Traumatic brain injuries (TBIs) can cause overwhelming physical, cognitive, and financial difficulties that completely alter your life. You and your family are now dealing with rising medical bills, lost income, and uncertainty about the future. The last thing you need is to deal with an insurance company that refuses to pay fair compensation. Fighting the insurance company after a TBI often becomes a battle that requires in-depth legal knowledge and a skillful approach.
Insurance companies prioritize profits over people. They undervalue TBI claims, challenge medical evidence, and use delay tactics to pressure victims into unfair settlements. You need a legal professional on your side to combat these tactics and help you recover the financial compensation you need for the long-lasting and devastating effects of a TBI.
If you or a loved one suffered a brain injury because of someone else’s negligence, speak with a TBI attorney near you to learn your rights and options to obtain compensation.
Understanding TBIs
Traumatic brain injuries vary widely in severity and symptoms. Unlike visible injuries, TBIs often present challenges in diagnosis and treatment, making insurance claims more difficult to prove.
Types and Severity Levels of Traumatic Brain Injuries
Doctors categorize TBIs based on severity:
- Mild TBIs (Concussions): Temporary symptoms like headaches, dizziness, and memory issues, though long-term effects can still develop.
- Moderate TBIs: More prolonged symptoms, potential brain swelling, and higher risks of lasting impairments.
- Severe TBIs: Permanent brain damage, cognitive decline, or even coma, often requiring lifelong medical care.
Common Causes of TBIs
Many brain injuries result from sudden trauma, such as:
- Motor vehicle accidents: Car, truck, and motorcycle crashes frequently lead to TBIs due to sudden impacts.
- Falls: A leading cause of TBIs, especially in workplaces, nursing homes, and unsafe public spaces.
- Sports injuries: Contact sports like football or boxing increase the risk of concussions and repeated brain trauma.
- Violence: Assaults, gunshot wounds, and shaken baby syndrome can also cause TBIs.
No matter the cause of your TBI, an attorney can help you hold the responsible parties accountable and increase your chances of receiving a favorable outcome.
Unique Aspects That Make TBIs Difficult to Quantify for Claims
Unlike other injuries, such as broken bones or soft tissue injuries, TBIs don’t always show up on standard medical tests. Many victims appear fine at first but later struggle with memory loss, mood swings, or debilitating headaches. These challenges make it easier for insurance companies to argue that the injury isn’t as severe as claimed.
How Insurance Companies Minimize TBI Claims
Insurance companies rely on strategies to reduce payouts, often dismissing or downplaying brain injuries.
Disputing the Severity or Existence of "Invisible" Injuries
TBIs don’t always appear on CT scans or MRIs, leading insurers to question their legitimacy. Without clear imaging, they argue that symptoms are exaggerated or unrelated to the accident.
Attributing Symptoms to Pre-Existing Conditions
Insurers often claim that memory loss, headaches, or emotional instability stem from pre-existing medical conditions rather than the accident. A person with prior migraines or anxiety, for example, might find their claim unfairly dismissed.
Delaying Tactics and Their Impact on Recovery
Delays create financial pressure, pushing victims to accept lower settlements. Meanwhile, unpaid medical bills pile up, and necessary treatments get postponed, worsening the injury’s long-term effects.
Lowball Settlement Offers
Insurance companies know that TBI victims need financial relief. They offer settlements that barely cover initial medical bills, ignoring future treatment costs, lost earning potential, and long-term suffering.
Documenting Your TBI for Maximum Compensation
A strong claim depends on comprehensive evidence. Proper documentation helps counter insurance company tactics.
Medical Evidence and Proper Diagnosis
Seeking immediate and ongoing medical care establishes a clear link between the injury and the accident. Neurologists, neuropsychologists, and rehabilitation specialists can provide necessary assessments.
Specialized Testing and Medical Opinions
Standard imaging may not capture all brain injuries. Advanced tests like diffusion tensor imaging (DTI) or neurocognitive evaluations provide clearer evidence of brain damage.
