Fighting the Insurance Company After a TBI

Fighting the Insurance Company After a TBI

Fighting one or more insurance companies after a traumatic brain injury (TBI) is sometimes necessary. Unfortunately, this can be a challenging process in an already difficult time.

traumatic brain injury

Rather than genuinely compensating a TBI victim fairly, insurance companies often put their financial interests first. When this happens, attorneys must present undeniable cases seeking fair compensation for their clients.

Brain injuries can cost thousands to treat, as their name suggests, trauma for victims and their families. This means that plaintiffs who suffer TBIs often deserve large financial recoveries.

Allow a Virginia brain injury lawyer to fight for every dollar you deserve for injury-related damages from all applicable insurance companies.

Why Insurance Companies Fight TBI Claims

When someone with a serious injury suffers pushback from an insurer, the reason for the insurer’s resistance is often financial.

More specifically, your lawyer may have to fight the insurance company because:

  • Insurance companies always want to save money: Insurance companies are a business. Like any business, maximizing profit is a primary concern for insurers. Denying and lowballing claims from traumatic brain injury victims is one way for an insurer to save money.
  • Brain injuries can hurt an insurer’s bottom line: Treatment for a brain injury, as well as other damages caused by the TBI, can prove very expensive. When insurance companies are responsible for paying large sums to claimants, they may fight particularly hard to avoid a large financial loss.
  • Insurers may truly believe you don’t deserve the money you’re seeking: There are cases where insurance companies feel that they are in the right when denying compensation to those with a TBI. Your lawyer will work to prove that you deserve compensation, and the insurance company may ultimately agree to your attorney’s settlement demands.

Your brain injury attorney may quickly determine whether an insurance company is operating in bad faith or whether there is a genuine disagreement about the facts of your case. Either way, your legal team will work to resolve the problem and secure the compensation you deserve.

Tactics Insurers Use to Fight TBI Claims

TBI Claims

Traumatic brain injury lawyers are familiar with the challenges insurance companies present, which can include:

  • Blaming you for causing your injury
  • Causing intentional confusion about the details of insurance policies
  • Denying your insurance claim
  • Undervaluing your medical expenses
  • Claiming that you do not need certain medical care that you are seeking compensation for
  • Offering lowball settlements

Traumatic brain injuries can cause severe, long-term symptoms. The cost of your medical care may be astronomical, and insurance companies may work to avoid paying for your medical care. Your lawyer will determine exactly how much money you deserve and insist that insurers provide that sum.

Who Should Seek Compensation for a Traumatic Brain Injury?

Two primary categories of people may pursue an insurance claim or lawsuit because of a TBI, and they are:

  1. The individual who suffers the brain injury
  2. Surviving family members who lost a close loved one to a fatal TBI

A traumatic brain injury lawyer can lead an insurance claim, personal injury lawsuit, or wrongful death lawsuit for you. After evaluating your unique circumstances, your lawyer will advise you which course of action to pursue.

Types of Cases a Traumatic Brain Injury Lawyer Can Handle for You

Cases a Traumatic Brain Injury

Traumatic brain injuries can occur in many circumstances, and many of those circumstances warrant pursuing an insurance claim or lawsuit.

A lawyer can represent you after a:

  • Car accident
  • Motorcycle accident
  • Pedestrian accident
  • Rideshare accident
  • Truck accident
  • Slip and fall accident
  • Trip and fall accident
  • Medical malpractice event
  • Boating accident
  • Injury caused by a defective product

These are just some of the most common events that cause traumatic brain injuries. If you or a loved one suffered a brain injury in any other circumstance, a lawyer will evaluate your case.

Leading Reasons to Hire a TBI Lawyer to Fight Insurers

Those with traumatic brain injuries should prioritize their health. The effects of your injury may include debilitating pain, sensitivity to lights and sounds, headaches, and other ailments—such symptoms may make it difficult for you to handle an insurance claim or lawsuit.

