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Fighting the Insurance Company After a TBI

Jan 29, 2025 | What To Do After An Accident, Traumatic Brain Injuries

Suffering a traumatic brain injury (TBI) changes every aspect of your life. The road to recovery can feel overwhelming, especially when it comes to dealing with insurance companies. Fighting the insurance company after a TBI adds another layer of frustration to an already challenging time. These companies often undervalue claims involving TBIs, leaving victims and families struggling to secure the compensation they deserve.

If someone else’s negligence or wrongdoing caused your injury, you shouldn’t have to shoulder the burden alone. A TBI attorney can help protect your rights and pursue fair compensation. Contacting a personal injury lawyer for a free consultation is a vital step toward moving forward after such a life-altering event.

Common Causes of TBIs

Traumatic brain injuries (TBIs) often result from sudden, forceful impacts or jolts to the head, disrupting normal brain function. These injuries affect individuals of all ages and occur in a variety of situations, many of which involve the negligence or wrongdoing of another party. Below are some of the most common causes of TBIs:

Motor Vehicle Accidents

Collisions involving cars, trucks, motorcycles, and bicycles are among the leading causes of TBIs. The sudden forces generated in a crash can cause the brain to move violently inside the skull, resulting in injuries ranging from concussions to severe brain trauma. Pedestrians struck by vehicles are especially vulnerable due to the lack of protection.

Falls

Falls are another frequent cause of TBIs, particularly among older adults and young children. Whether it’s a slip on an icy sidewalk, a tumble down a staircase, or a fall from a height at a construction site, the impact of hitting the ground can result in significant brain damage.

Workplace Accidents

Certain industries, such as construction and manufacturing, pose heightened risks for head injuries. Falling objects, slips and falls, or being struck by heavy equipment can lead to TBIs. Employers are required to maintain safe working conditions, but negligence often plays a role in these accidents.

Sports Injuries

Contact sports like football, soccer, hockey, and boxing are common sources of TBIs. Even with safety equipment, athletes can suffer concussions or more severe brain injuries. Repeated head impacts over time increase the risk of long-term damage, as seen in cases of chronic traumatic encephalopathy (CTE).

Recreational Accidents

Accidents involving outdoor activities such as biking, skateboarding, skiing, or horseback riding can result in TBIs. Wearing protective gear like helmets can help protect the head and decrease the severity of brain injuries. However, TBIs can still result due to the forces acting on the brain.

Other causes of TBIs include assaults and acts of violence as well as blasts and explosions in certain industries. The pressure wave from an explosion can cause brain damage even without a direct impact to the head.

Traumatic brain injuries can happen in an instant, but the consequences can last a lifetime. Understanding how TBIs occur can help you identify potential risks and take action to protect yourself and your loved ones. If someone else’s negligence caused your injury, holding them accountable is an essential step toward obtaining the support you need for recovery.

Types of TBIs

TBIs are classified by severity and type:

  • Concussions: Often considered “mild” but can still have serious, lasting effects.
  • Contusions: Bruising of brain tissue, sometimes requiring surgical intervention.
  • Diffuse Axonal Injuries: Damage to brain cells from shearing forces, often occurring in car accidents. 
  • Penetrating Injuries: Caused by an object piercing the skull and entering the brain.

Common Symptoms of TBIs and Their Impact on Daily Life

Traumatic brain injuries (TBIs) present a wide range of symptoms that vary depending on the severity of the injury. Some signs appear immediately after the trauma, while others develop over time. The effects of a TBI can significantly disrupt everyday activities, relationships, and overall well-being.

Physical and Cognitive Symptoms

Physical and cognitive symptoms that can emerge following a TBI include:

  • Headaches: Persistent or worsening headaches often follow a TBI.
  • Dizziness or Balance Issues: Feeling unsteady or lightheaded makes routine tasks, like walking or climbing stairs, more difficult.
  • Nausea and Vomiting: These symptoms frequently occur after the injury and may indicate more serious brain trauma.
  • Fatigue: Many people experience overwhelming exhaustion, which can interfere with work, school, or household responsibilities.
  • Sensory Changes: Blurred vision, ringing in the ears, and heightened sensitivity to light or noise are common complaints.
  • Memory Loss: Both short-term and long-term memory can be affected, making it hard to recall recent conversations or past events.
  • Difficulty Concentrating: Staying focused on tasks becomes a struggle, which can impact professional and academic performance.
  • Slower Thinking: Problem-solving, processing information, or following instructions may take significantly longer.

Emotional and Behavioral Changes

TBIs often affect the emotional centers of the brain, resulting in noticeable personality shifts or mood changes:

  • Irritability or Anger: Even minor frustrations may provoke exaggerated reactions.
  • Anxiety and Depression: A TBI can lead to overwhelming feelings of sadness, fear, or worry.
  • Impulsivity: A lack of impulse control may result in poor decision-making or inappropriate behavior. 
  • Social Withdrawal: Individuals with a TBI often avoid friends, family, or group activities due to frustration or embarrassment.
  • Insomnia: Difficulty falling or staying asleep exacerbates fatigue and irritability.
  • Excessive Sleepiness: Others may find themselves sleeping far more than usual.

Impact on Daily Life

The symptoms of a TBI often make even the simplest activities harder to manage. Tasks like driving, cooking, or maintaining relationships become daunting. Many people with TBIs require assistance with personal care, childcare, or household duties. The unpredictability of symptoms—such as sudden headaches or memory lapses—creates additional challenges.

A TBI can also strain professional life. Missed work due to symptoms, or the inability to perform job duties, can result in lost income and career setbacks. Similarly, students may find it difficult to keep up with coursework or exams.