Tracking Symptoms and Treatment Journey
Keeping a symptom journal detailing headaches, memory lapses, mood swings, and fatigue demonstrates the ongoing impact of a TBI. Medical records and therapy notes further strengthen the case.
Daily Impact Documentation
Statements from family, friends, and employers can highlight the injury’s effect on daily life, work performance, and relationships.
How an Attorney Builds Your Legal Strategy
A lawyer gathers evidence, consults medical experts, and negotiates aggressively with the insurance company.
Evaluating Your Case
Attorneys assess medical records, accident reports, and witness statements to determine the full scope of damages.
Investigating the Incident
Thorough investigations uncover negligence, whether it’s a reckless driver, unsafe property conditions, or a defective product.
Working with Medical Experts Who Understand TBIs
Specialists can provide testimony to explain how a brain injury affects cognitive abilities, emotional stability, and quality of life.
Negotiation Tactics and Pitfalls
Insurance companies use common tactics to minimize payouts, but strategic responses help protect compensation.
Common Insurance Tactics to Watch For
- Questioning the injury’s severity
- Claiming delays in seeking treatment means the injury wasn’t serious
- Offering fast but inadequate settlements
Responding to Lowball Offers
A well-documented case backed by medical evidence leaves little room for low offers. Counteroffers backed by expert opinions strengthen negotiations.
When to Consider Litigation vs. Settlement
If the insurance company refuses to negotiate in good faith, taking the case to court may be necessary.
The Settlement Negotiation Process
Legal teams present medical records, expert testimonies, and financial losses to justify a higher settlement.
When Litigation Becomes Necessary
Some cases require a lawsuit to hold negligent parties accountable.
Signs It's Time to File a Lawsuit
If the insurer refuses to cover long-term care costs or denies the claim outright, legal action becomes the best option.
What to Expect During Litigation
Lawsuits involve multiple stages, including filing legal documents, gathering evidence, and presenting arguments before a judge or jury.
The Discovery Process in TBI Cases
Both sides exchange evidence, including medical records, expert reports, and witness testimonies.
Expert Testimony and Its Importance
Medical experts explain the full extent of the brain injury and its long-term impact.
Timing Considerations and Statute of Limitations
Every state imposes deadlines for filing personal injury lawsuits.
Missouri’s Statute of Limitations
Missouri allows five years from the date of the injury to file a personal injury lawsuit. Missing this deadline can mean losing the right to compensation.
Exceptions That Extend Filing Time
- If symptoms emerge later, the statute may be extended.
- Minors injured in accidents often have additional time to file.
- Fraud or concealment by the at-fault party can affect deadlines.
Shorter Deadlines for Claims Against Government Entities
Lawsuits against government agencies typically require filing a formal claim within months rather than years.
Types of Compensation an Attorney Can Help You Receive
A traumatic brain injury (TBI) often leads to significant medical expenses, lost income, and long-term hardships. An attorney can pursue compensation that accounts for both immediate costs and future needs.
Economic vs. Non-Economic Damages
A TBI claim typically includes both economic and non-economic damages. Economic damages cover measurable financial losses, such as:
- Emergency room visits, hospital stays, and surgeries
- Ongoing medical care, including rehabilitation and therapy
- Lost wages and reduced earning capacity if the injury affects future employment
- Costs for assistive devices, in-home care, or home modifications
Non-economic damages compensate for personal hardships, such as:
- Pain and suffering
- Emotional distress, including anxiety, depression, or PTSD
- Loss of enjoyment of life
- Loss of companionship if the injury affects relationships with family members
Punitive Damages
In cases involving reckless or intentional wrongdoing—such as drunk driving or assault—courts may award punitive damages. These are meant to punish the at-fault party and deter similar behavior.
