Fighting the Insurance Company After a TBI

by Paula A. Wyatt | March 6, 2024 | Blog, Brain Injuries | 0 comments

Fighting the Insurance Company After a TBI

When people or companies are negligent or irresponsible, incidents such as motor vehicle accidents, property-related accidents, pedestrian accidents, and defective product malfunctions can occur. As a result, accident victims may suffer severe injuries, including traumatic brain injuries (TBIs).

Fighting the Insurance Company After a TBI

If you or someone you love sustained a TBI due to someone else's negligence, you may be eligible to receive monetary compensation. An experienced San Antonio brain injury lawyer in your area can investigate the circumstances surrounding your occurrence and file the appropriate claim or lawsuit on your behalf. Your lawyer can represent you during settlement negotiations and legal proceedings and pursue the financial compensation you need to become whole again.

TBIs are complex injuries that can alter your life for weeks, months, or permanently. Never try to handle the injury claim process alone while dealing with a brain injury. Always seek a free case evaluation with an attorney ready to fight the insurance company for you.

Why Insurance Battles are Common in TBI Claims

Insurance companies often challenge the severity of traumatic brain injuries, making it difficult for victims to easily receive the compensation they deserve. TBIs are invisible injuries, so they are not as apparent or immediately understandable as a fracture or laceration. This makes it challenging for victims to explain the true effects of the injury.

Dealing with Insurance Company

As a result, insurance companies may downplay the severity of the injury, making it harder for claimants to receive the settlement they need. A brain injury lawyer can present evidence of the TBI’s effect on the victim’s life and their losses to support the full compensation they are demanding for their injury.

Further, the effects of a TBI can vary widely from case to case. Some people may experience headaches or brief memory problems, while others may face more severe cognitive impairments or physical disabilities. While symptoms can differ, they can all have effects on a victim’s life and should not be compared to other TBI victims.

The symptoms of a brain injury can also come and go, making it even more challenging to prove the effect it has on a person's daily life. One day, an individual with a brain injury may seem perfectly fine, while the next day, they may struggle with memory loss or difficulty concentrating.

Insurance companies may argue that these fluctuations in symptoms prove that the injury is not severe enough to warrant compensation, adding to the frustration and stress that claimants face when dealing with insurance claims.

TBIs can also turn into much worse conditions over time. Sometimes, the initial symptoms of a brain injury may seem minor, such as a headache or dizziness, leading individuals to believe that they will recover quickly and easily. However, as time goes on, seemingly mild brain injuries can progress into much more serious conditions, causing significant disruptions to a person's life.

Insurance companies may use the initial mild symptoms as justification to deny or limit the compensation without considering the potential long-term consequences.

Dealing with insurance battles can be overwhelming and emotionally draining for individuals seeking compensation for a traumatic brain injury. Anyone who needs to file a TBI claim must have the support and guidance of an experienced attorney who understands the challenges of these cases.

The right attorney can take on the fight against the insurance company, presenting evidence of the true extent of the injury and losses. They can aggressively negotiate with insurance companies and advocate for the victim's rights, ensuring they receive the compensation they deserve.

Insurance battles are all too common in TBI claims due to the challenges of proving the severity of these invisible injuries. The effects of TBIs can vary widely, come and go, and even seemingly mild TBIs can worsen over time. In this position, always seek the assistance of a knowledgeable brain injury attorney to go to battle and fight insurers following an accidental brain injury.

Accidents that Commonly Cause TBIs

Negligence can lead to many TBIs, leading to many scenarios such as premises accidents, defective products, and motor vehicle accidents.

Injured in motor vehicle accidents

Premises accidents, a common source of TBIs, arise when property owners fail to maintain a safe environment. Slip and falls can cause severe head injuries, as victims might hit their heads on the ground or nearby objects when they fall. Failure to address hazards that cause falls can result in devastating consequences for victims.

Defective products pose another significant risk, with manufacturers' negligence often leading to accidental TBIs. Products ranging from malfunctioning consumer electronics to poorly designed safety equipment can cause serious head injuries. Manufacturers are responsible for ensuring the safety of their products, and when they fall short, individuals may suffer traumatic brain injuries.

Motor vehicle accidents are another leading cause of TBIs, including car and truck accidents, bicycle accidents, motorcycle accidents, and pedestrian accidents. Car accidents, often due to reckless driving or other traffic violations, can result in severe head injuries for occupants. Similarly, truck accidents, typically more catastrophic due to the size and weight of the vehicles, can lead to life-altering TBIs.

Bicycle accidents involving collisions with vehicles or hazardous road conditions contribute to TBI statistics. Cyclists face an increased risk of head injuries, even if they wear safety helmets. Helmets cannot always protect the brain from damage when cyclists suffer head trauma in a crash. Motorcyclists are in a similar situation, as their helmets are also not 100 percent protective.

Pedestrian accidents, often resulting from distracted driving or failure to yield, frequently lead to TBIs. Pedestrians have no protection in a collision, making them completely vulnerable to severe head injuries when involved in accidents.

Negligence in various contexts can culminate in traumatic brain injuries, affecting victims in varying ways. The important thing is that victims recognize when someone should be liable for their TBIs and seek the compensation they deserve. This requires the right representation from a brain injury lawyer who understands the nature of this complex injury.

Medical Treatment for TBIs

When someone sustains a TBI due to another party's negligence, the necessary medical treatment becomes not only a health imperative but also a legal and financial consideration. The range of treatments varies based on the severity of the injury and may include immediate interventions and long-term rehabilitation.

