A traumatic brain injury (TBI) can change a person’s life in unexpected ways, affecting memory, mood, concentration, and the ability to work or live independently. Even a “mild” TBI can lead to long-term medical treatment and financial hardship. When the injury is caused by someone else’s negligence, the injured person may be able to bring a personal injury claim to recover damages such as medical expenses, lost wages, and pain and suffering.
However, TBI cases are complex because symptoms may develop gradually and are often invisible. Insurance companies carefully review these claims, so avoiding key mistakes is essential.
Below are some common mistakes that can reduce a TBI settlement that you need to avoid:
Waiting Too Long to Seek Medical Care
Immediately after a head injury, confusion, dizziness, headaches, or nausea might not appear immediately, so people often assume they are fine and put off seeing a doctor. However, that delay can hurt not just your health but also your legal claim. Insurance adjusters may argue that your injury is not serious or was not caused by the accident. Immediate medical evaluation can give you a clear record tying your injury to the event and showing how severe it is from day one.
Ignoring Follow-Up Care
Skipping appointments or stopping treatment too soon can weaken your case. The insurance company may claim that the injury isn’t as serious as you claim or that you are not taking recovery seriously. Stick with your prescribed treatment, as this can help prove ongoing symptoms and their effect on your life.
Giving Early Recorded Statements
After an accident, insurance adjusters often call right away, asking for a recorded statement. It may feel like a routine step, but what you say could come back to haunt you.
TBI symptoms can change, and in those early days, you might not realize how badly you are hurt. Saying things like “I’m fine” without understanding the full situation can allow an adjuster to downplay your claim later. Before making any statements, talk to your lawyer.
Oversharing on Social Media
Photos or videos, such as those showing you at a party or doing something active, can be twisted to suggest your injuries aren’t as serious as you claim. During your claim, it is best to limit social media activity.
Accepting a Fast Settlement
When medical bills start accumulating, it can be tempting to accept the first offer you receive. The problem, however, is that the first offer usually does not take into account ongoing therapy, future medical needs, reduced earning power, or lasting cognitive issues. And in Florida, once you take an offer, you cannot ask for more later. Make sure you fully understand your situation before accepting any payment.
Failing to Write Down Daily Challenges
Many traumatic brain injury symptoms, such as memory issues, trouble focusing, and fatigue, cannot be seen on scans or tests. So, if you do not record your symptoms, they can be easy to overlook. Start a journal and keep track of your symptoms, doctor visits, missed work, and the moments that show how much your injury affects everyday life. This can give insurers a clearer view of what you are facing.
Avoiding these common mistakes can help protect the value of your claim and improve the chances of receiving fair compensation for the full impact of a traumatic brain injury.
Contact Us for Legal Help
If you or a loved one suffered a TBI, do not risk your claim being undervalued. Contact our experienced brain injury counsel at Griggs Injury Law today to protect your rights and pursue the full compensation you deserve.
