a lawyer, the quicker you can begin working on your insurance claim.

Finally, you should avoid waiting too long to take action. Time is limited to pursue compensation for a TBI, and waiting can hinder your chances of a successful outcome.

A Personal Injury Attorney Can Fight the Insurance Company on Your Behalf

Battling the insurance company throws you into a stressful and worrisome situation, but you don’t have to do it yourself. After a TBI, a personal injury lawyer can work diligently to represent your best interests and get you the compensation you need and deserve.