A distracted driver ran a red light and slammed into your car. Now, as you deal with constant headaches and memory problems that keep you from working, the insurance company seems more interested in their bottom line than your recovery. Our Richmond brain injury lawyer understands the frustration of fighting for fair compensation while trying to heal from a traumatic brain injury.
Our firm has helped numerous brain injury victims overcome insurance company disputes and secure the justice they deserve. Let's examine how coverage works in Virginia TBI insurance claims and what you can do to protect your rights.
Common Insurance Coverage Challenges in Virginia TBI Cases
Insurance companies often employ various tactics to minimize payouts for traumatic brain injury claims. These strategies can leave injured victims struggling to get proper medical care and overcome the financial challenges of lost income. Understanding these insurance coverage disputes is the first step to protecting your legal rights.
Coverage Limits and Policy Caps
Minimum policy requirements often fall short of what is needed to fully cover Virginia TBI insurance claims.
Imagine a Richmond resident who suffered a traumatic brain injury when another driver ran a stop sign. The at-fault driver might only carry the state minimum coverage of $30,000 for bodily injury. By comparison, the immediate medical bills may exceed $100,000 with years of costly rehabilitation ahead.
By thoroughly examining all possible coverage options, our firm can help ensure TBI victims have access to the comprehensive care they need. Sources may include umbrella policies through the at-fault driver’s homeowner’s insurance or the victim’s own underinsured motorist coverage.
Pre-Existing Medical Conditions
Companies frequently deny Virginia TBI insurance claims by linking the brain injury symptoms to previous medical conditions.
Someone may have had a documented history of occasional migraines before a serious slip-and-fall accident at a shopping center. The property owner's insurance company could try claiming his post-accident cognitive issues and severe headaches were simply a continuation of his prior condition.
By working with an experienced Richmond brain injury lawyer, the victim may be able to clearly document how their post-accident symptoms differed from their previous migraines. They may use brain imaging and cognitive testing to demonstrate new areas of damage directly related to the fall.
Mild Brain Injury Claims
Don't let the word "mild" fool you. Even a seemingly minor brain injury can have major life impacts. Concussions are the most common form of mild traumatic brain injury, and symptoms may not appear until days after the accident.
In one case, our firm represented a client who suffered a concussion when she was rear-ended at a stop light. She declined emergency transport to the hospital but followed up with her primary care physician. Her mild brain injury aggravated pre-existing issues to the point where she lost her job as an orthopedic trauma nurse.
After further examination by a brain injury medicine specialist and private mediation, The Mottley Law Firm secured a $2 million settlement one month before trial for our client.
Virginia's Pure Contributory Negligence Rule
Virginia follows a strict contributory negligence standard. This means if you are found even 1% at fault for the accident that caused your brain injury, you may be barred from recovering compensation. Insurance companies use this rule to their advantage by looking for any evidence that you contributed to causing the accident.
Our Richmond brain injury lawyers anticipate these tactics and work to:
- Gather evidence proving the other party was entirely at fault
- Document the sequence of events with photos, videos, and witness statements
- Work with accident reconstruction experts when needed
- Counter false allegations about your role in the accident
Virginia TBI Insurance Claims Against Government Entities
If your TBI resulted from the negligence of a state or local government employee, different rules apply under the Virginia Tort Claims Act (Va. Code § 8.01-195.1). Key considerations include:
- Strict notice requirements and filing deadlines
- A cap on total damages of $100,000
- Limited grounds for pursuing claims against government entities
- Special procedural requirements
Insurance disputes involving government entities require a thorough understanding of both the Virginia Tort Claims Act and standard insurance practices. For example, if you suffered a TBI from a collision with a Richmond public works vehicle, your claim must address both the city's self-insurance program and any additional coverage from your own auto policy.
Private insurance companies often try to shift responsibility to government entities, while government insurers may argue the opposite. Our Richmond legal team understands these dynamics and can help coordinate claims between multiple insurance sources to maximize your recovery.
