Fighting the Insurance Company After a TBI

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Suffering a traumatic brain injury (TBI) can be a life-altering event. From physical limitations to emotional trauma, the consequences of a TBI can be devastating for both the victim and their family.

In addition to dealing with the challenges of recovery, individuals must also navigate the complex process of filing an insurance claim to receive the compensation they deserve.

Unfortunately, insurance companies are notorious for trying to minimize settlements, making it essential for TBI victims to understand their rights and how to protect them.

This blog will explore the significant losses caused by TBIs, the tactics insurance companies use to minimize settlements, and how victims can fight back to get the compensation the law entitles them to.

If you or someone you love has suffered a TBI, you should call a brain injury lawyer near you as soon as you can. A lawyer will protect your rights and ensure the insurance company treats you fairly.

What Kinds of Accidents Can Cause TBIs?

Virtually any type of accident that has the potential to result in physical harm can cause a TBI. That said, TBIs are more common in some accidents than they are in others.

Some of the accidents that have a high potential to cause TBIs include:

Importantly, any time you hit your head in an accident, you should seek medical attention. This is true even if you do not think your injury is serious. In many cases, the symptoms of brain injuries are hard to spot. Failing to seek medical attention after an accident can jeopardize your health and legal rights.

TBIs Can Cause Significant Losses

When an individual suffers a traumatic brain injury, the impact on their life can be profound. From physical impairments to cognitive and emotional challenges, the losses victims incur can be tremendous.

Some of the economic and non-economic losses that TBI victims often incur include:

  • Medical bills
  • Ongoing rehabilitation costs
  • Loss of income
  • Increased stress, anxiety, and depression
  • Lost enjoyment of life

These losses may sometimes add up to hundreds of thousands or even millions of dollars. With so much on the line, victims and their families should be certain to retain legal counsel as soon as possible.

Insurance Companies Want to Minimize Settlements

Despite the undeniable impact of TBIs, insurance companies often put up a fight when it comes to paying out fair settlements. Their primary objective is to protect their profits and minimize their financial liability.

To achieve this, insurance companies employ various tactics that can make the claims process frustrating and overwhelming for TBI victims. You need a TBI lawyer to effectively combat these tactics.

Delays in Claims Processing

Man's hand signing a document application form.

One common strategy insurance companies use is to delay the claims process as much as possible. They may request multiple rounds of documentation, require additional medical examinations, or simply fail to respond promptly to inquiries. By dragging out the process, insurance companies hope TBI victims will become frustrated and settle for a smaller settlement to receive some compensation quickly.

Denial of Liability

Another tactic insurance companies employ is denying liability altogether. They may argue that the TBI was pre-existing or not caused by the accident in question. Such denials can challenge the credibility of the TBI victim and force them to fight for their rights even harder.

Undervaluing the Claim

When settling claims for TBIs, insurance companies often underestimate the extent of the losses incurred. They may dispute the severity of the injury, downplay the impact on the victim’s life, or undervalue the long-term consequences. By doing so, insurance companies can minimize the settlement amount and save money.

Pressuring TBI Victims to Settle

Insurance companies are skilled at exploiting the vulnerability of TBI victims. They may use aggressive negotiation tactics or psychological pressure to push for an early settlement. They know that victims often face mounting medical bills and financial strain, making them more susceptible to settling for less than they deserve.

How Victims Can Protect Their Rights

Fighting the insurance company after a TBI can be challenging, but TBI victims can take certain steps to protect their rights and ensure they receive the compensation they deserve.

Seek Legal Representation

One of the most effective ways to level the playing field when dealing with insurance companies is to seek the assistance of a qualified brain injury attorney.

These professionals have extensive experience in handling TBI claims and are well-versed in the tactics employed by insurance companies. They can navigate the complex legal process, gather the necessary evidence, and negotiate with the insurance company on the victim’s behalf.

Document Everything

TBI victims should maintain a thorough record of all medical treatments, expenses, and any other losses incurred due to the injury. This documentation will build a strong case and demonstrate the true impact of the TBI.

Maintaining open communication with healthcare providers is essential, as is ensuring they accurately record all medical reports and assessments.

Do Not Accept the First Offer

Insurance companies often make low initial settlement offers to see if the TBI victim will accept. Victims need to consult with their attorney before accepting any offers. Experienced brain injury attorneys will better understand the value of the claim and can negotiate for a fair settlement that truly reflects the losses incurred.

Prepare to Litigate

While the parties to a TBI claim usually settle out of court, insurance companies sometimes refuse to offer a fair settlement. In such cases, TBI victims must be ready to take the case to court. Having a skilled attorney by their side will significantly increase their chances of success in litigation.

Contact a Brain Injury Attorney Near You Today

William Pemberton, Personal Injury Lawyer
William Pemberton, Traumatic Brain Injury Lawyer

If you or a loved one has suffered a TBI, always have a trusted advocate on your side. A personal injury attorney will understand your challenges and fight vigorously to protect your rights.

Don’t let the insurance company diminish your rightful compensation. Take action today and retain an experienced brain injury attorney to represent you.

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