Suffering a brain injury can be devastating. The physical, emotional, and financial toll can be staggering, and dealing with an insurance company while trying to recover makes everything more difficult. You might assume your claim will be straightforward since medical records clearly show the severity of your condition, but insurance companies don’t operate on fairness. They focus on minimizing payouts, and they’ll use every tactic possible to limit what they owe you.
A traumatic brain injury lawyer will protect your rights and fight passionately against those who will try to deny you the money you have coming. Insurance companies count on claimants not knowing the true value of their cases, and they’ll throw roadblocks in your way to make you settle for less than you deserve. You need someone who will demand fair treatment, and that’s exactly what an attorney will do.
Insurance Companies Don’t Want to Pay What Your Brain Injury Claim Is Worth
An insurance adjuster may act like they’re on your side, but their goal is to protect the company’s bottom line. Brain injuries often require long-term treatment, rehabilitation, and ongoing medical care – making them expensive claims. The insurance company will look for ways to minimize what they owe you from the moment you file.
You might receive a seemingly reasonable settlement offer, but it won’t account for future medical expenses, lost income, or long-term care. Insurance companies count on injured people to accept these lowball offers before fully grasping their injuries' extent.
Once you take the money, you can’t ask for more. A personal injury lawyer will ensure you don’t fall into that trap. Your personal injury attorney will gather medical records, consult healthcare professionals, and demand compensation that covers everything you’ll need – not just now but years from now.
Shifting Blame to Avoid Paying
Insurance companies don’t stop at low offers. They’ll look for ways to shift blame, downplay your injury, and argue that your symptoms aren’t as severe as you claim. Some may try to say a pre-existing condition is responsible for your struggles, using it as an excuse to avoid paying what you deserve.
You need someone who will counter these tactics and hold them accountable. Your lawyer will collect the necessary evidence, including medical documentation and expert testimony, to prove the true impact of your injury. When insurance companies attempt to deny reality, your personal injury attorney will push back – making sure they can’t ignore the long-term consequences of your brain injury.
Insurance Companies Look to Delay or Deny a Claim
Insurance companies make money by keeping payouts low; one of their favorite tactics is delaying your claim. They know you’re dealing with financial stress, so they drag out the process, hoping you’ll get desperate enough to accept whatever they offer.
You might submit every document they request, only to be told they need more records or that your case requires additional review. While they stall, your medical expenses keep piling up, and the financial pressure mounts. The longer they delay, the more likely you are to accept less than you deserve just to get some relief.
A Lawyer Won’t Let Them Drag Their Feet
An attorney won’t allow the insurance company to play games with your future. A personal injury lawyer will push for timely responses and take legal action if necessary to prevent unnecessary delays. Insurers know they can’t get away with stalling tactics when an attorney is involved. They’re more likely to move faster and negotiate fairly when they realize they’re up against someone who understands the law and won’t back down.
Denials Are Another Common Tactic
If delaying your claim doesn’t work, the insurance company might deny it outright. They’re hoping you’ll give up and walk away. They may claim your injury isn’t covered, argue that your treatment isn’t necessary, or dispute your medical evidence altogether. It’s another strategy to protect their bottom line at your expense.
An attorney won’t let them get away with it. Your personal injury attorney will challenge unfair denials by submitting additional evidence, consulting medical experts, and making legal arguments the insurance company can’t ignore. If they still refuse to offer a fair settlement, your lawyer will take them to court, forcing them to face the consequences of their bad faith practices.
Your Settlement Needs to Cover More Than Immediate Medical Costs
A brain injury isn’t just about paying hospital bills. You could need months or even years of rehabilitation, and your ability to work might be permanently affected. A fair settlement must include more than what you’ve already spent – it needs to cover lost income, reduced earning capacity, and the ongoing cost of medical care.
Insurance companies don’t want to pay for long-term effects. They’ll acknowledge your hospital stay but try to avoid covering cognitive therapy, physical rehabilitation, or future treatments. Instead, they focus on immediate expenses, hoping you won’t push for more. They’ll cap their payout at what you’ve already spent, even if your medical needs and financial struggles last for years.
A Lawyer Will Fight for Full Compensation
A personal injury lawyer won’t let the insurance company get away with ignoring your future. Your attorney will work with medical experts to assess your long-term care needs, calculate your lost earnings, and determine the financial impact of your injury.
Insurance Companies Use Surveillance and Social Media to Undermine Your Claim
Once you file a claim, the insurance company may start watching you. Their goal isn’t to assess your needs fairly – it’s to find any excuse to minimize or deny your claim. They’ll monitor your social media accounts, looking for posts they can twist to argue that your injury isn’t as serious as you claim.
Insurance companies may even hire private investigators to track your daily activities. They’ll watch where you go, what you do, and who you interact with, hoping to catch you doing something they can use against you. Even if you’re following your doctor’s orders, they’ll look for any moment of physical activity to suggest you’re exaggerating your condition.
