Fighting the Insurance Company After a TBI

September 20, 2023 | By Francis Firm Injury Attorneys
Fighting the Insurance Company After a TBI

You can bump, hit, or strike your head on an object during many types of accidents. When this happens, a traumatic brain injury (TBI) may result.

Traumatic brain injuries are serious and require immediate medical attention. However, with the rigorous treatment plans that patients must follow when recovering from a traumatic brain injury, the medical expenses can pile up quickly. You can seek help from an experienced Fort Worth personal injury lawyer to get compensation for your injuries and other damages. 

Fighting the Insurance Company After a TBI

While some people may expect to recover within a few months, some suffer consequences from traumatic brain injuries for the rest of their lives and require extensive long-term care. Brain injuries are highly personal injuries, as they affect each victim differently. Because they are invisible injuries, others may not fully understand the effects of a TBI on your life.

What is a traumatic brain injury?

A traumatic brain injury results from a violent blow or jolt to the head or body. People should always take these injuries seriously, as they can cause the tissues within the brain to tear, bleed, or experience permanent damage. Some individuals may also deal with short-term or long-term complications from their injury, resulting in death.

What symptoms indicate a traumatic brain injury?

Symptoms can take a few hours or days to emerge with a traumatic brain injury. You might not feel pain or discomfort at first, but you can still have severe trauma. Therefore, visit a licensed physician immediately if you hit your head on any object during an accident.

They will listen carefully, take notes regarding your symptoms, and run tests to see if you have a brain injury. Every second matters regarding this type of trauma, so immediately start a medical treatment plan tailored to you and your needs.

Here are some symptoms indicating you may have a traumatic brain injury:

  • Intense and painful headaches
  • Feeling nauseous and vomiting
  • Issues with speaking and communicating
  • Feeling dizzy
  • Blurry vision
  • Light or sound sensitivity
  • Ear ringing
  • Strange or unpleasant tastes
  • Inability to focus, concentrate, or remember things
  • Moodiness
  • Sleep problems
  • Anxiety
  • Depression
  • Feeling tired, drowsy, or weak

You may also lose consciousness, experience seizures, grow nauseated, and even enter a coma. Your pupils may dilate, and fluids may drip from your ears or nose.

Seek medical attention immediately to rule out a TBI if you don’t have one or to treat one if you do. 

The permanent and lifelong effects that traumatic brain injuries cause

By following and sticking to your doctor’s medical treatment plan, you can relieve some of the symptoms that your traumatic brain injury causes.

However, even if you give it your all, there is still a chance that your traumatic brain injury will cause permanent and lifelong effects, such as:

  • Constant headaches
  • Loss of memory
  • Seizures
  • Inability to balance
  • Dizziness
  • Vision problems
  • Paralysis
  • Mood and behavior issues
  • Inability to speak/difficulties with communication skills
  • Mental health issues (anxiety, depression, irritability, etc.)
  • Continuous changes in sleep patterns

Suppose an individual suffers from any lifelong effects of traumatic brain injuries. In that case, they may find it extremely difficult to carry out their day-to-day activities or even function and care for themselves as before the accident. Everyday tasks become impossible, and they may need around-the-clock medical treatment and caregiving services for many years.

What treatment options are available for traumatic brain injuries?

The treatment options that your doctor offers you may depend on your symptoms.

Doctors may suggest:

  • Medications and prescriptions
  • Surgeries
  • Counseling and psychological therapy
  • Physical therapy, occupational therapy, and rehabilitative services
  • Speech and communication classes

Doctors will likely want to monitor your traumatic brain injury symptoms to ensure symptoms don’t worsen with time or others do not arise.

Many accidents often lead to traumatic brain injuries

The Centers for Disease Control and Prevention (CDC) reports that falls and car accidents are the two leading causes of traumatic brain injuries in the United States.

Other accidents that frequently lead to these injuries include:

  • Pedestrian accidents
  • Bicycle accidents
  • Truck accidents
  • Motorcycle accidents
  • Scooter accidents
  • Construction accidents
  • Assaults or violence
  • Sports accidents

If this happens to you, find a lawyer who knows how to handle your personal injury accident claim, knows the laws and deadlines surrounding your case, and can determine the best legal route to get the maximum compensation possible for your personal injury damages.

The types of expenses that come with traumatic brain injuries

Traumatic brain injuries are among the most expensive injuries a person can experience.

