Suffering a traumatic brain injury (TBI) in Kansas or Missouri can change your life in an instant. In addition to seeking prompt medical attention, victims need to protect their legal rights, especially if another person’s negligence caused the injury. What you say after suffering a TBI can have a significant impact on your personal injury case, so you need to be careful not to say the wrong things.
Below, we discuss some of the things to avoid saying after suffering a TBI to protect your case.
1. Don’t Admit Fault
Even if you believe you did something that contributed to the accident, you should avoid admitting fault. Insurance companies or defense attorneys can use statements like “It was my fault” or “I am probably to blame” against you. Even an innocent apology can be taken as an admission of guilt and used to lower your compensation as per the comparative negligence rule. Don’t say “I am sorry” to the other party even if you’re genuinely concerned.
2. Don’t Speculate About the Severity of Your Injury
After suffering a TBI, it’s natural to question the severity of your injury, especially because these injuries can cause confusion, memory issues, or problems concentrating. However, refrain from saying things like “I don’t think it is serious” or “I feel fine now.” TBI effects often evolve over time. Downplaying your injury, even unintentionally, can lead insurers or defense lawyers to minimize your compensation.
3. Don’t Talk About Your Case With Others
Do not discuss your accident and injury with anyone other than your doctor, attorney, or close family members, online or offline. Casual conversations with coworkers, friends, or acquaintances can be misunderstood or misquoted. Similarly, posting about your accident, recovery, or feelings on social media can be used against you by insurance companies or opposing counsel. Insurance companies and defense attorneys monitor social media to find posts they can use to challenge TBI claims. Don’t give them something to use against you.
4. Avoid Giving a Recorded Statement Without a Lawyer
Insurance companies often ask TBI victims to provide recorded statements. The insurance adjuster might make it seem like it is a standard procedure, but the truth is that anything you say in a recorded statement can be used against you. Even honest responses about your symptoms or accident details can be twisted and used against you. Always consult a lawyer before speaking to an adjuster. An experienced attorney can guide you on what information is safe to provide.
5. Don’t Speculate About Your Prognosis or Future Costs
Do not try to self-diagnose how long your recovery will take or guess your future medical expenses. Only qualified medical professionals can accurately assess your condition and predict long-term needs. Speculating about your prognosis or costs can unintentionally minimize the seriousness of your injury and reduce potential compensation. Always rely on medical documentation and your attorney’s guidance. With the help of an attorney, you can provide reliable information about your TBI and future needs.
Contact Us for Legal Help
If you have suffered a TBI in Kansas or Missouri, contact our experienced brain injury counsel today at Griggs Injury Law. We can guide you on what to say and what not to say, and ensure your rights are protected throughout the legal process.
