The Pitfalls of Trying to Handle an Insurance Claim Alone After a TBI

Traumatic brain injuries (TBIs) can have devastating and long-lasting consequences for victims and their families. These injuries often result from car crashes, slips, falls, or workplace incidents. Filing an insurance claim for a TBI can be a complicated and challenging process, particularly for those who attempt to fight with the insurance company alone. This article highlights the potential pitfalls of dealing with a TBI insurance claim independently and the benefits of seeking legal representation.

Challenges in Establishing the Extent of a TBI

One of the primary obstacles in handling a TBI insurance claim is determining the full extent of the injury. TBIs can manifest in various ways, with symptoms ranging from mild to severe. Furthermore, the long-term effects of a TBI may not be immediately apparent, and individuals may experience cognitive, emotional, and physical impairments that worsen over time.

Documenting the nature and severity of a TBI can be difficult, particularly for someone unfamiliar with the medical and legal aspects of such cases. There is also TPD insurance (Total Permanent Disability insurance that can be considered if the brain injury is permanent. Medical professionals may need to conduct a series of tests and evaluations to determine the full impact of the injury. Navigating this process alone can be overwhelming and may result in an inaccurate assessment of the damages, leading to an insufficient insurance settlement. To get your TPD insurance claimed with Curo, you will need to have a disability or a serious illness that is preventing you from working. If you think you could have a claim, you should consider consulting an experienced insurance advisor, so they can guide you through the claim journey to try and get the outcome you would like.

Tactics Employed by Insurance Companies to Minimize Payouts

Insurance companies often prioritize their financial interests and may employ various tactics to minimize the amount paid to claimants. Some common strategies include:

Disputing the Severity of the Injury: Insurance companies may attempt to downplay the extent of a TBI, arguing that the victim’s condition is less severe than claimed.

Arguing Pre-Existing Conditions: Insurers may assert that the claimant’s symptoms result from pre-existing medical conditions rather than the TBI sustained in the accident.

Delaying the Claims Process: Delays in the claims process can cause financial strain for the victim, pressuring them to accept a lower settlement offer.

Misinterpreting Policy Terms: Insurance companies may exploit any ambiguity in policy language to limit the amount of compensation provided.

The Importance of Hiring a Lawyer for TBI Claims

Given the challenges associated with TBI claims and the tactics employed by insurance companies, hiring a lawyer can provide invaluable support in pursuing fair compensation. Some benefits of working with a legal professional include:

Knowledge of Medical and Legal Aspects

An experienced lawyer understands TBI cases’ medical and legal complexities and can help gather the necessary documentation to support the claim.

Expert Negotiation Skills

A skilled attorney is well-equipped to negotiate with insurance companies on behalf of their client, countering any tactics employed to minimize payouts.

Access to Resources

Lawyers often have access to a network of medical professionals and experts who can provide crucial evidence and testimony to strengthen the claim.

Legal Representation

If negotiations with the insurance company fail, a lawyer can represent the victim in court, advocating for their rights and interests throughout the litigation process.

Understanding the Long-Term Impact of a TBI

A critical challenge in handling a TBI insurance claim is recognizing the long-term effects of the injury. The consequences of a TBI can last for months or even years and may require ongoing medical treatment, rehabilitation, and lifestyle adjustments. Individuals who attempt to fight with the insurance company alone may not fully understand the long-term implications of their injury, leading to underestimating the appropriate compensation for their claim.

The Burden of Proof in TBI Insurance Claims

In TBI cases, the burden of proof falls on the claimant to demonstrate the extent of their injury and its connection to the accident. This can be a complex task that requires the collection and presentation of medical records, expert testimony, and other evidence. Without legal assistance, individuals may struggle to gather and present the necessary evidence to support their claims, making it more challenging to secure the compensation they deserve.

Difficulty in Quantifying Non-Economic Damages

TBIs can result in non-economic damages, such as pain and suffering, emotional distress, etc. Quantifying these damages can be difficult, as they do not have a direct monetary value. A lawyer experienced in handling TBI claims can help to accurately assess the value of non-economic damages, ensuring that their client receives the compensation they are entitled to.

The Risk of Settling Too Soon

Insurance companies may offer a quick settlement to close the claim before the full extent of the injury is known. Accepting an early settlement can prevent the victim from seeking additional compensation later, even if their condition worsens or new complications arise. A knowledgeable attorney can advise their client on the appropriate time to settle their claim, taking into consideration the long-term effects of the TBI.

While handling a TBI insurance claim independently may be tempting, doing so can result in many challenges and potential pitfalls. By enlisting the help of an experienced lawyer, victims can ensure that they receive the compensation they deserve for their injuries. Legal professionals bring a unique perspective and understanding of the complexities associated with TBI claims, ensuring that their clients are well-represented throughout the entire process. Ultimately, obtaining the assistance of a knowledgeable attorney can make all the difference in achieving a fair and just outcome in the aftermath of a traumatic brain injury.