Wrongful Death Damages
If a traumatic brain injury results in death, surviving family members may pursue wrongful death damages, which can include:
- Funeral and burial expenses
- Loss of financial support
- Loss of companionship and guidance
- Medical expenses incurred before the victim’s passing
Future Medical Needs and Life Care Planning
Severe TBIs often require ongoing treatment for years or even a lifetime. Compensation can cover:
- Long-term rehabilitation and cognitive therapy
- Home healthcare services
- Assistive technology, such as speech devices or mobility aids
- Modifications to a home or vehicle to accommodate disabilities
Securing full compensation ensures that TBI victims receive the care and financial support necessary for their recovery and long-term well-being.
What To Do If You Suffered a TBI in St. Louis
Taking the right steps after a traumatic brain injury can protect your health and your ability to seek compensation. Whether you’re still at the accident scene or recovering at home or in the hospital, knowing what to do next helps strengthen your claim.
Steps to Take at the Accident Scene
- Seek Immediate Medical Attention
Even if symptoms seem mild, a brain injury can worsen over time. Paramedics can assess your condition and determine if you need emergency care.
- Report the Incident
Car Accidents: Call 911 and request a police report.
Falls or Workplace Injuries: Notify the property owner, manager, or employer and request written documentation of the incident.
Assault or Violence-Related Injuries: File a police report as soon as possible.
- Document the Scene
If possible, gather evidence before leaving:
Take photos or videos of hazards, vehicle damage, or unsafe conditions.
Get the names and contact information of any witnesses.
- Avoid Making Statements That Could Hurt Your Case
Stick to the facts when speaking with police, property owners, or insurance representatives. Avoid saying anything that could be misinterpreted as admitting fault.
What to Do If You're Recovering at Home or in the Hospital
- Follow Your Medical Treatment Plan
Attending follow-up appointments, undergoing recommended tests, and tracking your symptoms provide critical medical documentation that supports your claim.
- Keep a Symptom and Recovery Journal
Write down daily struggles, including headaches, dizziness, difficulty concentrating, or emotional changes. This record helps demonstrate how the injury affects your life.
- Gather Medical Records and Bills
Request copies of hospital visits, MRIs, CT scans, doctor’s notes, and therapy records. These documents provide the foundation for your claim.
- Avoid Speaking to the Insurance Company Without Legal Representation
Insurers may ask for recorded statements or offer quick settlements that don’t reflect the true cost of your injury. Consulting an attorney before responding helps protect your rights.
- Contact a TBI Attorney in St. Louis
A lawyer can assess your case, handle negotiations with insurance companies, and pursue full compensation for medical expenses, lost wages, and long-term care needs.
Regardless of where you are in the recovery process, seeking legal guidance as soon as possible helps protect your right to fair compensation. The Bruning Law Firm offers free consultations to help you understand your options and fight for the financial recovery you deserve.
Common Questions About TBI Claims
How long do I have to file a TBI claim in Missouri?
The statute of limitations in Missouri is five years from the date of your injury. However, filing sooner strengthens your case. Certain exceptions may exist that can extend the time you have to file. If you wish to file an injury claim against a government department in Missouri, you have only 90 days. You must speak with an attorney as soon as possible to protect your rights.
Can I recover compensation if I had a prior head injury?
Yes. The at-fault party is responsible for aggravating pre-existing conditions. However, the defendant’s insurance company will likely try to claim your pre-existing condition was the cause of your TBI. Our lawyers will push back against any attempts at placing undue blame on you for your brain injury.
Will my TBI case go to trial?
Many cases settle, but our attorneys prepare each case for trial from the beginning. We’re ready to go to court for you if the insurance company refuses a fair settlement.
What if my loved one suffered a TBI and can’t file a claim?
A legal representative, such as a family member or guardian, may file on their behalf.
How is the value of a TBI claim determined?
Factors include medical costs, lost wages, pain and suffering, and the injury’s long-term impact. Our lawyers will work to get the most for your claim.
Contact an Experienced Brain Injury Lawyer Now
St. Louis personal injury attorney at Bruning Law Firm fights for TBI victims in St. Louis and the surrounding areas. We work hard to ensure our clients receive fair compensation. Contact us today at (314) 735-8100 for a free consultation and let us handle the legal battle while you focus on recovery.
