You're sitting at a red light on Broad Street in Richmond when suddenly a distracted driver rear-ends your vehicle. The impact jolts your head forward and back, causing it to strike the headrest. In the days following, you experience persistent headaches, memory issues, and sensitivity to light, all classic signs of a mild traumatic brain injury (TBI). Yet when you file your insurance claim, the adjuster dismisses your symptoms as "just a concussion" or suggests they're related to stress rather than the car accident.
This scenario plays out repeatedly across Virginia as insurance companies employ tactics to minimize valid mild traumatic brain injury claims. Our Richmond TBI lawyer understands the frustration victims face when dealing with skeptical insurance companies. Let's examine why insurers downplay these serious injuries and how an experienced Virginia brain injury attorney can help.
Understanding Mild Traumatic Brain Injuries
Mild traumatic brain injuries occur when a sudden impact or jolt causes the brain to move within the skull. Though termed "mild," these injuries can profoundly impact your daily life, relationships, and ability to work.
Medical Definition
A mild traumatic brain injury typically involves a brief change in mental status or consciousness after head trauma. A Richmond shopper who slips on a wet floor at a grocery store and hits their head may experience these symptoms even if they never lose consciousness.
Common Causes
Concussions can result from various accidents, including vehicle collisions, falls, sports injuries, and workplace incidents. A construction worker struck by falling debris at a Richmond job site might sustain an mTBI even with a hard hat, as the force can still cause the brain to impact the interior of the skull.
Persistent Symptoms
While some mild TBIs resolve within weeks, many victims experience symptoms that last months or even years. A Richmond teacher who sustains a mild TBI in a truck accident might find herself unable to manage classroom noise or remember lesson plans, significantly impacting her career.
Insurance Company Tactics to Minimize Mild Traumatic Brain Injury Claims
Insurance companies train their adjusters to look for ways to reduce payouts and minimize liability for mild traumatic brain injury claims. Recognizing these tactics can help you prepare for the challenges ahead.
Lack of Objective Evidence
Standard imaging tests like CT scans and MRIs often fail to detect mild traumatic brain injuries, giving insurers a basis to question their existence. A Richmond office worker who develops cognitive problems after a rear-end collision on I-95 may have completely normal brain scans despite significant symptoms.
Subjective Symptoms
Many mild TBI symptoms are subjective and cannot be measured objectively. Headaches, memory problems, and mood changes rely on the victim's self-reporting, which insurance companies routinely challenge.
Delayed Onset
Some mild TBI symptoms don't appear immediately after an accident, allowing insurers to argue they're unrelated to the trauma. A college student who initially seems fine after a DUI-related accident might begin experiencing memory problems weeks later. Quick settlement offers are often meant to take advantage of delayed TBI symptoms.
Medical History Scrutiny
Insurance adjusters thoroughly examine your medical records for any prior complaints that resemble TBI symptoms. A Richmond salesman with a history of occasional migraines might find the insurer attributing all post-accident headaches to this pre-existing condition rather than his car accident on Midlothian Turnpike.
Alternative Explanations
A common source of TBI insurance disputes, adjusters may suggest that symptoms stem from psychological factors, stress, or unrelated medical conditions. For instance, an insurance company might argue that a Richmond nurse's post-accident concentration problems result from workplace stress rather than her mild TBI sustained in a dog attack.
Building a Strong Case for Your Mild TBI Claim
Overcoming insurance company skepticism requires thorough documentation and expert testimony.
Immediate Medical Attention
Seeking treatment promptly after an accident establishes a clear link between the trauma and your symptoms. A Richmond accountant who visits the emergency room at VCU Medical Center immediately after a motorcycle accident creates critical documentation of her initial symptoms.
Specialized Medical Providers
Neurologists, neuropsychologists, and rehabilitation specialists can provide detailed assessments of your condition and prognosis. Their specialized knowledge helps counter TBI insurance disputes that claim your symptoms are minor or unrelated to the accident.
Before-and-After Witnesses
Testimony from family members, co-workers, and friends who can describe changes in your behavior, personality, and abilities provides persuasive evidence of real-world impacts. A Richmond engineer's colleagues might testify about his difficulty concentrating on complex problems after a truck accident on Route 360.
Legal Challenges for Mild TBI Cases in Virginia
Virginia's legal framework presents unique challenges for brain injury victims seeking compensation.
Pure Contributory Negligence
Virginia follows the pure contributory negligence doctrine under Virginia Code § 8.01-243, which bars recovery if the plaintiff is found even 1% at fault for the accident. This harsh rule makes it critical to establish that another party bears full responsibility for your injury.
Two-Year Deadline
Personal injury claims must be filed within two years of the injury date. This relatively short statute of limitations can be challenging for mild TBI victims whose symptoms may evolve slowly.
