Avoid common brain injury case mistakes | Virginia Traumatic Brain Injury LawyerFrom hospital bills to a range of issues like vision problems and speech therapy, any kind of traumatic brain injury (TBI) can bring dramatic and life-altering consequences. You have legal rights after someone’s negligence causes your TBI, but those rights can be put in jeopardy if you don’t know what to do next. 

What to Do (and Not Do) After a TBI

It is critically important to work with a personal injury attorney to avoid:

Accepting an improper insurance settlement

While insurance can be helpful, the provider will likely attempt to offer as little as possible to increase profits. The carrier may offer a low settlement that severely undervalues your actual expenses and loss of wages. Always discuss a settlement with an attorney to make sure it fully accounts for all of your economic and non-economic damages, including pain and suffering.

Failing to immediately seek medical attention

You need to show your brain injury was specifically caused by the accident, whether you were in a vehicle collision or slipped and fell on someone’s property. Seeing a doctor directly after the incident starts a paper trail on your injuries and the associated costs that can be critical to a settlement or court case.

Not following the doctor’s orders

Failing to abide by physical restrictions set by your doctor or missing appointments may allow insurance adjusters to cast doubt on your injuries. 

Providing a written or oral statement to the insurance company

An insurance adjuster’s job is to look for ways to trip you up and get you to admit partial fault to reduce or deny your claim. Your attorney should instead handle communication with the insurance provider so only relevant details are provided. 

Using social media improperly

Although you may want to share news about your accident, never discuss the case in any way online, as your words may be used against you when pursuing legal action against the at-fault party. This is also important for insurance purposes, as even completely benign and innocent photos may be utilized to reduce your settlement if they give the appearance you aren’t severely injured.

After any accident with a head wound, always document the scene with photographs if possible and gather contact info for eyewitnesses. Visit a doctor quickly as you can, and then work with an attorney who can thoroughly investigate the case to prove negligence. 

Kevin W. Mottley
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Richmond, VA trial lawyer dedicated to handling brain injuries, car accidents and other serious injury claims
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