Are Brain Injury Claims Handled Differently Than Other Injury Claims?

by Staff | June 7th, 2021

The ultimate goal of all personal injury claims is to get victims and their families compensation for the damages they’ve suffered. Those damages can range from medical bills and lost wages to pain and suffering and loss of companionship. But not all personal injury claims are the same, as some are for injuries that will eventually heal or be manageable, and others are for injuries that will have lifelong impacts.

Traumatic brain injuries (TBIs) are among the most devastating types of injuries. That’s because the brain has limited healing and regenerative abilities. In many cases, the cognitive, neurological, and behavioral problems victims suffer as a result of their TBIs persist for the rest of their lives.

Because of the lifelong impact these injuries have on victims, they often result in bigger settlements—but that also means more intensive preparation and negotiation.

TBI Claims Require More Calculations and Future Consideration

Many injuries have the potential to cause problems for victims and their families for years to come. But TBIs almost always cause long-term problems. Because of that, all TBI claims must be built with the future in mind, but accurately calculating how much money TBI victims will require can be challenging.

This aspect of TBI claims requires experience and a track record of success in assisting other TBI victims. Forecasting all of the ways that a TBI will affect a victim and their family in the years and decades to come, including factoring in both expected and unexpected complications, isn’t something every law firm is capable of doing.

TBI Claims Require More Aggressive Negotiation Tactics

Insurance companies are always reluctant to pay injury claims to victims, but TBI claims can be even more difficult to win when future expenses are factored into them. That’s because insurance companies rarely look beyond immediate expenses and needs, and they’re frequently skeptical of how much injuries will cost victims if they’re expected to persist for years, decades, or lifetimes.

Even when they agree to pay victims settlements, they may balk at the amount of money that they or their lawyers ask for. Because of that, they need experienced and aggressive lawyers on their side. In addition to presenting evidence that proves how much their expenses are expected to be, TBI victims also need legal advocates who won’t back down when insurance companies play hardball or refuse to pay fair settlements.

TBI Claims Require Assistance from Family Members

TBIs affect victims differently. Some victims may struggle with dexterity and motor coordination after their injuries, while others may suffer cognitive impairment. The second type of victims may be unable to pursue compensation on their own, or they may be unable to tell their lawyers exactly how their TBIs have affected their lives.

These victims need not just legal advocates, but also family advocates who can help them tell their stories to their lawyers. In many cases, TBI claims are family affairs. That’s because they not only impact families emotionally and financially, but they require entire families working together to tell their stories and ensure their injured loved ones’ current and future needs are being met by the legal system.

TBI Claims May Involve More Non-Economic and Even Punitive Damages

Because TBIs have the potential to change victims’ personalities and behaviors, they can be exceptionally hard to deal with on an emotional level for them and their loved ones. Many TBI victims also have difficulty enjoying their hobbies, spending time with family and friends, and even living independently.

Although these costs can’t always be easily calculated, they have an enormous impact on victims. Because of that, TBI claims often involve non-economic damages, or pain and suffering. These damages are designed to compensate victims for the losses they’ve incurred outside of medical bills and lost wages. Some TBI claims even result in punitive damages, which is an additional form of compensation that’s designed to punish the at-fault parties.

We Have the Experience and Resources to Win Even the Most Difficult TBI Claims

At Fleschner, Stark, Tanoos & Newlin, we believe that all victims who were injured through no fault of their own deserve maximum compensation. But we also know that TBI victims often experience uniquely challenging futures. That’s because their recoveries may be limited, and their injuries often don’t impact just them, but their entire families as well.

Unfortunately, insurance companies don’t always recognize the fact that TBIs are profoundly life-changing and stressful on victims and their loved ones. Because of that, they resort to reducing or denying claims for victims who need significant settlements just to keep their heads above water financially.

If your family is struggling with the aftermath of a TBI, our Indiana brain injury lawyers want to help. Contact us today for a free consultation. We’ve helped many victims just like you, and we know what it takes to win.

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