When a TBI occurs due to the negligence of another person, you have the right to file a personal injury claim and seek compensation. Unfortunately, if you or a loved one sustained a TBI in Kansas or Missouri, there is a high likelihood you will be dealing with an insurance company that is unwilling to pay full and fair compensation. Insurance companies are businesses like any other, and many of them are only focused on making a profit. Such insurers’ main goal is to pay out as little as possible.
Sadly, TBI victims are especially vulnerable because these injuries can be complicated, difficult to diagnose, and costly to treat. Understanding the tactics insurance companies commonly use can help you protect your right to fair compensation. Below are some of the common insurance company tactics in TBI cases in Kansas or Missouri.
1. Disputing the Severity of the Injury
The at-fault party’s insurance company might claim that the injury symptoms are mild, temporary, or exaggerated. The insurance company may reference a normal CT scan, the absence of skull fractures, or the delayed onset of symptoms to argue that the TBI is not severe enough to justify the amount being sought.
In such a case, a skilled attorney can gather expert testimony to validate your claim. Medical professionals such as neurologists and neuropsychologists can provide sworn statements to help establish the severity of your or your loved one’s traumatic brain injury.
2. Blaming a Pre-Existing Condition
If you or a loved one has ever suffered a head or brain injury or if there is a history of brain-related medical conditions, the insurance company might try to argue that the current condition is just a pre-existing condition. This argument is usually aimed at shifting responsibility from the policyholder.
It is crucial that you ensure doctors’ notes clearly link the TBI to the accident. An experienced attorney can also work with medical experts to prove that the injury is new.
3. Delaying the Claims Process
Insurers use several tactics to delay the claims process, including asking for excessive documentation and taking a long time to respond. They may do this, hoping that you will get frustrated and settle for less than you deserve.
A skilled attorney can deal with the insurance company on your behalf and fight against any unnecessary delays.
4. Pressuring You Into Settling Quickly
The insurance company may make a settlement offer as soon as you file your claim and pressure you to accept the offer. Insurance companies do this because they know TBI victims and their families need money as soon as possible. They are hoping you are desperate enough to accept a low offer. Also, they do this because once you accept an offer and sign, you cannot go back and ask for more compensation.
Do not accept a settlement offer without speaking to an attorney. An attorney can help you review the offer and determine if it is fair.
5. Requesting a Recorded Statement
A recorded statement may seem harmless, but adjusters ask leading questions designed to get you to say something that can be used against you. For example, a statement like, “I feel okay,” can be misinterpreted and used against you.
You are not legally obligated to provide a recorded statement. Always consult an attorney before agreeing to give a recorded statement.
Contact Us for Legal Help
If you or a loved one has sustained a TBI, contact our experienced brain injury counsel at Griggs Injury Law for help fighting for the compensation you deserve.
