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Fighting the Insurance Company After a TBI

A traumatic brain injury (TBI) is a life-altering event filled with often extreme physical, emotional, and financial challenges. Navigating the intricate realm of insurance claims can further add to the complexity, leaving victims and their families dealing with settlements that don’t adequately address their suffering.

For individuals who suffered a TBI or their family members, a lawyer can explain the intricacies surrounding this condition, its repercussions, and how to handle interactions with insurance companies.

If you or a family member endured a TBI due to another party’s negligence, you deserve compensation.

A TBI can bring about overwhelming burdens and financial stress as you endeavor to cover the necessary medical expenses for your recovery. Hire a TBI lawyer in Denver who can advocate for you and recover the compensation you deserve.

Understanding Traumatic Brain Injuries (TBIs)

Fighting the Insurance Company After a TBI

A TBI is a complex neurological condition with the potential to cause cognitive, physical, and emotional symptoms. These can include headaches, confusion, dizziness, and extend to seizures, loss of consciousness, and difficulties with memory or concentration.

Additionally, TBIs may lead to depression and anxiety, posing substantial hurdles in managing mood and behaviors.

Factors like the force of the accident, the location of the injury, and the victim’s pre-accident health can all impact the severity of the TBI and the likelihood of complete recovery.

The vast array of potential outcomes and the delayed onset of TBI symptoms, which may not manifest until days or even weeks after the injury, make diagnosing and treating this condition particularly complex. However, accurate diagnosis and prompt intervention can markedly enhance the victim’s prognosis and overall quality of life.

Common Negligent Accidents Leading to TBIs

The common scenarios that can lead to TBIs require taking different routes to seek appropriate compensation. Here are some prevalent examples:

Motor Vehicle Accidents

These incidents, ranging from car crashes to pedestrian accidents, cause thousands of TBIs annually. Even with recent advances in vehicle safety and accident prevention, high speeds, reckless driving, and failure to follow traffic rules can significantly increase the risk of severe head injuries in traffic accidents.

Slips and Falls

Slip and fall accidents, especially in hazardous environments like poorly maintained premises, icy sidewalks, or wet floors, can lead to many different severe injuries, including head trauma. Inadequate warning signs or neglecting to address known dangers can constitute negligence.

Defective Products

Faulty products, whether malfunctioning safety equipment, defective helmets, or other consumer goods, can lead to accidents, resulting in TBIs. Manufacturers must ensure their products meet safety standards.

Motorcycle Accidents

Due to the limited protection offered to motorcyclists, accidents involving motorcycles often lead to severe injuries, including TBIs. Negligent drivers failing to yield the right of way or violating other traffic rules may cause TBIs in motorcycle accidents.

Dog Bites and Attacks

Dog owners must control their pets and prevent them from harming others. Negligence in properly restraining or managing dogs can lead to severe injuries, including TBIs.


Acts of violence, including physical altercations or attacks, can result in traumatic brain injuries. In some cases, you can hold third parties responsible for failing to provide adequate security or intervene in a timely manner.

For example, if an apartment complex had a recent history of high crime but failed to install additional lighting or increase security patrols, you can hold them at fault if an assault on their property causes a TBI.

Determining Liability and Seeking Compensation

Proving liability in a brain injury case is a multifaceted process that requires a thorough investigation.

This involves:

  • Examining accident circumstances: Understanding the details and factors surrounding the incident is crucial in establishing negligence.
  • Establishing duty of care: Demonstrating that the negligent party had a duty to act responsibly and prevent harm.
  • Proving breach of duty: Showing that the party failed to meet the expected standard of care, leading to the injury.
  • Establishing causation: Demonstrating a direct link between the breach of duty and the resulting TBI.

The Far-Reaching Impact of a TBI on a Victim’s Life

The repercussions of a traumatic brain injury include much more than just physical challenges. They can profoundly affect the victim and their family, permeating various aspects of their lives.

TBIs can lead to significant cognitive impairments, potentially disrupting the victim’s capacity to return to work. This can result in job loss or a shift to part-time employment or less demanding roles, ultimately reducing earning potential.

The subsequent loss of income represents a substantial emotional and financial setback. In cases of permanent damage, the individual may never fully regain the ability to support themselves financially or attend to their own care needs.

TBI victims can require extensive lifestyle adjustments. Many require ongoing physical, occupational, or speech therapy. Depending on the severity of the injury, some may necessitate full-time care or reliance on assistive devices for day-to-day tasks.

Family members, if available, often shoulder the primary responsibilities and stresses associated with providing this crucial care, sadly sometimes at the expense of their own lives and well-being.

In addition, TBI victims often grapple with changes in their emotional well-being and personality. Mood swings, anxiety, depression, and other mental health challenges are prevalent, affecting not only the victim but also their relationships with family and friends. Strained dynamics and shifting relationships within the victim’s support system can lead to additional emotional distress.

The medical expenses linked to TBI care can create a significant financial burden. Hospital stays, ongoing therapy, prescription medications, specialized equipment, and routine check-ups can accumulate over time.

A TBI may reshape a victim’s life completely, necessitating significant adaptations to their lifestyle and routines. The substantial financial implications further underscore the need for compensation to support the victim’s recovery and day-to-day living expenses.

Unfortunately, insurance companies are often the last to admit this fact, making it necessary to fight an insurance company after a TBI.

