Fighting the Insurance Company After a TBI

Fighting the insurance company after a traumatic brain injury (TBI) is, unfortunately, a challenge that many face. Rather than receiving a fair settlement offer from an insurance company, you may receive pushback, lowball settlement offers, and other tactics to deprive you of the compensation you deserve.

You should not have to deal with insurance companies’ bad-faith tactics, especially as you work to recover from your brain injury. A traumatic brain injury attorney in Tulsa will evaluate your damages, determine how much money you deserve, and demand that insurers compensate you fairly.



Why Insurance Companies Fight Against Brain Injury Victims

To be clear, insurers do not always “fight” those with injuries. These companies are merely putting their financial interests before the injured party’s needs—and, in some cases, before the injured party’s rights.

Insurance companies may work to retain every dollar possible (rather than paying what you deserve) because:

Brain Injury Victims

They Are a Public Company

Many insurance companies are public entities. This means that the company has a duty to its shareholders to maximize profits and increase value for shareholders. If a company fails to achieve this mission, consequences may include

  • Stock prices declining, in doing so diminishing the company’s value
  • Executives and other employees losing their jobs
  • The company losing ground to its competitors

This is a big-picture explanation of why insurance companies fight hard to minimize financial losses in every claim they handle. While you may understand such motives, you should not accept them. As someone with a TBI, it is your right to secure all of the compensation you need for treatment, income replacement, and other damages.

They Want to Maximize Profits

Even if an insurance company is not a public entity, it has a financial motivation to maximize its profits. Increasing profits is the name of the game for any business, but you should ensure that maximizing profits does not come at your expense.

They Disagree About the Amount of Compensation the Beneficiary Deserves

In some cases, there is a genuine disagreement about how much compensation someone with a TBI deserves. These disputes may occur if:

  • The insurance company does not have access to complete information (if it was missing a mental health evaluation, for example, it may not fully comprehend your pain and suffering)
  • The insurance company valued property expenses, medical expenses, or other financial damages differently than you or your lawyer does
  • There is a question of whether your TBI is a new injury or a recurring injury (as insurance companies may pay less for a recurring injury)

Traumatic brain injuries are complex ailments with a broad spectrum of possible symptoms. It is no surprise when there are differences in a victim’s calculation of damages and an insurance company’s.

When you hire a TBI lawyer, they will ensure the insurance company has access to all relevant information. Working from the same documents and information sources may help your lawyer and the insurance company reach a fair financial agreement.

What Tactics Do Insurance Companies Use Against Brain Injury Victims?

Insurance companies have several ways to deprive deserving brain injury victims of fair compensation. Some of the most common tactics include:

Offering Quick Money

Quick compensation can be tempting to someone facing medical expenses and general financial uncertainty. Insurers know this, which is why they often:

traumatic brain injuries

  • Approach those with traumatic brain injuries shortly after suffering the injury
  • Quickly calculate the value of the beneficiary’s damages
  • Offer a lowball settlement of less value than the beneficiary deserves
  • Try to convince the beneficiary that the lowball offer is the best offer they will receive

These tactics have worked on many financially desperate individuals with TBIs, but don’t let it work on you. You must identify when a quick offer is inadequate and hire an injury lawyer to demand fair compensation.

Selectively Considering Evidence

Evidence related to your brain injury can determine who is financially liable for your damages. An insurance company may:

  • Actively seek any evidence that paints you in as poor a light as possible
  • Ignore evidence that suggests someone else is responsible for your TBI
  • Use such selective evidence to further their narrative

Your TBI attorney will obtain all relevant evidence and bring that evidence to the insurer’s attention.

Confusing the Beneficiary

Insurance policies are dense, confusing documents that can be difficult for laymen to interpret. An insurance company may use this to its advantage by:

  • Claiming that your injury is not covered under the policy
  • Claiming that you have missed certain deadlines and are therefore not entitled to the compensation you seek
  • Alleging that certain losses are not covered under the policy

Attorneys thoroughly review any insurance policy relevant to their client’s case. If an insurer makes any false claims about you or an insurance policy, your brain injury attorney will correct the record.

Delaying the Claims Process

There are often deadlines for filing lawsuits related to traumatic brain injuries. If an insurance company can delay the claims process, it may allow the filing deadline for your case to lapse. If this happens, you may lose negotiating leverage and be unable to file a lawsuit.

Engaging in Hardball Negotiating Tactics

Insurance companies may be most defensive when it comes time to negotiate. The company may offer a lowball settlement (or no settlement at all) and initially refuse to negotiate further. Having an attorney can help during this process because:

  • Your lawyer will present convincing evidence of why the insurer is financially responsible for your losses.
  • Your lawyer will bring documentation of your losses, which should settle any disputes about the nature or cost of those losses.
  • Your lawyer will make it clear that if the insurance company does not negotiate in good faith, your TBI attorney will file a lawsuit.

With more than 200,000 hospitalizations for TBIs in a single year, insurance companies face a large volume of TBI-related claims. It’s reasonable to expect the insurers to try and minimize costs by paying less than the injury victims deserve, but you should not personally accept anything less than a fair settlement.

What Can I Do to Protect Myself from Insurers?

