Sustaining a traumatic brain injury (TBI) can be a life-altering experience, and dealing with the complex world of insurance claims can be overwhelming. In any personal injury case, everything goes through the insurance company before you can get a single dollar in compensation. If you file a claim for your injuries, you will file it directly with the insurance company. If your brain injury lawyer advises you to file a lawsuit, insurance companies will provide the lawyer for the responsible party. They play a significant role in your case, even if they do not have the power to dictate anything to you.
Regardless, the insurance company’s recalcitrance will complicate your life. These are for-profit businesses that exist to make money, and no matter how seriously you have suffered an injury, insurance companies never write you a check without a fight. Unfortunately, you have little to no capacity to handle the day-to-day details of a brain injury claim. Insurance companies know that and try to take advantage of the situation.
The only way to fight the insurance company is to hire a brain injury lawyer to represent you in the claims or lawsuit process. You may need extensive negotiations before you can reach an agreement that fully compensates you for your brain injuries. In some cases, you will have to file a lawsuit in court, and the jury will take the matter out of the hands of the insurance company. A brain injury lawyer gives you the best chance of success in your case, which means getting total compensation for your brain injury. Hiring a brain injury lawyer costs you nothing out of pocket, as they only get paid if you win your case.
Types of Brain Injuries
If you have been in an accident, you may suffer one of the following brain injuries:
- Coup contrecoup is when the brain jolts in the head. The brain may experience trauma in two places, both at the initial point of impact and when the brain slams into the base of the skull. This type of injury is common when people have suffered whiplash in a car accident.
- Diffuse axonal injuries are when the brain’s long stem fibers tear due to impact or the shifting of the brain in the head. These can occur from direct trauma or when the brain suddenly gets jolted.
- Penetrating injuries occur when an object breaches the skull and goes directly into the brain. These may happen when there is a gunshot or when there is an object that impales the brain.
- Concussions happen when there is a sudden movement or blow to the head that can damage the cells and change the chemical composition of the brain. An accident victim may recover from a concussion after a certain period of rest, or they may experience continuing symptoms for an extended time.
- Hematomas occur when a blood vessel ruptures, causing blood to pool under the brain. Over time, a hematoma can cause permanent brain damage.
Effects of Brain Injuries
Some TBIs may be minor, and you may recover eventually after rest or therapy. However, the brain is one of the most delicate parts of the body, and when brain cells die, they do not regenerate. Accordingly, many brain injuries are permanent, and they can cost you or a loved one vital functions that you need for your daily life. You may never work again, and the injury may fundamentally change the course of your life. Severe brain injuries can shorten life expectancy by an average of nine years.
Some common effects of brain injuries may include:
- Loss of movement, as the brain cannot send signals to the rest of the body
- Difficulty concentrating
- Loss of ability to speak
- Mood changes and irritability
- Anxiety and depression
- Inability to control bodily functions
There is practically no such thing as a brain injury that does not cause you serious effects. If someone else was to blame for your brain injury through their careless or reckless actions, you may have the legal right to substantial financial compensation.
You Must Know the Value of Your Brain Injury Case
Your TBI claim will likely be worth a lot of money. Depending on the severity of your injury, the medical expenses alone can reach millions of dollars. If you have suffered a severe injury, you will be affected for the rest of your life. Although the damages may seem immeasurable, you must figure a dollar figure before seeking compensation.
Preparation is the key to giving you the best chance of winning any fight. Here, the preparation is knowing the exact value of your case and having the evidence to support it. You need to calculate your damages carefully because you will need every dollar you get paid to provide for your care and compensate you for what you have lost.
A brain injury lawyer’s job is to work with expert witnesses to determine the value of your case before you file a claim or lawsuit. They will work with expert witnesses to understand your injury’s impacts and what your life may be like going forward. Brain injury attorneys may work with the following types of experts:
- Vocational experts
- Medical experts
- Life care planning experts
- Economic experts
These expert witnesses will participate at various points of your case. They will let your brain injury lawyer know what you need for the rest of your life and your limitations. They may also testify at depositions and trials to prove your damages.
Insurance Companies Lowball Settlement Offers
Insurance companies will always make you a low settlement offer. There is no such thing as a rounding error when such a large amount of money is at stake, and every dollar represents something you lost because of your injury. If you prove someone else was negligent, you deserve compensation, and the insurance company owes it to you.
