Exploiting Financial Pressure
Insurers are aware that brain injury victims often have to deal with the stress of mounting medical bills and lost wages. They may offer a quick, lowball settlement, hoping you'll accept it out of financial necessity. Say a stay-at-home parent sustains a TBI in a slip-and-fall accident. The family might be struggling with medical expenses and the cost of hiring help for childcare and household tasks, making a quick settlement tempting.
Downplaying Symptoms
Some brain injury symptoms, such as mood changes or cognitive impairments, can be less visibly obvious than physical injuries. Insurers might argue that these symptoms are exaggerated or unrelated to the accident. A college student who experiences difficulty concentrating on their studies after a car accident might have their struggles attributed to academic stress rather than the TBI.
Lacking Proper Documentation
If your medical records don't fully capture the extent and severity of your brain injury, as well as its dramatic impact on your life, insurers may use this lack of evidence to justify a lower offer. This underscores the importance of thorough medical evaluation and documentation.
Strategies for Handling Low Settlement Offers
When faced with a lowball offer for your TBI claim, consider these approaches.
- Refuse the first offer. Initial offers are often low, leaving room for negotiation. Resist the urge to accept quickly, even if you're under financial pressure.
- Respond in writing. Work with your attorney to craft a detailed, written response outlining why the offer is insufficient. Include specific examples of how the brain injury has impacted your life.
- Provide additional evidence. If the insurer is undervaluing your claim, work with your lawyer to gather and present more evidence of your injury's impact, such as statements from family members or coworkers.
- Consider mediation. If direct negotiations stall, mediation with a neutral third party can sometimes help reach a fair agreement without going to court.
- Prepare for trial. While most personal injury cases settle out of court, being ready for trial can motivate insurers to offer a fairer settlement.
What You Can Recover After a Brain Injury
Understanding the potential compensation available can help you recognize when an offer is inadequate. In Virginia, brain injury victims may be entitled to several types of damages.
- Medical expenses. This includes current and future costs related to your brain injury, such as hospital bills, rehabilitation, therapy, and medication.
- Lost wages. You may be entitled to compensation for income lost due to your injury, including future earning capacity if your TBI affects your ability to work.
- Pain and suffering. Non-economic damages include physical pain and emotional distress caused by the brain injury.
- Loss of enjoyment of life. This accounts for how the brain injury has impacted your ability to engage in hobbies, social activities, and other aspects of daily life.
- Property damage. If applicable, you may seek to recover the costs to repair or replace property damaged in the incident that caused your brain injury.
- Punitive damages. In cases of gross negligence or intentional harm, exemplary damages may be awarded to punish the at-fault party.
How a Seasoned Virginia Brain Injury Lawyer Can Help
Enlisting the help of a Virginia TBI lawyer can significantly improve your chances of fighting a lowball offer and securing fair compensation. This involves assistance and guidance throughout the claims process.
- Case evaluation. A skilled attorney can assess the true value of your claim, considering all current and future impacts of your brain injury.
- Evidence gathering. Your lawyer can collect and present compelling evidence to support your claim, including medical records, expert testimonies, and documentation of how the injury has affected your life.
- Shrewd negotiation. Experienced attorneys know how to negotiate effectively with insurance companies, countering their tactics and advocating for your best interests.
- Legal insight. A Virginia brain injury lawyer understands state laws and regulations that may affect your case, ensuring all legal avenues for compensation are explored.
- Trial preparation. If a fair settlement can't be reached, your attorney can prepare a strong case for trial, demonstrating their willingness to fight for your rights in court.
Get the Support You Need
Dealing with a brain injury is challenging enough without having to fight for fair compensation. If you've received a low settlement offer for your Virginia brain injury case, don't face this battle alone. The Mottley Law Firm is here to help. Our experienced Virginia brain injury lawyers have secured millions of dollars for TBI victims. Don't settle for less than you deserve. Let us help you secure the compensation you need to move forward after your traumatic brain injury.