TBI victims should always hire attorneys because:

  • They can’t handle the stress of a claim or lawsuit: Those with brain injuries may have memory issues, a low stress tolerance, and other challenges that prevent them from dealing with the insurance process. Even if you might otherwise be capable of handling an insurance claim, your injury may limit your abilities significantly.
  • They have no experience with TBI claims: Traumatic brain injuries are not common events. This may be your first experience with such a serious injury, so you may be unfamiliar with the TBI-related claims process. Such inexperience will be a disadvantage when seeking compensation for your injury.
  • They want a law firm’s financial assistance: A TBI lawyer will cover the cost of completing your claim. If you file a lawsuit, your law firm will pay for it, too. This upfront financial support may be a key reason for hiring a lawyer.
  • They value a lawyer’s experience and resources: While you may not have experience with traumatic brain injury claims, an experienced lawyer will be on the other end of the spectrum. Your attorney may have many years of experience seeking compensation for brain injury victims. Take advantage of this experience.

Everyone who hires a brain injury lawyer hopes the attorney will receive fair compensation for their damages. Additionally, a lawyer can provide peace of mind in the aftermath of your injury. Your law firm will handle every detail of your case so you can focus on recovery.

Services to Expect from Your Traumatic Brain Injury Lawyer

Traumatic brain injury attorneys take complete ownership of their clients’ insurance claims and lawsuits. The process of completing a TBI claim or lawsuit generally includes:

Establishing Liability for the Brain Injury

A law firm must establish who is financially liable for their client’s brain injury. Your lawyer will review witness accounts, evidence, and your own account of events to determine who owes you compensation.

Liability for the Brain Injury

Negligence is typically the liability standard in brain injury cases.

Someone is negligent when they:

  • Owe someone a duty of care
  • Violate their duty of care by engaging in unreasonable behavior
  • Cause harm through their breach of duty of care
  • Cause the victim to suffer damages

Even if someone is negligent, their insurance company may be obligated to pay for the cost of their negligence. However, if you file a lawsuit, the suit may name the negligent party as the defendant.

Securing Evidence of Negligence

Your lawyer will document how your brain injury happened, securing all relevant evidence in your claim.

Such evidence may include:

  • A video recording of the event that caused your brain injury
  • Eyewitness testimony about the circumstances of your TBI
  • Any incident report or police report that details your accident
  • Expert testimony about who is at fault for your TBI 

Each case involves different types of evidence. Your TBI lawyer will obtain every piece of evidence that strengthens your case.

Documenting the Effects of the TBI

Your legal team will become knowledgeable about the effects of your injury.

They will secure any documentation that illustrates your economic and non-economic damages, which may include:

Brain scans showing your injury
  • Brain scans showing your injury
  • Mental health experts’ documentation of your symptoms and diagnosis of conditions
  • Doctors’ diagnoses of your injuries and symptoms
  • Proof that you have been unable to work because of your TBI (and have lost income as a consequence)
  • Medical bills

A brain injury undoubtedly has a financial cost, but your injury will also affect you psychologically, emotionally, and physically. Your attorney will take a big-picture view of your damages and seek proof for all types of harm your TBI has caused.

Calculating the Value of Your Case

Your legal team will establish an exact case value based on your economic and non-economic damages. If your TBI will cause long-term distress, medical costs, or other damages, your lawyer will reflect such long-term damages in your case.

Negotiating with Insurance Companies

Your lawyer will lead settlement negotiations with insurance companies. They will bring all relevant information and documentation to negotiations. Your law firm should not advise you to settle for any settlement worth less than you deserve.

Pursuing a Lawsuit, if Necessary

Having a TBI lawyer means you can file a lawsuit if necessary.

