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Fighting an Insurance Company After a TBI

Fighting an Insurance Company After a TBI

No one wants to fight an insurance company after sustaining a traumatic brain injury (TBI), but it happens all too often. Insurers assume they hold the power in these situations, and their refusal to pay can leave victims struggling to cover expenses and stay afloat financially.

You need not battle an insurance company, however. An experienced Orange County personal injury lawyer can undertake this process for you, giving you the time and space you need to focus on recovering and meeting the challenges of your TBI.

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Understanding TBIs

TBI is damage to the brain from an external force, such as a violent blow, a jolt to the head, or an object penetrating the skull. A TBI often involves bruising, torn tissue, bleeding, and other physical damage that can disrupt normal brain function and lead to long-term complications or death.

Fighting an Insurance Company After a TBI

TBIs are a critical public health issue globally. According to the Centers for Disease Control and Prevention, TBIs contribute to about 30 percent of all injury deaths in the United States in persons over 75. 190 people died every day from TBI-related causes in a recent year.  Those who survive a TBI can experience physical, emotional, and cognitive impairments lasting from a few days to the rest of their lives.

Common causes of TBIs include falls from heights or onto hard surfaces; vehicle accidents; violence, such as gunshot wounds; and collisions during recreational or athletic activities. TBIs are also common in military personnel with exposure to concussive blasts.

Depending on the severity of your injury, a TBI can lead to long-term complications influencing cognitive function, sensation, language, and emotion. The injury can result in impaired memory, reasoning, sensory processing, or communication abilities and may cause personality changes or emotional problems. TBIs are a major cause of disability and can dramatically alter a person’s career and life trajectory.

The Importance of Insurance Coverage in TBI Cases

Your expenses can quickly rise following a TBI. Costs often include immediate medical attention in a hospital emergency department, diagnostic imaging (such as CT scans or MRIs), inpatient stays, and brain surgery, if necessary.

The recovery process from a TBI can involve long physical, occupational, and speech therapies, psychiatric care, and vocational rehabilitation for those intending to return to work. Access to comprehensive rehabilitation services can maximize recovery from a TBI.

Insurance coverage plays a key role in paying these costs.

Various insurance policies that you and others hold may provide the necessary financial support, including:

  • Your health insurance, which may cover some medical expenses.
  • Your disability and long-term care insurance, if applicable, which can pay costs relating to rehabilitation and home modifications.
  • The at-fault party’s liability insurance coverage, which may cover a range of damages, including medical expenses, income losses, physical pain, and emotional suffering.

Without insurance coverage, TBI victims may struggle to pay basic expenses. Convincing an insurer to pay compensation means the difference between obtaining appropriate care and going without essential services and support.

Challenges in Dealing With Insurance Companies

Dealing with insurance companies after a TBI can be daunting. Insurers would, ideally, swiftly pay out the necessary funds to cover your medical expenses and rehabilitation costs, but this rarely happens.

Common Issues TBI Victims Face When Dealing With Insurance Companies

Navigating the complex landscape of insurance policies and claims can stress TBI victims and their families. Insurance companies make their policy language difficult to understand, making it hard for victims to know exactly what their policy covers. Insurance companies may also try to take advantage of this confusion and victims’ vulnerable situations to manipulate them into accepting less than they deserve.

Insurance companies might also challenge the necessity or price of your medical treatments, leaving you uncertain if you will receive the necessary funds to afford your recovery process.

Tactics Insurance Companies Use to Minimize or Deny Claims

Insurance companies commonly use these several tactics to minimize or deny valid claims:

  • Delaying claim processes: Insurance companies may delay claim reviews or payments, hoping the claimant will drop the claim or accept a lower offer out of desperation.
  • Misrepresenting policy coverage: Insurance adjusters might incorrectly inform claimants about their policy limits to reduce payouts.
  • Challenging medical treatments: Insurers might dispute the necessity of specific treatments or therapies, arguing that they are too expensive or not medically essential.
  • Denying claims without proper justification: Insurance companies might sometimes deny a claim outright without providing a valid reason.

These tactics, with their goal of avoiding the insurer’s responsibility, can take a significant toll on your recovery and financial stability. If an insurance company refuses to pay for necessary treatments, you may have to forgo treatment or pay out of pocket, causing tremendous financial strain. The stress of dealing with insurance firms can also adversely affect your mental health, extending recovery periods and worsening your overall condition.

How a Lawyer Can Fight Insurance Companies for TBI Victims

Whenever you find yourself on the receiving end of an insurance company’s tactics to minimize or deny your claim, it can feel like you are at war with them. The convoluted terms and conditions, the constant back and forth, and the financial stress can be overwhelming. Hiring a capable, experienced lawyer to take over your fight can make all the difference.

