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Fighting the Insurance Company After a TBI

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April 15, 2024 Insurance, Personal Injury

Suffering a traumatic brain injury (TBI) is a life-altering experience riddled with physical, emotional, and financial upheaval. The complex world of insurance claims can further complicate things, often leaving victims and their families grappling with settlements that severely undervalue their suffering.

As a TBI victim or family member, you can protect your rights by understanding the complexities surrounding a TBI, its implications, and how to navigate post-TBI interactions with insurance companies.

If you or a family member suffered a TBI because of another party’s negligence, you have legal rights that may entitle you to compensation. A TBI can cause overwhelming burdens and financial strain as you try to meet the medical expenses necessary to support your recovery. A Denver brain injury lawyer can represent you in a claim to fight for the compensation you deserve.

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Understanding TBIs


A TBI is a highly complex neurological condition that can cause a host of cognitive, physical, and emotional symptoms. These symptoms can range from headaches, confusion, and dizziness to seizures, unconsciousness, and memory or concentration problems. It may also cause psychological issues, such as depression and anxiety, resulting in significant challenges with mood and behaviors.

Fighting the Insurance Company After a TBI

The accident’s force, the injury’s location, and the victim’s health before the accident can all influence the severity of the TBI, and the possibility of recovery.

This spectrum of possible outcomes, coupled with the fact that TBI symptoms may not manifest until days or weeks after the injury, makes it a challenging condition to diagnose and treat. Accurate diagnosis and early intervention can significantly improve the victim’s prognosis and quality of life.

Common Negligent Accidents Leading to TBIs

Common examples of negligence that can lead to a TBI include:

Determining liability in these cases can be complex but essential for securing appropriate compensation. Proving liability in a brain injury case requires a careful investigation of the accident circumstances, establishing the duty of care owed by the negligent party, proving a breach of that duty, and demonstrating that the breach directly led to the TBI.

An experienced TBI attorney can navigate these challenging processes, gather evidence, interview witnesses, and liaise with medical professionals to build a strong case for an insurance claim or lawsuit.

The Aftermath of a TBI on a Victim’s Life

The widespread effects of a TBI are profound and extend far beyond just physical symptoms. It can significantly diminish the quality of life of a victim and their family.

TBIs can cause severe cognitive issues that might interfere with the victim’s ability to resume work. This can lead to job loss or the ability to only work part-time or in a less demanding role with less earning capacity.

The resulting income loss is a significant emotional and financial blow. If the injuries result in permanent damage, the individual may never fully regain their ability to earn a living and care for themselves.

The lifestyle changes necessary for TBI victims can also be substantial. Many victims require physical, occupational, or speech therapy. Depending on the severity of the injury, some may need full-time care or assistive devices for day-to-day tasks. Family members, when available, endure the brunt of the responsibilities and stresses of providing the necessary care, often sacrificing aspects of their own lives to support the victim.

TBI victims also often experience a decline in their personality or emotional health. Mood swings, anxiety, depression, and other mental health issues are common, upsetting not just the victim but also their relationships with family and friends. Strained relationships and changing dynamics between the victim and their support system can cause additional suffering.

Medical bills associated with TBI care can be significant. Hospital stays, ongoing therapy, prescription medications, medical equipment, and routine check-ups can accumulate with time and present a substantial financial burden.

The aftermath of TBI can completely derail a victim’s life, creating significant upheaval and requiring substantial adjustments to their lifestyle and routines. The devastating financial implications can require compensation for the victim’s recovery and living expenses.

Dealing With Insurance Companies

Insurance companies should provide financial assistance to the victim in personal injury cases, including TBIs, after an accident. Insurance policies should cover medical bills, therapy and rehabilitation costs, income loss due to inability to work, and even damages for pain and suffering.

However, as businesses look to minimize their payouts, insurance companies often undervalue claims or deny them outright. The opposing interests between an insurer and a victim can make reaching a fair resolution difficult, and the victim may need to fight to receive the compensation they deserve.

Understanding Insurance Policies and Coverage

Every insurance policy is unique, so to file a claim correctly, you must understand the terms of your policy. Terms relating to coverage limits, deductibles, and exclusions are all relevant to your case.