Hiring a lawyer is perhaps the most effective way to protect yourself from bad-faith insurance tactics. A lawyer can be a valuable resource to those with traumatic brain injuries because:

  • Attorneys have ample experience dealing with insurance companies.
  • An experienced lawyer will be ready for any bad-faith tactics insurance companies use in your case.
  • Your attorney will deal directly with insurers, ensuring they cannot violate your rights or coax you into accepting a lowball settlement.

Your lawyer will have a mandate to negotiate the financial settlement you deserve, and you should expect nothing less from your attorney.

What a Traumatic Brain Injury Lawyer Will Do for You

Your attorney will have a full plate of responsibilities. Keep in mind that if you choose not to retain a brain injury lawyer, these duties will fall upon you.

Expect your lawyer to:

Advise You, Answer Your Questions, and Oversee Every Detail of Your Claim

Your attorney will lead every step of your claim and take the same leadership to any necessary lawsuit or trial. Expect to:

  • Know the attorney who is leading your claim
  • Have your lawyer’s number
  • Receive frequent updates about your claim or lawsuit
  • Have the advantage of a lawyer’s experience and legal training on your side

You may have paralegals and experts assisting in your TBI-related case for compensation along with your attorney.

Calculate the Cost of Your Traumatic Brain Injury

Traumatic Brain Injury

The average lifetime cost of treating a TBI ranges between $85,000 and $3 million. Regardless of where your injury-related costs fall on this spectrum, you should not have to pay a single cent for damages caused by someone else’s negligence.

Your attorney’s calculation of your damages will include:

  • Current economic and non-economic damages
  • Future economic and non-economic damages

By accounting for both present hardships and future damages, your lawyer will ensure they’re seeking fair compensation from insurers or other liable parties.

Document Your Injury and Related Damages

The more evidence of your damages your lawyer secures, the stronger your claim may be. Important documentation may include:

  • Medical images of your injuries, including but not limited to X-rays and MRIs
  • All medical bills from care related to the TBI
  • Experts’ diagnoses of your pain and suffering
  • Proof of your lost income
  • Your own accounts of how the TBI has negatively affected you

Attorneys will contact medical providers, mental health professionals, economists, and anyone else who can speak to your damages.

Negotiate with Liable Insurance Companies

Your attorney will engage in financial negotiations with insurers or any other party who owes you compensation. Insurers may represent their policyholders even if your case proceeds to court.

Most brain injury cases result in a settlement. However, insurers do not always negotiate in good faith. If your attorney must take legal action to pursue the compensation you deserve, they will be ready to file a lawsuit and go to trial.

Take Further Legal Action, if Necessary

Your attorney will discuss filing a lawsuit with you if necessary. This discussion may only be relevant if insurance companies refuse to offer a fair settlement.

Brain Injuries Are Costly—Your Lawyer Will Seek Compensation for Your Damages

Considering the high cost of diagnosing, treating, and rehabilitating serious brain injuries, your lawyer should be ready for insurers’ refusal to pay you fairly. Whenever large sums of money are at stake, the fight to obtain a fair financial settlement can be just that—a fight.

Your lawyer’s settlement demands will reflect the totality of your damages, which may include:

  • Healthcare expenses: From emergency treatment to brain scans and hospitalization, treatment for a brain injury can become expensive quickly. Your lawyer will demand that liable parties cover every healthcare cost related to your TBI.
  • Professional damages: A brain injury will interfere with most types of jobs. You may lose income and earning power, opportunities for bonuses and promotions, and suffer other professional damages because of your injury. These types of damages will be reflected in your lawyer’s settlement calculation.
  • Pain and suffering: Brain injuries can cause immediate pain and several long-term difficulties, known as pain and suffering. This may include mood and personality changes, physical pain, cognitive issues, and lost quality of life. Attorneys work with mental health professionals to diagnose these kinds of non-economic damages and calculate the cost of pain and suffering.
  • Mental health treatment costs: If you choose to receive any mental health treatment related to your injury, your attorney will include your treatment costs in your settlement demands.

Each brain injury victim suffers differently. Your attorney will create a personalized record of your damages and present that record to liable parties during settlement negotiations.

Have You Lost a Loved One Because of a Fatal Brain Injury?

Many brain injuries prove fatal, either immediately or over time. A brain injury lawyer can lead a wrongful death action for you, and your recoverable damages may include:

  • Funeral costs
  • Loss of consortium
  • Loss of the decedent’s household contributions
  • Grief and other forms of pain and suffering
  • Loss of the decedent’s income

Whether you survived a brain injury or have lost a loved one, your well-being should remain the priority. Your attorney will make your financial recovery their priority.

How Do I Select a Capable, Client-Focused Brain Injury Lawyer?

The right brain injury lawyer to lead your case may:

Daniel Aizenman, Bicycle Accident Attorney
Daniel Aizenman, Tulsa Traumatic Brain Injury Attorney
  • Have experience with brain injury claims in your area
  • Have a provable history of obtaining compensation for clients with brain injuries
  • Have a record of taking difficult cases to trial
  • Have positive reviews from former clients

You can complete free consultations with multiple law firms to determine which firm is the best fit for your case.

Do Your Research to Find a Traumatic Brain Injury Lawyer Today

There are generally filing deadlines for traumatic brain injury cases. You must be aware of such deadlines and seek a brain injury lawyer as soon as possible. Most attorneys do not receive a fee unless they obtain compensation for you, so there is no risk in working with a brain injury lawyer.