Consult an Attorney Before Dealing With an Insurance Company After a Traumatic Brain Injury

A brain injury is a complex form of personal injury that could affect you for the rest of your life. Brain injuries can be mild or severe, but even mild ones can run up significant medical bills. Getting compensation for a traumatic brain injury is a complicated process since the insurance company has to figure in past and future wage loss and medical care if you're unable to return to work.

It's important to work with a personal injury attorney rather than deal with the insurance company alone so you get the money you need to pay for your care. Here's what you should know.

Compensation Can Come From Different Sources

If your brain injury happened at work, your attorney can help you get adequate workers compensation. If the injury happened because another person was negligent, your attorney will negotiate with the person's insurance carrier. Your compensation may come as a settlement or through a lawsuit. Either way, your attorney will work to prove the amount of money necessary to pay all of your medical bills and to replace lost wages.

Brain Injuries Often Require Expensive Care

It's usually not a good idea to accept an offer from an insurance company without talking to an attorney first. Depending on the nature of your injury, you might need long-term care and rehabilitation. You must think about future costs as well as past medical bills and lost wages. You may need the money in a hurry to pay medical bills, but don't accept fast payment at the expense of future costs.

Calculating the amount you deserve is complex. Your attorney will rely on the opinions of medical professionals to understand your future limitations and type of care you'll need. Insurance companies will not want to award you any more money than absolutely necessary. An attorney has experience with insurance lawyers and knows how to negotiate the best deal. If the offer is too low, your attorney may advise going to court.

Details of Your Case Are Important To Know

You may not remember anything about the incident if you were knocked unconscious. Still, there should be a paper trail if you received medical care. You or your attorney can gather police reports, hospital records, and eyewitness reports so the attorney can examine the incident to find out what happened.

Even if you were partially at fault, you may still be able to file a lawsuit and win compensation. However, if liability is contested, you may need to go to court.

It's also important to remember that laws vary across the states. You can't rely on another person's experience in a different state to gauge how your case will go. Instead, work with a local attorney who knows California laws and who can guide you through the negotiations or lawsuit.

Mistakes Can Be Avoided With Legal Assistance

Trying to handle a brain injury case on your own isn't the best idea since brain injuries are complicated. You might make costly mistakes when talking to an insurance company lawyer alone. You also need to know how soon you must file a lawsuit after your injury. If you wait too long, you'll miss the chance to file.

Another mistake you might make is not keeping track of your expenses after your brain injury. Documentation is important when you're seeking compensation for your medical bills. The best way to avoid these mistakes is to talk to a personal injury attorney as soon as you can after the incident.

If you're not feeling up to it yet, consider having a family member talk to the attorney for you. It may be possible to arrange a visit to your hospital bed if you aren't able to go to the office for a meeting. If you or a family member has a traumatic brain injury and you have questions call Stawicki Anderson & Sinclair for a free case evaluation.