The unthinkable has happened—you or someone you love sustained a traumatic brain injury (TBI). Whether it resulted from a car crash, workplace accident, fall, surgery, or exposure to toxic substances, TBI can profoundly affect your life.
Your health comes first, so remain diligent about your treatment. Follow your doctor’s orders and focus on your well-being above all.
Next is navigating the complex health insurance maze while advocating for your essential care, services, and support. It’s a frustrating challenge to fight your insurance company after a traumatic brain injury.
In this guide, we’ll list the symptoms of traumatic brain injury and explain the difficulty of proving you suffered TBI. We’ll also detail how to maximize insurance coverage for your injury and advocate for your rights. Finally, we’ll explore why you need an experienced Fort Worth traumatic brain injury attorney.
Symptoms of Traumatic Brain Injury
TBI can have a wide range of symptoms, both physical and cognitive, that may appear immediately after the injury or develop over time. See if you have any of these.
General Symptoms
- Blurred or double vision
- Fatigue or lethargy
- Intense or worsening headaches
- Repeated vomiting or feeling nauseous
- Seizures or convulsions
- Enlarged pupils in one or both eyes
- Clear fluids draining from the nose or ears
- Difficulty awakening from sleep
- Weakness or numbness in fingers and toes
- Profound confusion or severe mental disorientation
- Agitation, restlessness, combativeness, or other unusual behavior
- Slurred speech or difficulty articulating words
- Coma
Sensory Symptoms
- Ringing in the ears or sensitivity to sound
- A bad taste in the mouth or loss of smell
- Discomfort or pain when exposed to bright light
Cognitive, Behavioral, or Mental Symptoms
- Feeling dizzy, confused, or briefly losing consciousness
- Difficulty remembering or staying focused
- Mood changes or mood swings
- Depression or anxiety
- Trouble sleeping or excessive sleepiness
Children’s Symptoms
Infants and young children may exhibit different signs, including:
- Change in eating or nursing habits
- Unusual fussiness or irritability
- Persistent inconsolable crying
- Changes in sleep habits
- Seizures, sad mood, or loss of interest in activities
If you experience any of them after a head injury, seek medical attention promptly. Early diagnosis and proper management are crucial for recovery and minimizing long-term complications.
The Challenge of Proving You Have a TBI
TBI can cost you thousands. A recent study found that in-hospital costs per patient ranged from $2,130 to $401,808.
So, getting your insurance company to cover your TBI is essential. But proving you’ve suffered one is difficult partly because they’re invisible.
Unlike a broken bone or cut, TBIs often lack visible external signs. Even sophisticated neuroimaging techniques like MRIs or CT scans sometimes fail to detect subtle brain damage.
Here are other factors that make it challenging to prove you have a TBI:
- Delayed Symptoms: TBI symptoms may not show up immediately. Some effects, such as memory problems, mood swings, or cognitive defects, may emerge days, weeks, or years later.
- Subjective Symptoms: Many TBI symptoms rely on subjective self-reporting. These include headaches, memory issues, and changes in mood or behavior.
- Complexity of Causation: An intricate process may need to link the traumatic event to the brain injury directly. Legal cases require proof that negligence or intentional actions caused the TBI.
- Medical Uncertainty: Medical professionals may disagree on the severity or cause of a TBI. Varying opinions can make it more challenging to prove your case.
You’ll need to establish a clear link between your accident and your brain injury to win your claim.
You’ll also need evidence that the TBI significantly impairs your ability to work, perform daily tasks, or enjoy life. Find an attorney experienced in TBI insurance claims to ensure the insurance company treats you fairly and gives you the compensation you deserve.
Document Everything About Your TBI
You’ve already received medical attention. You must also collect anything that details your treatment.
Document everything related to your TBI, including:
- Medical Records: Gather medical reports, test results, and treatment plans.
- Expenses: Keep track of medical bills, rehabilitation costs, and other out-of-pocket expenses.
- Communication: Save emails, letters, and notes from insurance companies. Record phone conversations, noting dates and the names of representatives.
Documenting your TBI is another area where an attorney can handle the details and make a big difference in your outcome.
Consult with an Attorney Experienced in TBI Claims
Given the complexity of TBI claims, consider consulting with an attorney experienced in personal injury and insurance matters. They can guide you through the process, advocate for you, and protect your rights.
Your attorney will help you build a strong case by:
- Gathering Evidence - Collect witness statements, accident reports, and relevant photos.
- Understanding Your Insurance Policy - Review your policy to clarify exclusions, coverage limits, and applicable waiting periods or deadlines.
- Establishing Liability - Determine who is responsible for your TBI—another driver, an employer, or a product manufacturer.
- Calculating Damages - Assess the financial impact of your injury, including medical costs, lost wages, and future expenses.
Negotiating an Insurance Settlement or Going to Trial
Your attorney will negotiate with the insurance company to reach a fair settlement that covers all your medical expenses, lost wages, and future needs. If necessary, they’ll prepare for trial.
Insurance companies aim to minimize payouts, so you need legal representation to protect you. If the insurer denies your claim or offers an insufficient settlement, your case might require an appeal, which can get even more complex.
Choose Rose Law Group: A Personal Injury Firm That Will Fight for You
Rose Law Group vigorously prosecutes personal injury cases, including TBIs.
Our attorneys can assist you with:
- Insurance Claims: We’ll review your insurance policy and negotiate tirelessly.
- Legal Advocacy: Let us handle the legal complexities while you focus on recovery. Our team will research, analyze, and strategize to win you full and fair compensation.
- Maximizing Recovery: We’ll explore all avenues to ensure you receive the best outcome for your case.
Remember, you’re not alone. So, how can we best support you on your journey toward recovery and getting a fair settlement? Reach out to us today for personalized assistance.