A sudden hit or jolt to your head can cause you to suffer from serious brain damage. This is commonly seen in traumatic brain injuries. Traumatic brain injuries, or TBIs, can have long-term physical, mental, and cognitive effects. The negative impact that your injury can have on your life is all the more reason why you should be compensated for it if you sustained the injury in an accident caused by someone else.
After hiring an attorney who can best help you pursue the compensation you may be owed, you’ll have to file a claim (or lawsuit, if necessary). You’ll need to show that you sustained a TBI due to the accident to maximize your chance of obtaining compensation. Below are five tips for proving your TBI when you pursue compensation.
Tip #1: Seek Medical Care
One of the first things you should do after sustaining a TBI is to seek immediate medical care and attention. Traumatic brain injuries can be serious. You need an urgent diagnosis to receive the treatment you need to protect your health and increase your recovery chances. Medical professionals will document your injury and the treatment needed for maximum recovery.
Documentation of your traumatic brain injury will be the basis of support for your claim or lawsuit. To be compensated for your TBI, you have to show proof of your TBI. Evidence of your TBI may include your medical records containing your diagnosis, examination by medical professionals, and diagnostic imaging.
Tip #2: Provide Past Medical Records
Your insurance company will try to reduce the compensation they may have to pay you for your injuries. After all, their goal is to increase their profits while minimizing the compensation they must pay for claims. One of the ways insurance companies reduce injured victims’ compensation is by claiming that their injuries were the result of preexisting conditions as opposed to being caused by the accident.
You can show that you didn’t have a TBI by providing your records containing your medical history. Or any other medical condition that could contribute to you sustaining a traumatic brain injury before the accident happened.
Tip #3: Expert Medical Testimony
If your medical records and history aren’t enough to get you the compensation you’re entitled to, your attorney can help you get medical experts to provide statements or testimony to support your case. Medical experts can provide information that supports your traumatic brain injury diagnosis. Their expert testimony can also explain the long-term physical effects of your traumatic brain injury.
Tip #4: Family and Friends as Witnesses
Your loved ones and others who have been around you while you’ve dealt with the aftermath of your traumatic brain injury can support your case. Family, friends, and associates who knew you before your traumatic brain injury can speak to how you’ve changed as a result of your traumatic brain injury. They may be able to support the more visible effects of your traumatic brain injury. Others may be able to show how your traumatic brain injury appears to be impacting your everyday life and describe any limitations that they’ve seen you struggle with as a result of the injury.
Tip #5: Adherence to Your Prescribed Treatment
Another way that your insurance company may also try to reduce your compensation or deny your claim is by arguing that your TBI isn’t as severe as you claim. Or isn’t causing you to suffer serious losses. For instance, if you were to stop attending your physical therapy sessions and other treatments that your doctor prescribed for your recovery, the insurance company may claim that your traumatic brain injury wasn’t serious. They may even question whether you were honest in your claim. An individual or company may try to claim the same thing in court.
You can combat this by following the treatment plan that your doctor prescribes for you. You should attend any specialty medical appointments and receive any treatment, therapy, or rehabilitation advised by the medical professionals treating your TBI.
Call the Experienced Brach Eichler Injury Lawyers for Help with Your Traumatic Brain Injury Case
You may be entitled to compensation if you have sustained a TBI in an accident due to someone’s negligent actions. The Brach Eichler Injury Lawyers who handles New Jersey traumatic brain injuries can help you recover your compensation for your TBI from the person who caused it. We’ve spent years helping TBI victims pursue and obtain the compensation they deserve.
Call us today at (973) 364-8300 or online for a free initial consultation. We’ll review your case and discuss the best ways for you to move forward.
Written by: Brach Eichler Injury Lawyers Last Updated : August 23, 2023We are the trial attorneys with the experience and knowledge to get you the results you deserve. At Brach Eichler Injury Lawyers, we take time to get to know you, as well as your case. We are committed to excellence. It is important for our team to understand your fears, concerns and expectations. We are always available to answer any questions, and are willing to come to you if you are unable to come to us.
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