Sleep Better at Night With Answers to Your Top Questions on Virginia Brain Injury Claims

Experiencing something as traumatic as an accident in Chesterfield County can leave your head spinning with questions and uncertainty. Get the answers you need fast in this FAQ series from Richmond brain injury attorney Kevin Mottley.

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  • What causes a traumatic brain injury?

    According to the Centers for Disease Control, in the United States, over 35% of TBI’s are caused by falls.  Behind that, 17% are caused by motor vehicle accidents and 27% are caused by miscellaneous blows or “strikes” to the head.  Unknown causes account for 21% of TBI.  Assaults (one person striking another) account for 10% of TBI cases each year.  A traumatic brain injury can be caused by any jolt, sudden start-stop movement, or blunt force trauma to the head.  Slip and fall accidents, in which the victim falls and hits the head on a hard surface, are the most common cause.

  • What is a traumatic brain injury, or “TBI”?

    A traumatic brain injury, also referred to by some as an acquired brain injury, is an injury to the brain that is caused by a bump, blow, or jolt to the head or a penetrating head injury that disrupts the normal function of the brain.  Not all jolts or bumps to the head result in a TBI.  The severity of a TBI may range from “mild” to “severe.”  The majority of TBIs that occur every year in the U.S. are concussions or other forms of mild TBI.

  • I’m not sure, but I think I may have a brain injury after an accident in Richmond. Now I’m getting a lot of pressure from the insurance company to settle. How can I work with them to be sure I don’t end up paying for someone else’s mistakes?

    Brain injuries are hard to diagnose. In mild brain injuries, the symptoms can hide for a long period of time after a Richmond accident. Because of this, many people remain unaware that they experienced any type of brain trauma.

    As you negotiate a settlement after an accident, your insurance adjuster will try to get you to settle quickly. This is to pay you the minimal amount in your settlement, which helps the insurance companies make a profit off your injuries. The way you work with the insurance adjuster is critical to the outcome of your claim. Here are a few tips to help you get the maximum amount of compensation available to you after an accident.

    • Avoid discussing your injuries with the insurance adjuster. The insurance adjuster may try to get you to say that all of your injuries from the accident were diagnosed and treatment was determined. This can cost you. If you are later diagnosed with a brain injury as a result of an accident, you may not be compensated for the treatment.
    • Do not accept a final settlement. Accepting a final settlement offer means that you can no longer receive any other compensation for your injuries. Once your claim is closed, you cannot reopen the claim to get the money owed to you—not even if you are later diagnosed with another injury that resulted from the accident.
    • Hire an accident attorney to represent you. Hiring an accident attorney in Virginia to represent you to the insurance company helps ensure that you receive maximum compensation for your injuries. You can get the guidance you need throughout the resolution of your claim, so that you can be confident that everything is handled in the best way possible.

    Working with the insurance company can be difficult, especially after a brain injury. With a little bit of help from a brain injury attorney in Richmond, you can be confident that you will receive the best outcome possible in your claim.

    To learn more about how to best handle your Richmond brain injury, contact the Mottley Law Firm at (804) 930-1022. We will help you understand what you can do to get the maximum results in your claim.