Some of the costs and expenses that come with this type of injury may include:

  • Surgeries to repair the brain and alleviate symptoms
  • Doctor and hospital costs
  • Prescription medicine expenses
  • Physical therapy and occupational therapy fees
  • Medical equipment needed to help you function as well as carry out daily tasks and obligations
  • Lost income and benefits due to your inability to work
  • Caregiving expenses if you need assistance and help throughout the day or night
  • Pain and suffering
  • Disability
  • Loss of quality of life
  • Loss of enjoyment of activities that you loved doing before the accident
  • Home modifications if you need to make any repairs or modifications to benefit your new life/ injury

How do insurance companies usually react to traumatic brain injury claims?

You may assume that insurance companies will be understanding, fair, and cooperative regarding traumatic brain injury claims. Unfortunately, this is usually not the case. Instead, insurance companies look at these claims and realize they will cost them a lot of money.

Therefore, they will put up an intense fight to lower the amount of money they have to give you by as much as possible.

While going through an arduous recovery and healing process, the last thing you should have to do is fight to get compensation for your accident and injuries. However, injury victims must often do this. This process can require several conversations, many back-and-forth convincing comments and evidence, and plenty of complicated arguments proving that the defendant is liable for your injuries and other losses.

These procedures may sound stressful and overwhelming, but a brain injury lawyer can step in and handle all communications with insurance companies. You can get back to your healing journey. At the same time, an attorney negotiates with the insurance company on your behalf and works diligently to secure fair and just compensation for your traumatic brain injury and other damages.

Traumatic brain injury claim

What if the insurance company denies my claim?

Insurance companies will try to blame you, find ways to get you to admit fault, and persuade you to state that your injuries are not serious. Insurance companies also deny claims, and it can frustrate and overwhelm you when they do.    

When the insurance company states that you do not have enough evidence, they will deny your claim. They know it can be extremely difficult to get substantial evidence to submit with your claim, and they may use this against you. When this happens, hire a brain injury attorney to increase your chances of obtaining the compensation you deserve.

How is the value of my traumatic brain injury claim decided?

Traumatic brain injury victims may want to know how much their case is worth, but there is no set amount of money you should plan or expect to receive for this type of claim. Each person’s case is individual, so the value of your case is likely completely different from another person’s.

An attorney will work with accountants, medical providers, physical therapists, and other professionals to decide the value of your traumatic brain injury claim. They will evaluate unique factors, situations, and circumstances during this process.

You lawyer will consider the following items when determining the amount of compensation you deserve:

  • The type of traumatic brain injury you have
  • How severe your traumatic brain injury is
  • How much your medical bills are due to the injury
  • The medical treatments you may need in the future
  • How long it will take you to heal from your traumatic brain injury
  • The amount of income you have lost
  • How long have you been out of work, and when you might go back, if you can work again at all
  • If the severity of your injury has caused you permanent disability in any way.

Should I take the first settlement offer from an insurance company?

The insurance company will likely want to settle with you as fast as possible after being involved in an accident that causes you to suffer a traumatic brain injury. While you may think this is a positive interaction, as you do not want to prolong the process and your bills continue accumulating, you should usually not take the first settlement offer you receive.

The insurance company knows that you are going through a rough patch in your life and hopes you will take the quick money they offer you even though it is much less than you deserve. Insurance agents receive training that encourages them to take advantage of individuals who are vulnerable during their healing journeys.

If you decide to take the first settlement offer from the insurance company, you cannot change your mind and eventually file a claim for more compensation. That said, you must show the proposal to an injury lawyer and ask if accepting it is a good idea. Your attorney will always have your best interests in mind. They will only provide legal advice that benefits you and your needs.

How a brain injury lawyer will fight the insurance company after a TBI for you

You may think you can save money and fight the insurance company alone after experiencing a traumatic brain injury. However, these cases can become complicated, so you should reconsider handling them independently.

When the legal battle becomes frustrating, stressful, and overwhelming, you can step back and allow your lawyer to take over and use their experience, knowledge, and skills to obtain the best outcome possible for your case. From beginning to end, a brain injury attorney will take the proper steps to fight the insurance company after your traumatic brain injury.

They will:

  • Properly and thoroughly investigate your accident and traumatic brain injury
  • Calculate and determine how much you should receive in compensation
  • Collect compelling evidence
  • Locate eyewitnesses and hire expert witnesses to provide statements
  • Communicate and negotiate with insurance companies
  • Prepare to go to court if necessary

Schedule a consultation with a traumatic brain injury lawyer today

Standing up against large insurance companies may seem intimidating and nerve-racking, but remember, you do not have to go through this process alone. An injury lawyer will advocate for you and your needs and ensure you receive the best compensation for your injuries and other losses.

The sooner you can get in touch with an attorney, the sooner you will have peace of mind, knowing that you are not alone in this and have a professional law firm by your side through all the obstacles and challenges that arise.