Best practices for increasing the value of your brain injury case
When a person suffers a traumatic brain injury (TBI) in an accident caused by another party’s negligence, they are right to have big hopes about what amount their case might settle. It is always important to have a Murray personal injury lawyer handling your TBI case. You can be confident that you will have somebody who is dedicated to achieving the best possible recovery for you.
Obtaining as much compensation as possible in a personal injury case usually means conducting yourself in an appropriate manner at all times and being extremely cautious about any decisions you may make. Many insurance companies are well aware that they will have to pay significant sums of money to resolve many of these cases. But, insurers are always looking for ways to exploit people and pay them far less than they will otherwise have to.
Determining the value of a brain injury case
When you are considering how much your TBI case is worth, remember that your damages will go a long way in determining how much you can recover. Major medical bills and big losses in income can all play major roles.
Beyond that, the nature of your accident and how malicious a negligent party was in causing your injury can also impact jury decisions and settlement offers. It is difficult to say any one type of case is more likely to garner more money than another because so many variables can impact recovery amounts.
Certain TBI cases can resolve for a few thousand dollars, while others will command many millions. It is hard for people to understand how such a vast chasm can exist between possible awards, but it is important to remember that not every case in itself is a winner, and people should always be mindful of the possibility that they might not recover anything at all.
Choosing the best doctors
You want to be working with medical professionals who also have prior experience working with accident victims. Many hospitals and other facilities that grow comfortable serving certain people can offer liens under which a person does not have to pay any medical bills until they obtain a settlement or jury award.
Seeking medical treatment also makes it important for a person to comply with all requests of doctors. A delay in treatment, failure to complete a treatment plan, or failure to follow a doctor’s orders can be grounds for an insurance company to reduce the value of a claim.
You may receive computerized tomography (CT) or magnetic resonance imaging (MRI) scans. Medications may include diuretics, anti-seizure drugs, and coma-inducing drugs.
Additional surgical procedures can also be necessary, especially for removing clotted blood or hematomas. Other surgical needs can include repairing skull fractures, correcting bleeding in the brain, or opening windows into the skull.
Rehabilitation specialists you might work with can include a physiatrist, an occupational therapist, a physical therapist, a speech and language therapist, a neuropsychologist, a social worker or case manager, a rehabilitation nurse, a TBI nurse specialist, a recreational therapist, and a vocational counselor.
secure & document your evidence
When your TBI stems from a motor vehicle accident, try to get pictures of the automobiles involved. Also, take pictures of any circumstances that might have contributed to or caused an accident.
Be sure to save every one of your medical bills. Keep receipts for every purchase you make in connection to your injury.
Working closely with your medical team, a personal injury attorney can receive an estimate of the cost of all your future care. You will need to agree to an evaluation of your long-term needs.
document your injuries
After you have been diagnosed with a TBI, keep a record of your daily interactions and specifically note when the injury is causing issues. If you are struggling with your memory or are experiencing pain in the light, write that down.
You will want to keep all of the information your doctor gives you about your injury, as well as any notes you might keep about your symptoms or medications. When you are displaying symptoms of a TBI, you can also benefit from having a loved one video-record you.
avoid insurance companies
You will learn rather quickly that insurance companies will be playing a major role in your personal injury case, and all insurers have a goal of settling these claims for as little as possible. Insurance companies go to great lengths to achieve their end goals, usually by contacting the victims themselves and trying to get them to sign settlements quickly that are usually very lowball offers.
You will want to hire a personal injury lawyer as soon as possible so they can then handle all communications with an insurer on their own and keep you away from contested issues. Insurance companies can engage in a number of other deceitful tactics to help their cases, such as encouraging some people to delay their treatment or delaying work on a case to try and run out the statute of limitations.
Insurance company agents will work very hard to make you think they are on your side and care about taking care of you, but they are always beholden to the wishes of their bosses, who view every conversation as being part of the negotiation process. Too many people get talked into settling their cases by insurance agents who convince victims that a proposed settlement is going to be the most money they can recover, even when that is not the truth.
work with your doctor
When you are seeing your doctor, make sure they know about all of the difficulties you are facing because of your TBI. Do not leave anything out because you want your medical records to reflect that you had certain complaints and a doctor made certain findings.
Always follow the doctor’s advice, especially as it relates to follow-up visits. When these visits are recommended, you should always honor them because an insurance company can deem failure to attend appointments as advised by a doctor to mean you are not taking the injury seriously.
start a journal
If you do not already have a diary, then take the first step to create one. Writing down your feelings about everything you are dealing with will be extremely helpful later on when you may be addressing a pain and suffering claim.
Your personal accounts of a day’s events can go a very long way in helping prove your personal injury case in court later. Journals as evidence can be somewhat irrefutable.
be mindful of what you say
The statements people make after their accidents can be used against them. It is always advisable that people avoid saying anything until they have legal counsel, even avoiding remarking on their personal condition after an accident.
Similarly, you really should not discuss your personal injury case with any other person besides your lawyer or your doctors and certain members of their staff (especially in the workplace).
While you may have several people in your life who are aware you were involved in an accident, do not think that you have an obligation to tell them everything about your case. You will always be safe by not discussing your case with anybody who is not already handling it.
Contact an experienced attorney
Did you or your loved one suffer a TBI in any kind of accident caused by another party’s negligence in Utah? Make sure that you are working with Gosdis Law so you can know that you are getting the most aggressive possible legal representation for your case.
Our firm has a record of success that demonstrates our commitment to helping injury victims recover as much as possible. Call (385) 429-9960 or contact us online to set up a free consultation with our Murray personal injury lawyer.