If your lawsuit leads to a trial, your lawyer will:

  • Create a detailed strategy for succeeding at trial
  • Oversee discovery, depositions, and any other pre-trial processes
  • Present, question, and cross-examine witnesses
  • Present evidence supporting your case
  • Critique evidence presented by the defense
  • Make opening and closing arguments
  • Manage the other moving parts involved in a civil trial

You may leave your case in your lawyer’s hands. Trust them to fight for and secure the compensation you deserve. You can rest, recover, and receive the necessary treatment while your law firm takes care of your claim or lawsuit.

The Devastating, Costly Effects of Traumatic Brain Injury

There are several types of traumatic brain injuries, including penetrating and non-penetrating injuries. The specific details of your injury will be key in determining how the TBI will affect your life, but you may face:

Extensive Medical Treatment

Extensive Medical Treatment

Simply diagnosing a traumatic brain injury may require:

  • A neurological exam
  • A neuropsychological test
  • A CT scan
  • A blood test
  • Other procedures

Treating the injury will likely require more medical services, and your injury-related medical bills may mount quickly. When calculating your case value, your lawyer will consider emergency services, surgeries, hospital services, rehabilitation, and all other medical services.

Debilitating Pain and Suffering

The effects of a brain injury may include:

  • Changes in your personality
  • Mood fluctuations
  • Sensitivity to lights, sounds, and other sensations
  • Memory difficulties 
  • Sleep problems
  • Depression
  • Anxiety

These and other TBI-related symptoms can be described as pain and suffering; that is how your lawyer will describe them when seeking compensation from liable parties.

A Lengthy Rehabilitation

Recovery from your brain injury symptoms may require significant rehabilitation. You may also need mental health treatment as part of your recovery process. Your attorney will consider all rehabilitative measures you need after suffering a TBI.

Permanent Disability 

Some symptoms of traumatic brain injuries are disabling.

Those with disabling injuries may need:

  • Long-term replacement of lost income
  • In-home caregiver services
  • Medical equipment
  • Lifelong mental health services
  • Other disability-related items and services

Disabling injuries often affect loved ones as well as the person with the injury. Your lawyer will consider such secondary harm when evaluating your damages.

Recoverable Damages in Your TBI Case

Traumatic brain injury case

Your lawyer will boil your damages down to a specific list, which may include:

  • Healthcare expenses
  • Rehabilitation expenses
  • Pain and suffering 
  • Mental health treatment costs
  • Lost income
  • Diminished earning power

Your legal team will assign a precise financial value to each of these damages. They will present this calculation to insurance companies, civil defense lawyers, and any others with the power (and obligation) to compensate you.

When Is the Right Time to Hire a Traumatic Brain Injury Lawyer?

Now is the right time to hire a trustworthy traumatic brain injury attorney.

There is no time to wait because:

  • You face a deadline for filing a TBI lawsuit, and missing the filing deadline can mean missing your chance to secure a fair financial recovery.
  • Your lawyer will want to obtain all evidence to help your case, and certain evidence may have an expiration date.
  • You deserve to focus all your efforts on recovery, and you may only do that once you hire a lawyer.
Virginia Brain Injury Lawyer, Walter H Emroch
Virginia Brain Injury Lawyer Walter H Emroch

Brain injury victims do not have time to wait before receiving a financial recovery. Your legal team will work urgently to secure a settlement or verdict for you. With the many resources a lawyer will bring to your case, they will waste no time starting negotiations and resolving your case.

Can I Afford to Hire a Brain Injury Attorney?

Anyone with a TBI can afford a personal injury lawyer. Personal injury attorneys generally use contingency fee arrangements, which require the law firm to cover all case-related costs. Your traumatic brain injury lawyer will only receive a fee if they obtain compensation for you.

William B. Kilduff


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If you have been injured because of someone elses negligence, contact one of our experienced personal injury lawyers for a free consultation. For your convenience, Emroch & Kilduff has two office locations in Virginia: Richmond and Tappahannock.

Contact our offices today online or by calling (804) 358-1568 to schedule a free consultation, discuss the details of your injury, and determine the best path forward given your individual circumstances.

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