A traumatic brain injury is one of the worst things that can happen after an accident. A brain injury can range from mild to severe. People with these injuries often lose consciousness for a few minutes or a few hours. They may have a headache that will never go away, or they may have recurring intense headaches, memory loss, and trouble speaking,
Traumatic brain injury is often the result of a car accident, a construction accident, or even just an ordinary slip and fall. If the negligence of another person caused your accident, you should file an insurance claim to help pay for your bills.
When you file an insurance claim, the insurance company will assign your case to an adjuster. The adjuster will look at all the evidence in the case and decide whether or not you should get a settlement. If they believe you should get a settlement, they will decide how much money the company offers you. Before accepting the amount of money they have for you, you should talk to a personal injury attorney specializing in traumatic brain injury settlements.
Table of Contents
Why You Should Not Accept The First Settlement An Insurance Company Offers You
Insurance adjusters are employees of insurance companies, which are for-profit businesses. They want to keep their money in-house, and sometimes they use questionable methods to accomplish this.
When you first suffer a blow to the head, you will likely be taken to the hospital for an x-ray. You may also get an MRI or CT scan and in some cases, you may need surgery.
An insurance company may have a hard time refusing to pay for those initial bills. However, head injuries are not always immediately apparent. Even if a doctor discovers damage from an injury, they may not understand the extent of it right away. Some brain injuries can progress over time.
Insurance companies will often attempt to deny clients money for future treatment. They may claim that you did something to make your condition worse or that the injury was not related to your accident.
A professional injury lawyer will be aware of the tricks insurance companies might use to get out of paying you. They have advanced knowledge of head trauma and the kinds of treatments that are necessary to treat it. They will have relationships with neurologists and physical therapists who know what kind of treatment you need to get better.
A personal injury attorney can negotiate with the insurance adjuster to get you a fair settlement. In the event that they are not able to reach a settlement, a professional attorney can represent you in court. They may have a team of paralegals and legal researchers who will do everything they can to prove that you need a certain amount of money to get better. An attorney can even call expert witnesses to explain your injury to a jury in layman’s terms.
They can get mental health professionals to testify that your life and emotional health have been affected by your accident.
How You Can Help Your Case
Any good personal injury attorney will research every case thoroughly. However, there are some things you can do to make your attorney’s job easier. When you have a traffic accident, you should:
- Contact the police and wait until they arrive.
- Take pictures of all the cars involved in the accident and the road.
- Get the names of anyone who may have seen the accident as well as their phone numbers.
When an ambulance arrives at the scene, you should always let the EMTs examine you. You should never deny treatment if it is offered, and if they tell you that you need to go to the hospital, you should do so. If you do not, your refusal can be used against you when negotiating your insurance claim.
Make a copy of every medical bill you have and ask your doctors and physical therapist to write a full report. It is a good idea to see a psychiatrist after you have had a brain injury because they can write a report on your mental state. You should also keep a journal about your daily life and how it has changed since your accident. People who have suffered head injuries are often entitled to non-economic damages for pain and suffering. A person’s quality of life might be deeply affected after head trauma.
If you have lost your job because of your injuries or if you have missed time from work to get treatment, you should have your employer write a letter stating the amount of money you have lost and the effect your absence has had on the company.
People with head injuries are often unable to perform basic tasks around the house. If you need maid service due to your injuries, you should save the bills from those services.
What to Look For in an Attorney
Look for an attorney with many years of experience representing injured clients in your state. They should have a proven track record of winning settlements for their clients. They should also be members of several professional organizations and have an excellent reputation with the state bar. Be sure to ask them if they can provide references.
Any good injury lawyer will offer a free consultation and should work on a contingency basis, meaning they only get paid if they win your case. Ask how big their staff is and how many cases they are currently working on. You want to make sure your attorney has time to handle your case.
Getting injured in an accident is a terrible experience. It is even worse if you suffer head trauma. A good attorney and a well-documented insurance claim are key to getting the money you deserve.