Traumatic Brain Injury Lawyers’ Role in Filing Insurance Claims
Traumatic brain injuries (TBIs) are severe and life-altering conditions that can result from different types of accidents, such as car crashes, falls, or sports injuries. These injuries can have devastating effects on individuals and their families, leading to physical, emotional, and financial hardships.
If you get involved in an accident that resulted in a TBI, seeking the assistance of a traumatic brain injury lawyer is crucial for navigating the complex process of filing insurance claims and pursuing maximum compensation.
Suffered TBI due to an accident? We can help you get compensation.
Understanding TBI
Traumatic brain injuries occur when a sudden blow or jolt to the head disrupts normal brain function. The severity of TBIs can range from mild concussion to severe brain damage and skull fractures, potentially resulting in long-term disabilities or even death.
Common symptoms of brain injury include:
- Headache
- Memory loss
- Sudden mood changes
- Loss of coordination
- Loss of balance
- Slurred speech
- Sensory disturbance, including blurred vision and ringing in the ears
- Loss of consciousness
What To Do if You Suspect TBI Following an Accident
If you suspect a TBI following an accident, taking immediate action is crucial. The first step is to prioritize your safety and the safety of others involved.
Call emergency services for medical care. Even if the initial symptoms seem mild, seek medical attention as soon as possible. Medical experts can assess the severity of the injury, provide necessary treatment, and document the incident for future reference.
Avoid any activities that could worsen the injury, such as physically demanding tasks or consuming alcohol or medications that could interfere with recovery. Informing your healthcare provider about the accident and any symptoms you are experiencing will help them make an accurate diagnosis and develop an appropriate treatment plan.
Why is Legal Representation Important to TBI?
When dealing with a traumatic brain injury, insurance claims and legal procedures can be overwhelming. Hiring a skilled personal injury attorney, specializing in traumatic brain injury claims, becomes vital to ensure a just outcome. TBI lawyers possess the necessary expertise to navigate the legal system on behalf of brain injury victims.
Initial Consultation with a Traumatic Brain Injury Lawyer
The first step in seeking legal assistance for a traumatic brain injury is to schedule an initial consultation with a lawyer experienced in handling such cases.
During this meeting, the lawyer will evaluate the details of the accident, the resulting injuries, and the potential liability of the responsible parties. This helps the lawyer determine the viability of the case and provide the victim with an understanding of their legal rights and best options.
Gathering Evidence and Building a Strong Case
Once the traumatic brain injury lawyer agrees to represent the accident victim, they will commence the process of gathering evidence to build a strong case. This may involve obtaining medical records, accident reports, witness statements, and expert opinions.
Negotiating with Insurance Companies
Traumatic brain injury lawyers play a vital role in negotiating with insurance companies on behalf of their clients. Insurance adjusters often aim to minimize settlements and protect their company’s interests.
TBI lawyers with expertise in traumatic brain injury cases possess the negotiation skills necessary to advocate for their clients and secure the best financial compensation for their injuries, medical expenses, and other related damages.
Filing the Insurance Claim
Once the evidence has been gathered, the TBI lawyer will assist in filing the insurance claim. This involves submitting the claim within California’s statute of limitations, which is two years from the time of the injury.
Taking Legal Action
Insurance companies may deny or undervalue a traumatic brain injury claim. When this occurs, the lawyer may advise their client to pursue legal action. This typically involves filing a personal injury lawsuit against the at-fault parties to seek compensation through the court system.
Compensation Related to TBI
Compensation related to brain injuries includes economic and non-economic damages.
- Economic damages: The tangible financial losses suffered by the head trauma victim. These can include medical expenses, rehabilitation costs, ongoing therapy, and future medical care. Additionally, economic damages may cover lost wages, loss of earning capacity, and other financial hardships caused by the injury.
- Non-economic damages: The intangible losses that impact the victim’s quality of life. These may include pain and suffering, emotional distress, loss of enjoyment of life, and the impact on personal relationships.
The goal of compensation is to fairly address the damages suffered by the TBI victim, providing financial support and acknowledgment of the physical, emotional, and mental toll.
Liability in Traumatic Brain Injury Cases
Establishing liability is important in traumatic brain injury cases. The lawyer will investigate the circumstances surrounding the accident, gather evidence, and consult with experts to determine liability.
Dealing with Insurance Adjusters
Navigating the interactions with insurance adjusters can be challenging, especially for individuals without legal representation. Traumatic brain injury lawyers act as advocates for their clients and handle all communications. They understand the tactics employed by insurance companies and can protect their clients from potential traps during a personal injury claims process.
FAQs About TBI Claims
How much does it cost to hire a traumatic brain injury lawyer?
The cost of hiring a traumatic brain injury lawyer depends on the details of the case and the fee structure of the lawyer. Many personal injury lawyers work on a contingency fee basis, meaning they only receive payment if they successfully recover compensation for their client.
How long does it take to resolve a traumatic brain injury case?
The duration of a traumatic brain injury lawsuit can vary depending on various factors, including the complexity of the case, the extent of the injuries, and the willingness of the insurance company to negotiate. Some cases can be resolved through settlement negotiations, which may take several months. However, if the case goes to trial, it can take significantly longer to reach a resolution.
What types of compensation can I seek for a TBI?
Victims of brain trauma can seek compensation for medical costs, rehabilitation expenses, lost wages, future loss of earning capacity, pain and suffering, and emotional distress.
In case the accident victim dies, the family can file a wrongful death claim. A traumatic brain injury lawyer will assess the details and help you determine the appropriate compensation to pursue.
How do I choose the right traumatic brain injury lawyer for my case?
When selecting a traumatic brain injury lawyer, consider their experience, track record of success, and expertise in handling similar cases. Have a consultation with the lawyer to ensure they understand your situation and that you feel comfortable working with them. Taking the time to research and choose a qualified lawyer will greatly increase your chances of a successful outcome.
Consult with an Award-Winning Legal Team
The Brain Injury Help Center offers support, legal advice, and valuable health information for individuals affected by TBI. We are a dedicated center committed to empowering brain injury victims to reclaim their independence and functionality.
We firmly believe in the healing process and stand by TBI victims throughout their rehabilitation journey. Our team will tirelessly advocate for your rights, allowing you to focus solely on your recovery.
If you or a loved one is grappling with a traumatic brain injury resulting from an accident due to someone else’s negligence, reach out to the Brain Injury Help Center at (866) 576-0936 for a free consultation.