Understanding these details can prepare you for what to expect from your insurer and identify any attempts to underestimate your claim. A TBI lawyer can review your policy to discuss what compensation you can recover.

Common Challenges When Dealing With Insurance Companies

Many victims face hurdles when dealing with insurance companies. These often include delays in settlement, low-ball settlement offers, aggressive insurance adjusters, and the unreasonable denial of claims.

A lack of understanding of insurance complexities frequently feeds into these challenges. TBIs are regularly a source of contention for insurers who may minimize the severity of the brain injury and the future effects the injury can continue to have on your life.

You need to hire a TBI attorney to represent you when facing these obstacles. A lawyer can negotiate with the insurance company, protecting your rights and pursuing the full compensation you deserve based on your unique circumstances and the specifics of your insurance policy.

Tips for Fighting an Insurance Company After a TBI

After a TBI, the last thing you want to worry about is fighting with insurance companies. A fight is, unfortunately, often a reality for many victims and their families. Insurance companies do not make the claims process easy for victims to pursue and succeed alone. Your lawyer can, however, effectively manage insurance companies and fight for the appropriate compensation while protecting your interests.

Importance of Documentation and Evidence

The first step in any TBI claim is to document everything. This includes the accident’s circumstances, medical bills, and even the slightest details about your injury and recovery.

Every piece of evidence can contribute to a stronger case against the insurer. Get a medical professional’s comprehensive report on the extent of the injury. This detailed information can prove the severity of your condition to the insurance company and how the injury could permanently affect your life.

Communicating Effectively With Insurance Companies

Communicating with insurance companies requires care and precision. Remember, every conversation with them might have a detrimental or unintended effect on your claim. Always insist on written communication for documentation purposes.

Never communicate with the insurance company about your medical injuries. Let your TBI lawyer do so. They can take on all claim communications and avoid any missteps that can hurt your claim.

Contact a TBI Lawyer for Help

One of the most effective steps you can take following an accident resulting in a TBI is to hire a TBI lawyer who can handle the insurance company on your behalf. They can help you understand your rights, review your policy, collect the necessary documentation, and negotiate with the insurance company.

An experienced TBI lawyer can immensely reduce stress, increase the likelihood of reaching a successful and beneficial resolution, and allow you to focus on your recovery.

The Role of Personal Injury Lawyers in TBI Cases

During the emotional, physical, and financial turmoil that follows a TBI, dealing with insurance companies can add another layer of complexity and strain. You need a personal injury lawyer experienced in TBI cases.

Personal injury lawyers possess in-depth knowledge of tort law, including negligence, accident cases, and insurance challenges. They understand the intricacies of dealing with insurance companies and can secure crucial evidence, organize pertinent medical records, and negotiate assertively on your behalf.

A TBI lawyer’s role might also extend into facilitating communication between various parties, organizing therapeutic resources, and, when necessary, litigating in court to secure the rightful compensation for victims.

The Benefits of Having Legal Representation in TBI Cases

Legal representation in TBI cases can significantly increase your chances of securing a fair settlement. Lawyers can effectively counter the tactics used by insurance companies to undervalue your claim. They can leverage their skills and experience to ensure that your claim fully reflects the extent of the damage and the effects on your future life.

A TBI lawyer can also remove the burden of dealing with insurance from the victim and their family. This allows them to focus on recovery and rehabilitation, which is critical during such a challenging time.

Help from a personal injury lawyer can give you and your family hope and confidence in your journey toward justice and recovery. Their experience, skills, and dedication can assure you that you are not alone in your fight against the insurance company.

Take a Stand Against the Insurers Following a TBI

Keith Fuicelli, Attorney for TBI

Keith Fuicelli, Traumatic Brain Injury Lawyer

A TBI has a devastating effect on the victim and their family members. The financial burdens often associated with these injuries can add further stress during a difficult time. Still, you have rights, and with proper knowledge and guidance, you can surmount these challenges.

You are not a casualty but a survivor. And as a survivor, you have the right to fight for the justice you deserve. Remember, you are not alone in this battle. So equip yourself with knowledge and professional help, and stand tall against challenges. The fight against an insurance company can succeed by engaging the services of a personal injury lawyer experienced in TBI cases. They can increase the chances of securing a fair settlement.