Fighting the insurance company after suffering a traumatic brain injury (TBI) due to someone else’s negligence can be challenging. In fact, insurance companies often try to minimize payouts by downplaying an accident victim’s injury or questioning its cause. To ensure your rights are protected and you seek the compensation you are owed, it is important to gather strong evidence, including medical records and expert testimony, to support your claim.
Retaining an experienced personal injury lawyer can significantly improve your chances of securing fair compensation for your losses. A skilled TBI attorney can negotiate with the insurance company on your behalf and, if necessary, take the case to court to ensure you receive the justice and compensation you deserve.
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Types of Occurrences That May Result in a TBI
TBIs can have devastating effects, often leading to long-term physical and cognitive impairments. Various incidents resulting from the negligence of others can lead to such injuries:
- One of the most common causes of TBIs is motor vehicle accidents. Car, truck, and motorcycle collisions can all lead to severe head injuries, especially when the victim’s head strikes a hard surface, such as the steering wheel, dashboard, or pavement. Negligent behaviors like speeding, distracted driving, and driving under the influence are frequent contributors to these accidents. When a driver fails to drive safely, they put others at risk of serious injuries, including TBIs.
- Slip-and-fall accidents are another leading cause of TBIs. These incidents often occur on unsafe or improperly maintained property, where hazards like wet floors, loose carpeting, or uneven sidewalks are present. Property owners have a duty to keep their premises safe for visitors, and when they neglect this responsibility, serious falls can result. A person slipping and hitting their head on the ground or another hard surface can easily sustain a TBI, which can be life-altering.
- Sports-related incidents also contribute to the occurrence of TBIs. High-impact sports such as football, hockey, and boxing carry a significant risk, particularly when proper safety protocols are not followed. Coaches, trainers, and sports organizations are responsible for ensuring athletes wear appropriate protective gear and are trained in safe techniques. Failure to enforce these measures can lead to accidents that cause severe head trauma.
If you suffered a TBI in one of these occurrences, you should always consult with a knowledgeable personal injury lawyer in your area right away. Your TBI attorney can handle the legal components of your case while you focus on attending medical appointments and achieving a full recovery.
Seeking Ongoing Medical Treatment After a TBI
After suffering a TBI in an accident resulting from someone else’s negligence, getting the right medical treatment is key for your recovery. TBIs vary, and the type of treatment you need depends on the injury’s severity and the symptoms you experience.
- One of the first steps in treating a TBI is emergency care. If the injury is severe, you may need to go to the hospital immediately. Doctors will likely perform imaging tests like CT scans or MRIs to check for bleeding or swelling in the brain. In some cases, surgery may be necessary to relieve pressure on the brain or repair damaged tissue.
- For less severe TBIs, treatment may involve rest and monitoring. Rest is essential because it allows the brain to heal. You may be advised to avoid physical activities and, in some cases, even mental activities like reading or using electronic devices. This is because overexerting the brain too soon can worsen symptoms or delay recovery.
- After the initial treatment, ongoing care is often necessary. This treatment can include physical therapy, occupational therapy, and speech therapy. Physical therapy helps you regain strength and coordination, especially if the injury affects your movement. Occupational therapy focuses on helping you relearn daily tasks, like dressing or cooking, which may be challenging following a TBI. Speech therapy is necessary if the injury has affected your ability to speak, understand language, or swallow.
- Cognitive therapy is another important part of treatment for many TBI patients. A cognitive therapist works with you to improve memory, attention, and problem-solving skills that may have been affected by the injury. This therapy helps you regain mental functions that are essential for daily life.
- In some cases, medication may be prescribed to manage symptoms like headaches, mood swings, or seizures. These medications can help control symptoms while you recover, making it easier to focus on rehabilitation.
- Finally, psychological support is often necessary, as TBIs can lead to depression, anxiety, or other emotional challenges. Seeing a counselor or psychologist can help you cope with these issues and improve your overall well-being.
All of this treatment can be extremely costly and may lead to financial burdens. An experienced TBI attorney in your area can handle the legal steps of your case while you attend medical appointments and focus on making a full recovery. Your TBI lawyer can then pursue the compensation you need for your medical expenses, both past and future.
Proving a TBI in a Personal Injury Claim or Lawsuit
Proving a TBI in a personal injury claim or lawsuit is essential for obtaining compensation. TBIs are often complex and not always immediately apparent, so thorough evidence is necessary to establish the injury and its effect on the victim’s life.
- The first step in proving a TBI is demonstrating that the injury occurred due to someone else’s negligence, which involves showing that the at-fault party had a duty to act with reasonable care, that they breached this duty, and that this breach directly caused the accident resulting in the TBI. For example, in a car accident case, you will need to prove that the other driver was negligent by speeding, texting, or otherwise failing to follow traffic laws.
