A traumatic brain injury (TBI) can change a person’s life forever. After an accident resulting in a TBI, insurance companies like GEICO, State Farm, Progressive and Nationwide may try their hardest to avoid fully paying victims for the exponential costs they incur due to the severity of their injuries. Brad Parker says his clients don’t have to fight the insurance companies alone.
“My first word of caution to clients is to never accept a settlement from the insurance company before consulting with a board certified personal injury attorney. First of all, if they are brain injured, they may not be thinking clearly. We can help them understand their rights and if the settlement is appropriate,” Brad says.
Insurance companies such as GEICO, State Farm, Progressive and Nationwide will rarely offer fair settlements to TBI victims or their families. The insurance adjuster’s job is to protect the company’s financial bottom line. The reason why they can stay ahead is if they make your claim go away while paying you as little as possible. If you agree to it, you are throwing away any chance for future compensation related to your brain injury.
Large insurance companies will utilize techniques to minimize the amount they have to pay out to clients, such as hiring certain doctors that will give testimony that strictly benefits them. Brad says, “When insurance companies hire medical professionals who do nothing but testify for a living, I find that to be extremely repugnant.”
Damages for a TBI can be difficult to establish. Brad says, “In order to recover future medical costs, we must consult with life care planners, occupational therapists and medical professionals to determine the cost associated with care over a projected lifetime. Of course those numbers are highly contested because it’s an educated guess based on a doctor’s fundamental testimony. It’s a very detailed and intricate process.”
Proving a brain injury is so much more difficult than other injuries such as broken arms or legs.
“Unfortunately, much of the damage caused by a brain injury occurs on a near-microscopic level and may not be visible on imaging scans. The science surrounding brain injuries is highly evolving with new diagnostic tests to help evaluate what the brain injuries are. Because it’s so new, it is subject to debate,” Brad says. “Simply put…the medical community as a whole is just not as up to speed with brain injuries as they are with broken bones.”
Another piece of advice Brad gives clients and clients’ families is to document how the injury has affected their day-to-day lives.
He says, “A client’s ability to document their experience depends on the extent of their injuries. Many times a person is aware of how the injury has affected them. They realize that they are misplacing items or struggling to communicate. In other cases, clients have no clue they are having mood swings or severe personality changes. Then it becomes the responsibility of the family to document the experience. It’s best to have accounts of both the injured party and the loved ones treating them.”
If you or a loved one have suffered from a TBI and are fighting with the insurance company to get the settlement you deserve, visit our website to fill out our contact form or call our office at 817-440-3888. We’d love to help you out.
At Parker Law Firm, our experienced personal injury lawyers believe people matter. We are committed to our clients, not case numbers, and we believe in the power of the civil justice system. With years spent both representing accident victims and participating in the state legislative process, our founder, Brad Parker, has developed a deep understanding of the law and gained unique experience that helps him get results for his clients.