A Simple Photo Can Be Taken Out of Context
Social media gives insurance companies an easy way to misrepresent your injury. If you post a picture from a family gathering, they might argue that you’re healthy enough to socialize and enjoy life, ignoring the pain you felt afterward. If a friend tags you in a post, they could claim it proves you’re more active than your medical records suggest.
Even something as innocent as checking in at a restaurant or sharing an old photo could be used against you. Insurance adjusters will take anything they can and twist it to fit their narrative, trying to make it seem like you’re not as injured as you say.
How an Attorney Will Protect Your Claim
A personal injury lawyer knows how insurance companies operate and will warn you about these tactics. Your attorney will advise you on how to protect yourself, such as adjusting your privacy settings, limiting social media activity, and avoiding public discussions about your case.
If the insurance company tries to misrepresent your activity, your lawyer will fight back with solid medical evidence proving your condition's reality. They won’t let the insurance company use surveillance and social media manipulation to avoid paying you what you deserve.
Fighting for Compensation Takes Legal Firepower
Insurance companies have entire teams of lawyers whose sole job is to minimize payouts. They’ll use complex legal arguments, exploit technical loopholes, and rely on aggressive negotiation tactics to avoid paying full compensation. If you don’t have legal representation, you’re at a disadvantage before the fight even begins.
Leveling the Playing Field
A personal injury lawyer won’t let the insurance company push you around. They’ll handle all communication, ensuring adjusters don’t manipulate you into accepting less than you deserve. When insurers try to delay, deny, or undervalue your claim, your attorney will push back and demand a fair resolution. If the insurance company refuses to negotiate in good faith, your attorney will take them to court and ask them to answer for their actions.
Brain Injury Claims Are Complex
Brain injury claims involve complicated medical and legal issues, and insurance companies know how to exploit any weakness in your case. They’ll challenge medical diagnoses, question treatment plans, and argue that your symptoms aren’t as severe as you claim.
You need an attorney who understands their playbook and knows how to counter their tactics. A skilled lawyer will anticipate these strategies, gather compelling medical evidence, and shut down every attempt to undercut your claim before it costs you the compensation you need.
Settlements Don’t Always Reflect the Full Impact of Your Injury
Again, even if an insurance company presents a settlement that seems fair, it likely doesn’t account for everything you’re going through. Brain injuries don’t just lead to medical bills and lost earnings – they can change every aspect of your life. Your ability to enjoy hobbies, maintain relationships, and participate in daily activities may never be the same.
Pain and Suffering Matter
A brain injury can cause more than just physical pain. Emotional distress, cognitive struggles, and psychological trauma can affect your overall well-being. Insurance companies don’t willingly compensate for these non-economic damages unless you demand them. They focus on concrete costs, ignoring the emotional and mental toll of your injury.
Fighting for the Full Picture
A personal injury lawyer will include everything you’ve lost in your settlement – not just financial damages but the personal struggles insurance companies try to ignore. Your attorney will document your injury's emotional and psychological impact, ensuring you’re compensated for pain, suffering, and diminished quality of life.
The Pitfalls of a Brain Injury Claim
The insurer may act like it’s helping, but its goal is to minimize payouts. They’ll ask for excessive documentation, dispute medical reports, and question whether your injury is as severe as you claim. You need to avoid these pitfalls by hiring a personal injury attorney skilled in brain injuries. They will not allow you accept less just to move on.
Avoiding Pitfalls
A personal injury lawyer will handle the entire process, so you don’t have to. Your attorney will take over communication with the insurance company, preventing them from manipulating you or using your words against you. Instead of struggling to know what to say or not say, you’ll have an experienced advocate.
Your lawyer will collect medical records, consult specialists, and document how your brain injury affects every part of your life. When the insurance company tries to dispute the extent of your damages, your attorney will be ready with solid evidence to counter their arguments.
Brain Injury Claims Are Complicated
Brain injury cases involve complicated medical and legal issues; insurance companies will exploit any mistake or gap in your claim. A personal injury attorney can access the full value of your case and know how to fight for the long-term compensation you need.
An attorney understands how to calculate future medical costs, lost earning potential, and the emotional toll of your injury. With legal support, you don’t have to worry about missing deadlines, filing incomplete paperwork, or getting pressured into an unfair settlement. Instead, you can focus on getting better while your attorney fights for the fair compensation you have coming.
Please Don’t Hesitate to Get Legal Help
Time is critical after a brain injury. The insurance company will start working against you right away, looking for ways to minimize or deny your claim. If you wait too long to get legal help, you risk making mistakes that could cost you the compensation you need.
An experienced personal injury lawyer will protect your rights, gather the evidence needed to prove your claim and work to defeat attempts to delay or deny your case. Your attorney will ensure you receive compensation that accounts for your medical bills, lost income, and long-term needs.
Don’t wait and risk losing the financial support you deserve. Contact a personal injury lawyer for a free case review. The sooner you take action, the stronger your case will be. Call now and let an attorney fight for the full compensation you need to move forward.
Ashley Rae Rawlins
Founder and CEO - Rawlins Law Accident & Injury Attorneys, APC
Personal Injury Attorney
Author's Bio