Dealing with a traumatic brain injury is difficult enough. You need to focus on getting proper medical treatment and recovering from this serious injury that has turned your life upside down. The last thing you want to worry about is fighting with an insurance company.
However, unfortunately, that’s the reality many TBI victims face. If you or a loved one has suffered a TBI in an accident, you should contact a Dallas TBI lawyer right away to make sure the insurance company doesn’t take advantage of you during this challenging time.
Why Are Insurance Companies So Difficult to Deal With?
It’s important to understand that insurance companies are businesses. Their goal is to make money, not pay out the full value of every claim. After a serious injury like a TBI, you may be facing massive medical bills, lost income if you can’t work, and an uncertain future. The insurance adjuster’s job is to settle your claim for as little as possible.
Many insurance companies use questionable tactics to accomplish this. They may delay responding to your claim or request unnecessary documentation to frustrate you. They may pressure you to accept a lowball settlement offer before you understand the full extent of your injuries and damages. Some may even resort to misrepresenting your rights or twisting your words against you.
You’ve already been through enough. An experienced TBI lawyer can stand up to the insurance company for you and fight for the full compensation you deserve. Schedule a free consultation with a TBI lawyer in your area today.
Should You Talk to the Insurance Company?
The insurance adjuster may seem friendly and act like they have your best interests in mind. But it’s important to remember that anything you say to the insurance company can be used against you later to challenge your claim. Even an innocent comment like “I’m feeling a little better today” can be cited as evidence that your injuries aren’t that serious.
This is why it’s best to let your TBI attorney handle all communication with the insurance company on your behalf. Your lawyer will know what information needs to be provided and how to present it in a way that protects your claim.
Do You Have to Accept the Insurance Company’s Settlement Offer?
Absolutely not. In fact, it’s rarely a good idea to accept the insurance company’s first offer. Their initial offer is often just a fraction of what your claim is really worth, but they’re hoping you’ll jump on it because you need money now for medical bills and living expenses.
Once you accept a settlement, you typically can’t go back and ask for more money later. That’s why it’s so important to have a skilled TBI lawyer assess your case value before settling. Your lawyer will know how to calculate your damages – including future anticipated losses – to determine a fair settlement amount. And if the insurance company doesn’t make a reasonable offer, your lawyer will be ready to take them to court if needed.
The insurance company may try to pressure you to accept a settlement by imposing fake deadlines or threatening to close your claim. Don’t fall for it. Talk to a knowledgeable TBI lawyer about your case first. Most offer free initial consultations, so you have nothing to lose.
Key Takeaways
What Kind of Damages Can You Recover?
Every TBI case is unique. The value of your claim will depend on factors like the severity of your injury, your prognosis for recovery, the degree of fault of the other party, and the available insurance coverage, among others. However, some common types of damages TBI victims may be entitled to include:
Medical Expenses
TBIs often require extensive medical treatment, which can quickly add up to an overwhelming amount. You can recover compensation for hospital bills, doctor visits, prescriptions, medical devices, and other healthcare needs related to your injury. Don’t forget to factor in the anticipated cost of future medical care you may need as well.
Lost Income
One of the most significant financial consequences of suffering a TBI is the impact on your ability to work and earn a living. Depending on the severity of your injury, you may have missed a few days, weeks, or even months of work while recovering. In some cases, a TBI can result in permanent disabilities that affect your ability to return to your previous job or work at all.
The lost income during this time can be a huge burden, especially when you’re already facing mounting medical bills. However, you have the right to seek compensation for all the income and benefits you’ve missed out on due to your injury. This includes your base salary or hourly pay and any overtime, bonuses, commissions, or other compensation you would have earned if you had been able to work.
It’s important to think beyond just your current losses, too. A serious TBI can affect your future earning potential and career trajectory. You may have missed out on promotions, raises, or opportunities to advance in your field because of your injury. You might even need to change careers entirely if you cannot perform your previous job duties.
These future lost earnings can be significant, especially for younger TBI victims who have many working years ahead of them. Your TBI lawyer can work with experts like vocational specialists and economists to calculate the full extent of your lost earning capacity over your lifetime.
Pain and Suffering
Not all damages have an obvious dollar value, but the bodily pain and emotional distress caused by a TBI are very real and deserve to be compensated. You can also recover compensation for things like loss of enjoyment of life if your injury keeps you from activities you once loved.
How Long Do You Have to File a TBI Claim?
Every state has strict deadlines, known as statutes of limitations, for filing personal injury claims. If you miss the deadline that applies to your case, you lose your right to seek compensation entirely.
The time limits are different for each state and vary depending on the specific cause of action, so it’s important to talk to a local TBI lawyer as soon as possible to protect your rights. Your lawyer can determine the relevant deadlines and take swift action to get your claim filed in time.