Handling the Insurance Company After Suffering a TBI

In personal injury cases, including those involving TBIs, insurance companies should pay to cover a range of expenses such as medical bills, therapy, and rehabilitation costs, lost income due to inability to work, and even damages for pain and suffering.

However, to minimize payouts, insurance companies often downplay or outright reject claims. This conflicting agenda between insurer and victim can complicate the process of achieving a fair resolution, potentially necessitating a fight for rightful compensation.

Insurance Policies and Coverage

With the unique nature of each insurance policy, you need a lawyer to form a solid understanding of its coverage limits, deductibles, and exclusions to assess your case. Your attorney will prepare for interactions with the insurer and identify any attempts to undervalue your claim. Consulting a TBI lawyer can also clarify the compensation you deserve.

Common Hurdles When Dealing With Insurance Companies

Victims often encounter various obstacles with insurance companies. These may include delays in settlements, offers that fall short of fair compensation, aggressive insurance adjusters, and the unwarranted denial of claims.

A lack of understanding surrounding insurance matters often exacerbates these challenges. Insurers may downplay the severity of a brain injury and its long-term impact on your life to avoid high payouts.

Hire a skilled TBI attorney when confronted with these hurdles. They can advocate on your behalf, negotiate with the insurance company to safeguard your rights, and pursue the full compensation warranted by your individual circumstances and policy particulars.

Tips for Fighting the Insurance Company Post-TBI

Insurance companies make dealing with a traumatic brain injury an added burden. They create a complex claims process, making it challenging for victims to pursue and secure rightful compensation. Enlisting a lawyer can significantly ease this process, safeguarding your interests while seeking appropriate compensation.

The Significance of Thorough Documentation and Evidence

Careful documentation is imperative to any TBI claim. This includes documenting the circumstances of the accident, compiling medical bills, and even noting the minutest details regarding your injury and recovery.

Every piece of evidence contributes to strengthening your case against the insurer, including a comprehensive report from a medical professional detailing the extent of your injury. This detailed information underscores the severity of your condition to the insurance company. It emphasizes how the injury may have enduring effects on your life.

Effective Communication with Insurance Companies

Dealing with insurance companies demands careful and precise communication. Each interaction with them can affect your claim. Insist on written communication whenever possible for proper documentation.

Avoid discussing your medical injuries directly with the insurance company. Instead, entrust this task to your TBI lawyer, who can proficiently handle all communications related to the claim, minimizing the risk of any mistakes that can undermine your case.

Seeking the Guidance of a TBI Lawyer

A skilled TBI lawyer can assume the responsibility of liaising with the insurance company on your behalf. In addition to offering legal counsel, they will explain your rights, thoroughly review your case, gather essential documentation, and skillfully negotiate with the insurer.

An experienced TBI lawyer not only alleviates stress but also significantly heightens the likelihood of achieving a successful and beneficial resolution. This, in turn, allows you to focus more on your recovery journey.

The Vital Role of Personal Injury Lawyers in TBI Cases

After suffering a traumatic brain injury (TBI), which often brings about emotional, physical, and financial upheaval, the added complexity of dealing with insurance companies can overwhelm you.

A seasoned Denver personal injury attorney with experience in TBI cases can help you.

Personal injury lawyers possess an extensive understanding of tort law, including negligence, accident litigation, and the intricacies of insurance disputes. They are skilled at navigating the challenges posed by insurance companies, proficiently gathering vital evidence, organizing relevant medical records, and advocating vigorously on your behalf.

A TBI lawyer’s role may extend to facilitating communication between various parties, coordinating therapeutic resources, and, when circumstances demand, representing you in court to secure the rightful compensation for victims.

The Advantages of Legal Representation in TBI Cases

Legal representation in TBI cases dramatically enhances the chances of obtaining a full and fair injury settlement. Lawyers can counter insurance company tactics to undervalue your claim. They leverage their knowledge and experience to ensure that your claim accurately reflects the full extent of the damage and its impact on your future.

A TBI lawyer alleviates the burden of dealing with insurance matters from the victim and their family. This allows them to focus on recovery and rehabilitation, a critical aspect during this challenging period.

Seeking assistance from a TBI lawyer instills hope and confidence in your pursuit of justice and recovery. Their honed skills and unwavering dedication are a steadfast assurance that you are not alone in your battle against the insurance company.

Enlisting the Services of a TBI Attorney

An experienced TBI attorney plays a pivotal role in navigating these complex cases. They will conduct a thorough investigation, gather pertinent evidence, interview witnesses, and collaborate with medical professionals to build a robust case for an insurance claim or lawsuit. Their experience ensures that victims and their families have the best possible chance of obtaining the compensation they rightfully deserve.

Lauren Varner, Personal Injury Attorney

Lauren is a Personal Injury Attorney. She is Colorado native who became involved with the field of personal injury long before she became an attorney. Lauren’s professional philosophy centers around good old fashioned hard work, producing quality work product, and treating others professionally, with dignity and respect at all times.

Awards and as featured on

National Trial Lawyers Top 40 Under 40 Included in TOP 40 Under 40 by The National TRIAL Lawyers in Centennial CO Varner Faddis Top Lawyers Denver Badge – 5280 Magazine American Institute of Personal Injury Attorneys 10 Best Attorney Top 40 Under 40 5280 Denver Top Lawyers