Once you hire a lawyer, they can handle all aspects of securing compensation for you from an insurance company, such as:

  • Analyzing the terms of the insurance policy: Insurance documents are full of legal jargon and complex clauses. A lawyer can make sense of these terms and conditions, ensuring a clear understanding of your entitlements and obligations.
  • Documenting medical treatments and costs: Compiling a comprehensive list of all medical treatments and their costs is essential for substantiating your claim. A lawyer can collect the necessary medical evidence.
  • Gathering evidence to support your claim: Both medical evidence and other forms—such as eyewitness testimonies, CCTV footage, or expert opinions—can strengthen a TBI-related insurance claim. A lawyer is adept at collecting and presenting such evidence.
  • Serving as your representative: Dealing with insurance companies can be stressful and time-consuming. A lawyer can function as your appointed representative, handling all correspondence and negotiations, thus freeing you to focus on your recovery. Your lawyer’s role includes preparing and submitting your claim with all the necessary documentation, following up and responding to insurance requests for additional information, negotiating settlements to ensure you receive fair compensation, and taking insurance companies to court if necessary to force them to meet their obligations.

You Can Afford a Lawyer for Your TBI Case

Many TBI victims and their families worry about the cost of hiring a lawyer, especially considering the hefty medical expenses they are already dealing with and the financial strain of insurance denials; however, retaining an experienced lawyer to handle a TBI case is affordable for anyone, no matter their financial circumstances.

Most reputable personal injury law firms offer a free initial consultation. This enables you to discuss your case in detail and understand your legal rights and how the lawyer can assist you in your fight against an insurance company. It does not oblige you to hire the lawyer, but it provides you with valuable insight, helping you make an informed decision.

Most lawyers who handle TBI cases also work on a contingent fee basis. This means they don’t charge you upfront fees and only receive payment if they win your case. Their payment consists of a percentage of the compensation they secure on your behalf. This arrangement avoids adding to the financial burden of TBI victims and their families.

A contingency fee agreement also provides a strong incentive for the lawyer to recover the maximum compensation, since the lawyer shares in their client’s success.

Do not let financial worries deter you from seeking quality legal representation. Reliable legal assistance can help ensure you receive the compensation you deserve for your TBI. Having an experienced lawyer saves you time, stress, and a potentially significant amount of money in recovered damages.

Tips for Choosing the Right Lawyer for Your TBI Case

Selecting the right personal injury lawyer to handle your TBI case is a crucial decision that can significantly influence the trajectory of your recovery and the level of compensation you receive. Your lawyer will be your advocate and guide, representing your interests in the complex landscape of insurance claims.

You must make an informed choice. Here are a few tips that might assist you in your selection process.

Factors to Consider When Choosing a Lawyer

When considering prospective attorneys, three factors should be at the forefront of your decision-making process: experience, reputation, and compatibility. Make a lawyer’s experience in personal injury law, specifically with TBI cases, a primary consideration. An attorney with extensive TBI experience will have an in-depth understanding of the medical, cognitive, emotional, and financial challenges you face.

A lawyer with a good reputation in the legal community and a track record of success in negotiating and litigating TBI cases can give you confidence in their ability to handle your case effectively.

You need to feel comfortable with your attorney, their communication style, and their approach to your case. You’ll work closely with this person, so make sure it’s someone you trust and can easily communicate with.

Questions to Ask Your Potential Lawyer

When meeting with potential lawyers in a free consultation, don’t hesitate to ask pertinent questions about their track record and approach.

Some questions you might consider include:

  • How many TBI cases have you previously handled?
  • Can you provide examples of TBI cases you’ve won?
  • How will you approach my case, and what do you think of its chances?
  • How often will we communicate, and what is the best method for reaching you?

Remember that you are interviewing the attorney to see if they are a good fit for your needs.

The Importance of Hiring a Lawyer With Experience in TBI Cases

Engaging a lawyer with specific experience in TBI cases does more than increase your chances of a favorable outcome. These lawyers have the knowledge to understand the significant consequences of a TBI, not just in terms of initial medical costs but also the long-term challenges and costs relating to this type of injury.

They know what evidence to gather, what arguments resonate with judges and juries, and how to counter the tactics insurance companies employ to deny or minimize your claim.

Hiring the right lawyer for your TBI case can make all the difference in your fight against insurance companies. An experienced lawyer can ease the process of dealing with insurance claims and maximize your chance of securing the compensation you deserve, thus providing you with the financial stability to focus on your recovery.

The daunting ordeal of fighting an insurance company after a TBI becomes manageable with the right guidance, giving you and your family the necessary peace of mind during this challenging time.

Greg Bentley & Keith More - Personal Injury lawyer in Orange County area

Greg Bentley & Keith More Personal Injury Attorney in Orange County

Contact an Experienced TBI Personal Injury Lawyer Today

Don’t let insurance companies dictate your journey to recovery after a TBI. You deserve compensation for the costs you incurred and the challenges you face, and you don’t need to fight the insurance companies on your own. Let a knowledgeable personal injury lawyer fight this battle for you. Contact an experienced TBI personal injury lawyer today, and take your first step toward obtaining justice and securing your future.

Schedule a Free Initial Consultation Today!