In some situations, you may have much less time to take action. For example, claims against government entities typically have special notice requirements that must be met well in advance of the usual statute of limitations. You may have as little as 60-90 days to formally notify the government of your claim. If you fail to do so, you can be barred from filing a lawsuit later.
Delaying too long in starting your claim can also put you at a disadvantage in terms of evidence collection. Over time, evidence may be lost or destroyed, and witnesses’ memories can fade. The sooner your TBI lawyer can start investigating your case and preserving key evidence, the better.
What Should You Expect from the Legal Process?
Filing a TBI claim can seem overwhelming, especially when you’re trying to focus on your health and recovery. However, the right TBI attorney can handle the process for you and make it as smooth and stress-free as possible. Here are the general steps involved:
- Initial consultation: You’ll meet with the lawyer to discuss what happened and learn about your rights and options. This is typically free.
- Investigation: Your lawyer will investigate to gather evidence, determine fault, and identify all potential sources of recovery, including insurance policies.
- Documentation: Your lawyer will collect your medical records, bills, income loss information, and other documentation to substantiate your damages.
- Demands and Negotiation: Many TBI cases settle out of court. Your lawyer will send a demand letter to the other side and negotiate back and forth trying to reach a fair settlement.
- Filing a Lawsuit: If a settlement can’t be reached, your lawyer will file a formal lawsuit to begin the litigation process.
- Discovery: Both sides will exchange evidence and take depositions of the parties and witnesses.
- Mediation: Before trial, the parties typically must attend mediation to try again to resolve the case.
- Trial: If the case still doesn’t settle, it will go to trial before a judge or jury for a final decision on fault and damages.
- Appeals: If either side is unhappy with the trial outcome, they can file an appeal.
- Collection: Once a settlement or judgment is final, your lawyer will collect the funds, deduct legal fees and expenses, resolve any liens, and disburse the net recovery to you.
Of course, every case is different and may not follow this exact path. The best way to learn what to expect in your unique situation is to consult with an experienced local TBI lawyer.
How Do I Find the Right TBI Lawyer?
Choosing the right lawyer to handle your TBI claim is a big decision. You want someone you can trust to fight for your best interests and help you get your life back on track. Here are some tips for finding the right fit:
Look for Relevant Experience
Not all lawyers have experience handling TBI cases. These cases involve complex medical evidence and require knowledge of the unique challenges TBI victims face. Look for a lawyer who focuses on brain injury cases and has a proven track record of success.
Check Reviews and Testimonials
See what former clients have to say about their experience with the lawyer. Did the lawyer provide personal attention and keep them informed? Were they happy with the outcome? Reading reviews and testimonials can give you a sense of what it will be like to work with that lawyer.
Consider Firm Resources
Serious injury cases like TBIs are time-intensive and costly to pursue. Make sure the law firm you choose has the resources to fully investigate your case, hire expert witnesses, and take the case to trial if needed. A TBI lawyer at an established, reputable firm is often a good bet.
Evaluate Communication and Trust
Your relationship with your lawyer is important. You want someone you feel comfortable talking to and who will be responsive to your questions and concerns. At your initial consultation, evaluate the lawyer’s communication style and decide if it’s someone you’d feel confident having by your side.
Ask About Fees
Most TBI attorneys work on a contingency fee, meaning they only collect a fee if they win your case. Be sure to ask about the specific fee structure upfront so there are no surprises.
There’s a lot at stake when you’re pursuing a TBI claim. You need a skilled advocate in your corner to level the playing field with the insurance company and fight for the maximum recovery. Take the first step today by scheduling a free consultation with an experienced TBI lawyer who can guide you through the process and protect your rights.
Let a Skilled TBI Lawyer Guide You Through the Process
Recovering from a TBI is a journey. It takes time, patience, and a strong support system. While no amount of money can erase what you’ve been through, obtaining fair compensation from those responsible for your injury can ease the financial stress and provide the resources you need to move forward.
An experienced Dallas TBI lawyer can be an important part of your support team. Your lawyer can take on the legal challenges so you can focus on healing. Working with the right TBI lawyer gives you the best chance at securing a positive outcome for your claim so you can face the future with greater peace of mind.
If you or someone you love is facing the challenges of a TBI caused by someone else’s negligence, don’t wait to get legal help. A knowledgeable TBI lawyer can explain your rights and options in a free consultation. Contact a TBI lawyer near you today to discuss your case and start building a brighter future.
Call for a free consultation with an experienced TBI lawyer now to learn how they can stand up to the insurance company and get the compensation you need and deserve. You don’t have to fight this battle alone. Let a skilled TBI lawyer guide you through the process and advocate for your best interests every step of the way. Your future is on the line – get the legal support you need today.
