Filing an auto-accident claim when there is a traumatic brain injury

Do seek medical treatment

Nothing is more important than your health. If you have a personal injury, go to a doctor or emergency room first. Do not hesitate. The no-fault laws in some states provide insurance coverage for your medical care if you don’t have health insurance. Many injuries, such as mild traumatic brain injuries, do not appear to be as serious at first. Only later you may discover the injury is serious. So it is very important to see a doctor after an accident.

Do hire an experienced lawyer

If you have a traumatic brain injury (TBI), it is imperative that your lawyer has many years of proven success with TBI cases. Consider attorneys that spend at least 80% or more of their practice handling these cases. Your lawyer should be passionate about helping brain injury victims.

The lawyer should be considered an authority in the field of representing traumatic brain injury victims, and should be someone who teaches other attorneys how to best handle these cases. Proving TBI cases to a jury requires a great deal of scientific education and specialized courtroom skill. Your attorney must be fluent in the language of neuroimaging, micro-damage and neuropsychology.

These cases are difficult to prove and are incredibly life altering events.
Don’t leave your future to an attorney that dabbles in the field.

Do discuss legal fees

The first consultation with a lawyer should be free of charge with no up-front payments.

Your lawyer can explain how he or she can be hired on an hourly or a contingency basis. Paying on an hourly basis means your lawyer will quote you an hourly rate and will record each hour he or she spends on your case.

Attorneys spend lots of time on traumatic brain injury cases, so many victims decide to hire a lawyer on a contingency basis. A lawyer working on a contingency basis gets a percentage of the award that he or she recovers for you.

Do provide your lawyer with information

Make sure you provide your lawyer with your health and auto insurance policies. Communicate detailed, clear information about your accident. Keep your lawyer informed about your physical condition, and give him or her written permission to consult your health provider.

Do not wait to consult a lawyer

It is never too early to consult an attorney if you have been injured in a car accident.

A traumatic brain injury (TBI) case is not an ordinary personal injury case. Because most TBI victims look and sound normal in brief encounters, this serious injury is often overlooked or discounted by doctors and lawyers. In most TBI cases, the brain damage is microscopic. It has been called an invisible injury because over 90% of the magnetic resonance imaging (MRI) and computerized tomography (CT) scans do not show the damage.

Do not be your own lawyer

Don’t be your own lawyer. If the insurance company for the driver at fault for your injury calls you, have your lawyer talk with the insurance company. The only reason the at-fault insurance company is calling you is to try to take advantage of your lack of experience and knowledge. The insurer will frequently offer very low settlements to unsuspecting accident victims before you can get advice from an attorney specializing in auto and truck accident cases. Call an attorney that specializes in auto and truck accident cases before making any deals with an insurance company.

Do not worry about medical bills

Your lawyer can advise you about how your auto insurance company or your health insurance company will cover most of your medical expenses. If you were working when the crash happened, your company’s worker’s compensation insurer can also help cover the bills.

No-fault car insurance also may cover expenses related to your care, recovery or rehabilitation. Such expenses may include mileage for trips to the doctor, home nursing or attendant and home accessibility needs such as ramps, handrails, and even widened hallways and doors.

Do not worry about lost income

No-fault auto insurance may cover your lost wages if you are injured and cannot work. Typically, it will pay a percentage of your gross wages for up to a certain number of years. Even if you were between jobs, but looking for work, you may qualify for lost wage payments, based on a percentage of your gross pay at your most recent job.

Do not assume you can’t collect from uninsured drivers

Every auto insurer offers optional uninsured motorist coverage. This additional insurance covers you and your car if the driver and vehicle that hit you was uninsured, or if the driver fled after the collision and cannot be found. It acts like insurance for the uninsured (or missing) driver that hit you. Your lawyer will investigate this option for you.