Insurance companies certainly do not care that a TBI has permanently changed your life or the life of a loved one. They are only interested in settling your case for as little as possible. There may also be a corporate defendant in your case because the damages far outweigh their insurance coverage at the time of your accident.
A Brain Injury Lawyer Can Help Fight for Full Compensation
The best way to fight the insurance company after a TBI is with the help of an experienced brain injury lawyer. There is little that you can do on your own when you or a family member are dealing with a severe brain injury. Your focus is on your health, and you may already struggle to handle the activities of your daily life. If you do not have the help of a brain injury attorney, insurance companies will take advantage of the situation to meet their financial interests.
Remember that you are under no obligation to accept what insurance companies offer and deal with what they give you. If their policyholder was in the wrong, you have legal rights, and they must pay you. Otherwise, there are measures that you can take to hold them accountable, but you cannot do it by yourself.
You Must Fight During the Settlement Negotiation Process
A brain injury attorney can help you fight back because you may need to battle with the insurance company. Insurance companies do not give you anything willingly; if they do, they offer you an amount far less than you otherwise deserve. There is little upside in accepting the first offer that insurance companies make you. If they offer you too little money, you owe it to yourself and your family to reject their offer. You will be doing yourself a disservice if you take a low settlement offer to get money in your hands quickly.
You can and should hold out for the proper settlement offer before you agree to anything. In the meantime, you are likely facing high expenses, both to provide care for you and to treat your injuries. Do not get into a position where you take an offer that is not in your best interests because you are desperate for money. You can always obtain litigation financing to help you hold out while your case is pending. Getting a check for your injuries may take many months or even years.
You May File a Lawsuit for Your Brain Injuries
A brain injury lawyer will give you their professional opinion about whether you should accept an offer. They will often tell you to reject at least one settlement offer. At that point, a brain injury attorney can pressure the insurance company by demanding more money or taking your case to court. You can continue negotiating with the insurance company, hoping it may pay more.
Remember that insurance companies are afraid of juries, especially when there is a seriously injured plaintiff. They may regret not settling with you sooner when the jury awards you far more money than you have received in a settlement agreement. You may even qualify for punitive damages in a jury verdict if there is a high degree of fault. Therefore, even if you file a lawsuit, you can expect that there is a high chance that you will settle your case. You do not want the legal process to draw out indefinitely, and the insurance company does not wish to take the massive risk of going in front of a jury.
Although things may not be easy for you, patience is necessary to obtain the best result in a brain injury case. Insurance companies prey on what they perceive to be desperation, and fortitude can mean more money for your brain injury. It certainly helps to have an experienced brain injury lawyer waging the battle on your behalf. Their efforts can reduce your stress and give you peace of mind.
Why You Need a Brain Injury Lawyer
There are many things to consider in the brain injury lawsuit process. The end goal is for you to get every dollar that you deserve in compensation for your injuries. Nothing is as simple as filing a claim and getting your check from the insurance company. These claims tend to be highly complex, with many moving pieces. At the same time, your injuries may sharply limit your capacities. If a loved one has suffered a brain injury, you may have to care for them, and dealing with the legal process is the last thing that you can do during this difficult time.
You can trust a brain injury lawyer to do the heavy lifting regarding your case. You must work with them to provide the brain injury attorney with the necessary information and make any critical decisions in your case. A brain injury attorney will thoroughly explain your legal options and give you professional advice on what decisions you need to make. If your condition allows it, you may need to testify at depositions and trial, and your brain injury lawyer will help you prepare and defend you when necessary.
It Costs You Nothing Upfront to Hire a Brain Injury Lawyer
After a TBI, it is easy to feel overwhelmed by medical bills, rehabilitation costs, and the financial burden of being unable to work. The last thing you need is the added stress of worrying about how to afford legal representation. Fortunately, hiring a brain injury lawyer costs you nothing upfront. They will work on a contingency fee basis, meaning they only get paid if they win your case and secure a settlement or jury award.
This fee structure allows anyone to access legal representation regardless of their financial situation. It also means you can focus on your recovery and getting your life back on track, knowing that your attorney is fighting for your rights and working to maximize your compensation.
Hire An Experienced TBI Attorney Today
Remember, if you or a loved one has suffered a traumatic brain injury due to the negligence of another party, it is important to seek legal assistance as soon as possible. A personal injury lawyer will protect your rights and work to get the compensation you deserve.