Seeking Medical Care

Recognizing and documenting these symptoms is essential for recovery and any potential legal claims. Detailed medical records provide evidence of the injury’s impact on daily life, supporting your case for compensation. A doctor specializing in brain injuries can recommend treatment plans to address both short-term symptoms and long-term complications.

Traumatic brain injuries disrupt life in profound ways, but a proper diagnosis, consistent care, and proactive steps toward compensation can help ease the burden.

Long-Term Consequences and Prognosis

Some TBIs lead to lifelong complications, such as cognitive impairments or physical disabilities. Proper medical documentation can help establish how the injury has changed your life. 

Let’s Talk About Auto Insurance: Medical Payments

Insurance Company Tactics in TBI Cases

Insurance companies often aim to protect their bottom line rather than provide fair compensation. TBI claims are particularly prone to lowball offers and denials.

  • Adjusters may claim your injury isn’t severe or argue pre-existing conditions are to blame. They might even question the validity of your symptoms.
  • “Mild” TBIs, such as concussions, don’t always show up on initial tests like CT scans. Insurance companies use this to argue the injury doesn’t warrant significant compensation, even though symptoms can persist for months or years.
  • Many insurers push victims to accept fast settlements, hoping they’ll agree before understanding the full extent of their injuries. Rushing to settle often leads to inadequate compensation for long-term medical needs.

Red Flags in Insurance Company Communications

Watch for warning signs, like requests for recorded statements or medical releases that allow broad access to your records. These tactics often aim to gather information that could hurt your case.

Building a Strong TBI Case

A compelling case starts with solid evidence and detailed documentation. Here are some things you and your attorney need to consider when building your claim:

  • Seeking prompt medical care establishes a clear link between the injury and the incident. Waiting too long can give the insurance company room to argue your injuries aren’t related. 
  • Even minor symptoms should be noted. Keeping a journal of daily challenges and new issues can help demonstrate the impact of the injury.

Gathering Evidence

A strong case includes: 

  • Medical Records: Detailed reports from doctors help prove the severity of the injury.
  • Witness Statements: Accounts from people who saw the incident can confirm what happened.
  • Expert Opinions: Testimony from professionals, like neurologists, can support your claim.

The Role of Neuropsychological Evaluations

These tests assess memory, problem-solving, and other cognitive functions. Results often highlight impairments not easily visible through standard imaging.

Using Medical Imaging and Other Diagnostic Tools

Advanced tests, like MRIs or PET scans, can reveal damage that other methods might miss, strengthening your claim.

Calculating Fair Compensation

Determining appropriate compensation requires a thorough look at both current and future needs. Damages may include costs for medical care, lost income, and the impact on your quality of life.

  • Short-Term vs. Long-Term Medical Costs: Brain injuries often require ongoing treatment, including therapy or surgeries. Calculating these expenses ensures your settlement accounts for future needs.
  • Lost Wages and Diminished Earning Capacity: If your injury prevents you from returning to your previous job or limits your earning potential, those losses should be part of your claim.
  • Pain and Suffering Compensation: This category covers the emotional and physical challenges stemming from the injury.
  • Future Care Needs and Rehabilitation Costs: Long-term care might involve in-home assistance, adaptive equipment, or ongoing rehabilitation. Accounting for these costs ensures you’re not left struggling later.

Working with Medical Experts

Medical specialists play a critical role in documenting and proving the extent of a TBI. Neurologists, neuropsychologists, physical therapists, and other professionals contribute vital insights. These medical experts explain the science behind your injury and its impact, making it harder for insurance companies to dispute your claim. Their assessments provide credibility and clarify the long-term implications of your injury. They also provide complete and consistent records to help your attorney create a stronger foundation for your case.

Legal Strategies for Success

A proactive approach maximizes your chances of securing fair compensation.

  • Waiting until you’ve completed initial treatments or fully understand your prognosis allows for a more accurate calculation of damages.
  • Presenting compelling evidence and highlighting insurance company tactics can lead to better outcomes. 
  • If negotiations stall or the insurer refuses to act in good faith, filing a lawsuit might be the best option.
  • An attorney with TBI case experience knows how to build a persuasive argument and advocate for your best interests.

Protecting Your Rights

Preserving your claim involves making smart choices throughout the process.

Statute of Limitations Considerations

In Colorado, you generally have two years to file a personal injury lawsuit—or three years for a personal injury claim resulting from a motor vehicle accident. Missing any legal deadline forfeits your right to seek compensation.

Avoiding Social Media Pitfalls

Posts, photos, or comments online can be used to undermine your claim. Keeping details about your case private is crucial.

Communication Dos and Don’ts with Insurance Companies

Stick to factual statements and let your attorney handle the more complicated aspects of communication. 

The Importance of Following Medical Advice

Adhering to treatment plans demonstrates a commitment to recovery and prevents insurers from arguing you failed to mitigate damages.

Life After Settlement

Reaching a settlement marks the beginning of a new chapter.

  • Managing Settlement Funds: A structured plan helps ensure the money lasts, covering both immediate and future expenses.
  • Planning for Long-Term Care: Working with financial advisors or care coordinators can help address ongoing needs.
  • Resources for TBI Survivors and Families: Local organizations, support groups, and online communities provide valuable connections and advice.
  • Support Groups and Advocacy Organizations: Groups like the Brain Injury Association of America offer education and resources tailored to survivors and their families.

Let an Experienced Brain Injury Lawyer Help

denver car accident lawyerFighting the insurance company after a TBI takes persistence and skill. Franklin D. Azar Car & Truck Accident Lawyers have the experience and dedication needed to handle your case. We’ll work diligently to hold the at-fault party accountable and pursue the compensation you need to rebuild your life.

Contact us today for a free consultation and take the first step toward securing your future.