There are really two reasons why insurance companies do not settle mild traumatic brain injury cases.  First, the insurance company and its lawyers do not believe that the plaintiff has a traumatic brain injury or they believe that enough doubt exists that it is worth it to go to court and have a jury decide that question.  Second, sometimes the insurance company does not agree that the victim of a traumatic brain injury should receive all of the compensation that the law entitles the victim to receive.  For example, it is not uncommon for the victim of a mild traumatic brain injury to require very expensive rehabilitative services and counseling into the future.  These services help the victim live as productive of a life as he or she can.  The cost of this future rehabilitative work adds up, and can be very expensive.  When the insurance company is not willing to pay for that type of expense, it is often necessary for the plaintiff to go to court and ask a jury to award that money.

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