If you suffer a TBI in a car accident or slip and fall because of another party’s negligence, you may be eligible to recover compensation from the at-fault party’s insurance company. However, it is crucial to note that accepting the first offer presented by the insurance company can carry significant risks. Here is what you need to know before accepting a TBI settlement offer.
What to Do Before Accepting a TBI Settlement Offer
Before accepting a TBI settlement offer, the following are some critical steps to take;
1. Reach Maximum Medical Improvement (MMI)
The most crucial step before accepting a TBI settlement offer is to reach maximum medical improvement (MMI). This means your condition is stable and is not expected to significantly improve with or without further treatment. Reaching MMI ensures you understand the full extent of your injuries. Accepting an offer before reaching MMI may result in compensation that does not account for the long-term effects of your injury.
2. Consider Future Medical Expenses
Assess the long-term medical costs associated with your injury, including rehabilitation, ongoing treatments, and potential future surgeries. Your doctor can give you their prognosis and what future medical care may be needed.
3. Seek Thorough Medical Evaluations
A TBI can be complex. Seek a comprehensive medical evaluation to understand the full extent of your injury. For example, neurocognitive testing can help uncover memory or concentration problems.
4. Let an Attorney Review the Offer
Do not accept a TBI settlement offer without first consulting an experienced attorney and allowing them to review it. An attorney can calculate the full value of your damages and negotiate with the insurance company.
What Should a TBI Settlement Offer Include
A fair TBI settlement offer should reflect the full scope of damages. TBI settlements usually include two types of damages: economic and non-economic damages. Together, these two categories of damages usually result in plaintiffs receiving, among others, the following damages;
- Past and future medical expenses
- Physical pain and suffering
- Loss of enjoyment of life
- Emotional or mental anguish
- Lost wages and reduced earning capacity
Depending on the specifics of your case, you may be entitled to punitive damages on top of compensatory damages.
Risks Involved With Settling a TBI Claim Too Soon
Settling a TBI claim too early is not a good practice for several reasons, including the following;
- Incomplete Diagnosis: TBIs can have delayed symptoms, such as memory loss or difficulty concentrating. Waiting to settle your case allows time for a full medical evaluation and a clear understanding of the extent of the injury.
- Low Offer: Settling your case too soon may result in you accepting an offer that doesn’t account for all your damages. For instance, you may not recover compensation for future medical expenses, such as rehabilitation and surgeries.
- Legal Finality: Once you accept a settlement, you waive your right to pursue further compensation for the same injury even if your condition worsens down the line.
What Happens if I Reject an Offer?
If you do not accept an offer, your attorney can respond with a counteroffer that reflects the actual value of your claim and negotiate with the insurance company for a fair offer. If the insurance company refuses to negotiate in good faith, your attorney may file a lawsuit in court. However, your case will most likely be settled before going to trial.
Contact Us for Legal Help
Contact our experienced brain injury counsel at Griggs Injury Law for help recovering the compensation you deserve for your TBI.
