Brain injuries are devastating.
They change lives in an instant. But what if your brain injury was the fault of another driver or party? The legal challenges and obstacles ahead can seem overwhelming.
Brain injury cases are among the most complex of personal injury claims. Let’s face it, most victims just don’t understand the legal challenges that are specific to their case type. In turn, insurance companies bank on this lack of knowledge to severely lowball settlements.
In this ultimate guide, we’ll go through everything a victim needs to know about filing a brain injury case and claim for compensation. We’ll even touch on how to avoid some of the most common mistakes victims make while navigating this often messy and drawn-out legal process.
What you’ll learn:
- Why Brain Injury Cases Are Different
- The Biggest Legal Obstacles Victims Face
- “How To Build A Stronger Case
- What Affects Your Settlement Value
Why Brain Injury Cases Are Different
Brain injury cases don’t follow the rules of most personal injury claims. This is because traumatic brain injuries (TBIs) are not always visible. Concussions, mild TBIs and moderate/severe TBIs may not show up on typical X-rays or CT Scans.
This creates a huge challenge in proving your claim. In fact, a victim may look completely fine on the outside. However, under the hood, their life may be in utter shambles.
Statistics from the CDC show there are approximately 190 Traumatic Brain Injury-related deaths each day. Each year, there are roughly 69,930 people in the United States that die from Traumatic Brain Injuries.
And things don’t look much better when you consider that many go undiagnosed…
Emergency room staff often miss concussions and mild traumatic brain injuries all the time, even at trauma centers.
Many insurance companies rely on this gap in care to cast doubt on your case. This is why working with a skilled brain injury lawyer is so important.
Here’s what makes brain injury cases unique:
- Symptoms take time to manifest
- Imaging Tests are often normal despite the presence of a TBI
- Pre-Existing Conditions can make Diagnosis difficult
- Long Term Side Effects and future damages are often difficult to estimate
Pretty challenging, huh?
The Biggest Legal Obstacles Victims Face
Let me give you a breakdown of the biggest legal challenges most brain injury victims face…
Proving Causation
Insurance companies are famous for trying to claim that your symptoms predated your brain injury. They’ll pull up every little piece of documentation from your past medical history to “prove” this.
Say you had occasional headaches before your accident. They’ll use this against you. It’s their favourite defence move.
Insurers will dig through your entire medical history looking for a way to deny your claim. And they’ll find it even if it’s as minor as a pre-existing condition.
“Invisible Injury” Problem
Guess what…
Juries and insurance adjusters struggle to understand injuries they can’t see. The truth is, a victim with severe brain trauma can often appear perfectly healthy on the outside.
It’s a massive problem that leads to reduced compensation.
Delayed Symptoms
Symptoms from brain injuries may not show up right away. A victim might feel normal for days or even weeks before cognitive issues set in.
By that point? Your insurance company will say the accident could not have caused your injuries.
Starting a detailed symptom journal immediately is ABSOLUTELY CRUCIAL. Document EVERYTHING. The other party’s insurance company is counting on you forgetting about things early on.
Complex Medical Evidence
Brain injury cases are far more technical and medically complicated than most personal injury claims. You’ll need expert medical witnesses to explain the extent of your damages to a jury.
That means neurologists, neuropsychologists, and sometimes rehabilitation specialists. They need to back up your claim with extensive and detailed testimony.
That is EXPENSIVE. But without these experts, proving the full extent of your damages becomes near impossible.
How To Build A Stronger Case
Curious how to increase your chances of winning a brain injury case? Here are some surefire ways…
Document Everything Immediately
Start a symptom journal the day of your injury. Keep track of:
- Headaches and their severity
- Memory lapses
- Mood swings
- Sleep issues
- Trouble concentrating
This creates a paper trail that links your symptoms to the date of the accident.
Seek Specialised Medical Attention
Emergency room visits alone aren’t enough. TBIs need to be diagnosed and treated by medical professionals that specialise in traumatic brain injuries.
Your general practitioner may miss critical signs that specialists would not.
Preserve ALL Evidence
Keep all your documentation safe. Medical records, accident reports, witness statements, pictures, etc. The more proof you have that the accident caused your injuries, the stronger your case.
Don’t leave evidence behind or throw it away. Record it, store it, and preserve it.
Be Aware of The Timeline
Brain injury cases take more time than most personal injury lawsuits. Symptoms can take weeks or even months to fully appear. The full extent of your damages can take a long time to assess.
Settling too early is one of the biggest mistakes people make when filing a brain injury case.
What Affects Your Settlement Value
Every brain injury claim is different. But a few common factors influence how much money you can expect to recover during settlement.
Injury Severity
Moderate and severe traumatic brain injuries carry larger settlements than mild traumatic brain injuries. Permanent cognitive impairment, personality changes, and inability to return to work all increase the value of a case.
Medical Records
Strong, compelling medical evidence is everything. Your records should show a clear connection between the accident and your injuries, as well as their long-term consequences.
Future Care Requirements
Brain injuries often require ongoing treatment. Therapy, rehabilitation, and medical care must be factored into your case value.
CDC data shows that adults ages 75+ account for nearly one third of TBI-related hospitalizations. This is a huge percentage when you consider that this group accounts for just 8.6% of the population. It’s clear that traumatic brain injuries affect victims of all ages.
Policy Limits
Unfortuntately…
Your settlement may be limited by the other party’s insurance coverage. Even if your case is strong, you could hit a cap based on the policy limits.
An experienced brain injury attorney can help you find all possible sources of compensation.
Wrap Up
Brain injury cases present unique legal challenges. Victims must deal with invisible injuries, insurance company tricks, and a complex medical picture that is difficult to prove to a jury.
Here’s a quick recap of the big takeaways:
- TBIs require extensive medical evidence
- Insurance companies exploit the “invisible injury” problem
- Settling too early will cost you significant money
- Expert medical testimony is critical in complex cases
- Several factors influence your overall settlement value
The legal process will take time. But with the right approach and experienced legal guidance, brain injury victims can achieve justice and get the compensation they deserve. Don’t let insurance companies take advantage of your situation. Know your rights, document everything, and get the help you need to navigate this complex journey.