- Once negligence is established, you must provide evidence that a TBI occurred as a direct result of the accident. Medical records are the most vital type of evidence in proving a TBI. These records should include documentation from doctors, neurologists, and other healthcare providers who diagnosed and treated the injury. Imaging tests, such as CT scans and MRIs, can be particularly important, as they can reveal physical changes in the brain, such as bleeding or swelling.
- In addition to medical records, expert testimony often plays a key role in TBI cases. A medical expert, such as a neurologist or neuropsychologist, can explain the nature of the injury, its severity, and the long-term effects it may have on you. This testimony can help the court understand the consequences of the TBI, which may not always be visible or obvious.
- It is also important to gather evidence that shows how the TBI has affected your daily life. Testimony from family members, friends, and coworkers can be valuable in illustrating changes in your behavior, personality, or ability to perform everyday tasks. This type of evidence helps establish the emotional and psychological toll of the injury, which is important for calculating non-economic damages, such as pain and suffering.
- In some cases, neuropsychological testing may be necessary to assess cognitive impairments resulting from the TBI. These tests can provide objective evidence of difficulties with memory, concentration, problem-solving, and other mental functions.
- Finally, you must prove the extent of your damages, including medical expenses, lost income, and future care costs. Financial documents, such as bills, pay stubs, and expert testimony about future care needs, can help support your claim for compensation.
This evidence is essential for establishing the injury’s severity and securing fair compensation.
Fighting the Insurance Company for You in a TBI Case
When dealing with a TBI case, navigating the complex world of insurance claims can be overwhelming. A knowledgeable personal injury lawyer is crucial in helping you fight the insurance company and securing the compensation you deserve.
A skilled TBI attorney can handle all communication with the insurance company. Insurance adjusters are trained to protect the company’s bottom line, often by minimizing payouts or denying claims altogether. They may try to downplay the severity of your injury or argue that it was pre-existing. A lawyer can counter these tactics by presenting strong evidence and advocating on your behalf.
A knowledgeable personal injury attorney will also thoroughly investigate your case. This investigation includes gathering medical records, consulting with medical experts, and collecting other evidence that supports the extent of your injury and its effect on your life. By building a strong case, your attorney can demonstrate to the insurance company that your claim is valid and that you are entitled to full compensation.
When it comes to negotiating a settlement, your attorney’s experience is invaluable. Insurance companies often make lowball offers to settle claims quickly and cheaply. A skilled lawyer knows the true value of your case, considering not only your current medical expenses and lost earnings but also future costs, such as ongoing medical care and loss of earning capacity. With this knowledge, your attorney can push back against inadequate offers and negotiate for a fair settlement that reflects the full extent of your losses.
If the insurance company refuses to offer a fair settlement, a knowledgeable attorney will not hesitate to take your case to court. They will prepare for trial by gathering additional evidence, deposing witnesses, and presenting expert testimony. A well-prepared case can often pressure the insurance company to settle before the trial begins. However, if the case goes to court, your lawyer will advocate for you to secure a favorable verdict.
Recoverable Compensation for Damages Resulting from a TBI
When you suffer a TBI due to someone else’s negligence, you may be entitled to compensation for various losses called “damages”. This compensation is meant to cover your financial losses, as well as the physical and emotional pain that the injury caused.
- Medical Expenses – One of the primary damages you can recover compensation for is for medical expenses. TBIs often require extensive treatment, including emergency care, hospital stays, surgeries, rehabilitation, and ongoing therapy. You can seek compensation for both your past medical bills and any future medical expenses that are necessary due to the TBI. These expenses include costs for doctor visits, medications, physical therapy, and any specialized care or equipment you may need, such as a wheelchair or home modifications.
- Lost income – If your TBI has caused you to miss work, you can recover lost earnings. This compensation covers the income you have already lost due to being unable to work while recovering. If the TBI has resulted in a long-term or permanent disability that prevents you from returning to your previous job, you can also seek compensation for future lost earnings. This is sometimes referred to as “loss of earning capacity,” which considers how the injury affects your ability to earn income in the future.
- Pain and Suffering – Pain and suffering compensation is another critical type of recovery in a TBI case. This type of compensation is meant to address the physical pain and emotional distress that the TBI caused. TBIs can lead to significant mental and emotional challenges, such as depression, anxiety, and mood swings, which can drastically affect your quality of life. The amount you can recover for pain and suffering often depends on the severity of your injury and how it has affected your daily life.
- Loss of Enjoyment of Life – In addition to pain and suffering, you may also be compensated for the loss of enjoyment of life. A TBI can prevent you from participating in activities you once enjoyed, such as hobbies, sports, or spending time with family and friends. This type of compensation recognizes the repercussions of the injury on your ability to live a fulfilling life.
The compensation for various damages aims to address the full effect of the injury on your life and help you recover both financially and emotionally.
Talk with an Experienced Personal Injury Lawyer Today
If you or a person you love suffered a TBI in an occurrence that resulted from someone else’s negligence, a skilled personal injury attorney can handle every step of your claim or lawsuit, answer your questions, and help you make important decisions throughout the process.