Medical Treatment for TBIs

In the immediate aftermath of a TBI resulting from negligence, emergency medical care is critical. Surgical procedures may be necessary to address bleeding and pressure or to remove damaged tissue, ensuring the best possible outcome for the victim. The goal is to stabilize the patient, alleviate pressure on the brain, and prevent further harm.

Managing short-term consequences of TBI often involves a comprehensive medical approach. Hospitalization is common, allowing for close monitoring and a fast response to complications. Neurological rehabilitation begins early, encompassing physical therapy to regain motor skills, occupational therapy to relearn daily tasks, and speech therapy for communication challenges.

Medication management is crucial in the short term, addressing pain, preventing seizures, and managing symptoms associated with the injury. Rehabilitation specialists work collaboratively to create tailored plans that address the specific impairments resulting from the TBI.

Long-term consequences of TBIs due to negligence extend beyond the immediate recovery phase. Persistent cognitive challenges, including memory loss and difficulty concentrating, may require ongoing cognitive rehabilitation. Emotional and behavioral changes such as mood swings, anxiety, or depression may necessitate long-term psychological support.

Physical consequences may linger, necessitating extended physical therapy and adaptive strategies to cope with chronic headaches, dizziness, or balance issues. Seizures, a potential long-term consequence, may demand continuous medication management.

Beyond medical considerations, prompt diagnosis and treatment are key for legal and financial reasons when a TBI results from someone else's negligence. Seeking compensation for medical expenses, ongoing care, and potential loss of income is often necessary to alleviate the burden on the victim and their family. Victims must have medical records proving the nature of their TBI and the treatment they require.

Anyone with a TBI should ensure their health is stable first and then seek the legal help they need from a TBI attorney.

Compensation for TBIs

Compensation for TBIs

When an individual suffers a TBI due to another party's negligence, the legal system provides avenues for recovering damages to address the physical, financial, and emotional toll the injury has inflicted. This consists of compensation for economic, non-economic, and (depending on the circumstances of the case) punitive damages.

Economic Damages

  • Compensation typically includes reimbursement for all medical expenses related to the TBI. This encompasses initial emergency medical care, hospitalization, surgical procedures, rehabilitation, medication costs, and any ongoing medical treatments required.
  • Victims of TBIs may also face a significant disruption to their work and earning capacity. Compensation aims to address income lost during recovery and, if applicable, future earning potential that the accident has diminished due to cognitive or physical limitations resulting from the injury.
  • In motor vehicle accidents or incidents involving personal property damage, the injured victim may pursue compensation for repair or replacement costs. This extends to vehicles, personal belongings, or other similar property. 

Non-economic Damages

  • Non-economic damages, such as pain and suffering, are also compensatory. TBIs can result in significant physical distress, and compensation seeks to provide redress for this intangible hardship the victim has endured.
  • Emotional distress resulting from a traumatic brain injury may also be eligible for compensation. This includes psychological trauma, anxiety, depression, or other emotional challenges the victim experienced in the aftermath of the injury.
  • In some cases, compensation may extend to the repercussions of the TBI for the victim's relationships. Loss of consortium addresses the strain the injury places on the victim's ability to maintain relationships with family members or a spouse.

Punitive Damages

In situations where the conduct that caused the injury was particularly egregious or malicious, the victim may be eligible for punitive damages. These damages seek to punish the at-fault party and deter similar conduct in the future.

Throughout the legal proceedings, the goal is to secure a comprehensive compensation package that accounts for the full spectrum of damages the TBI victim has suffered. The awarded compensation seeks not only to alleviate immediate financial burdens but also to provide ongoing support for the enduring consequences of the injury, acknowledging the broader effects on the victim's life.

What Happens if Your Lawyer Cannot Obtain a Fair Settlement Offer for Your TBI?

Fair Settlement

Even if you have a skilled TBI lawyer who goes to battle for you against insurance companies, the insurer can still refuse to cooperate and acknowledge the extent of your injury and losses. So, what happens if your lawyer cannot obtain the settlement you deserve?

In such cases, your attorney will explore alternative options to pursue justice on your behalf. This may involve taking your case to trial. While it is not always the desired outcome, sometimes litigation becomes necessary to achieve a just and adequate resolution. Your attorney will gather all the necessary evidence, consult with medical professionals, and present a strong case to the court.

During the trial, your lawyer will advocate for your rights and fight to prove the negligence and liability of the party responsible for your brain injury. They will also present evidence to demonstrate the full extent of your damages, including medical bills, lost income, pain and suffering, and future medical expenses. The goal is to convince the jury or judge that you deserve fair compensation for the physical, emotional, and financial hardships you have endured.

While the prospect of going to trial may seem daunting, remember that your attorney will be there every step of the way, guiding you through the process and providing the support you need. They will navigate the legal system on your behalf, ensuring you have the best chance of obtaining a favorable outcome.

San Antonio Brain Injury Attorney
San Antonio Brain Injury Attorney, Paula A. Wyatt

Call an Experienced TBI Lawyer Today

If you suffered a TBI due to someone else's negligent behavior, an experienced personal injury attorney can be an invaluable help. Your attorney can represent you throughout your case, advocate on your behalf, or litigate your case in the state court system, pursuing the maximum monetary compensation available.

Never wait to seek the legal support you need following a TBI. Consult a brain injury attorney for free as soon as possible.


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