Should I Accept a Traumatic Brain Injury Settlement?

In most cases, you should not accept a traumatic brain injury settlement before speaking with a lawyer. You need advice from someone who understands the law and can accurately assess the compensation you require to cover your expenses. 

It would be nice if insurance companies did that. More often, they offer low settlements to pay as little as possible. When you and your family are hurting, it can be tempting to take the money. By doing so, you may waive your rights to further compensation if your condition worsens. 

You need someone in your corner who will fight for the settlement you deserve. A Phoenix traumatic brain injury lawyer can negotiate with insurance companies on your behalf. Contact us today for a free consultation.

Should I Talk to the Insurance Company Myself?

In most cases, you should avoid speaking with representatives of the at-fault party’s insurance company. A skilled attorney can advise you on the best approach for your situation, and it is wise to get representation as soon as possible after your accident. 

Some insurance companies use deceptive tactics to deflect blame from their client or muddy the waters for your settlement. One wrong word, even spoken honesty, can complicate your claim and give them a potential avenue to slip out of their responsibility. 

A personal injury lawyer knows the insurance company’s tricks and how to counter them. We can speak to the insurance company on your behalf and make sure your interests are protected. Don’t try to take on powerful insurance companies on your own.

For a free legal consultation, call (866) 499-8989

How Can a Personal Injury Lawyer Help Get a Bigger Settlement?

Should you accept a traumatic brain injury settlement without consulting an attorney, you will likely miss out on the total compensation you deserve. 

When you hire a skilled attorney to represent you in your personal injury claim, you give yourself a better chance of receiving maximum compensation. This is especially important in complex cases involving traumatic brain injuries.

The law is complicated, and insurance companies have an unfair advantage over ordinary people who just want to heal and move on with their lives. A personal injury lawyer has the experience and knowledge to level the playing field. Here are some of the ways we can help: 

Avoiding Common Mistakes

If you or a family member has just experienced a catastrophic injury, it is understandable that you may not be thinking clearly. It is easy to make mistakes that could compromise your compensation, especially when insurance companies use this stressful time to their advantage. 

Investigation and Evidence Collection

Your lawyer can investigate your accident and uncover details you may have missed. We’ll discover who is responsible for your injury, which could be more than one party. We may review police reports, visit the accident scene, or speak with eyewitnesses. 

Accurate Valuation of Injuries

Your lawyer will know how to assess your compensatory damages and come up with a fair settlement amount. We’ll consider current economic and non-economic expenses, as well as the future costs of care and rehabilitation, to come up with an amount that will matter in your life. 

Enlisting Experts

As experienced brain injury attorneys, we have seen many different types of cases. Often, it is helpful to get the opinion of an expert or undergo specific evaluations that will show the extent of your injury. Your lawyer will know whom to trust. 

Dealing with Insurance Companies

One of the most important ways a lawyer can improve your settlement offer is by representing you against insurance companies. We’ll advise you during your case, negotiate on your behalf, and aggressively pursue the compensation you deserve. 

Courtroom Representation

Most people find representing themselves in court terrifying. While we prefer to settle your case at the negotiating table, we aren’t afraid to take on insurance companies in court. If it comes down to it, we will represent you in a civil suit and let a court decide your award.

What is the Maximum Settlement for a Traumatic Brain Injury?

Every traumatic brain injury case is different, and it is impossible to predict how much compensation is available for a brain injury without reviewing your case. Your lawyer will evaluate your economic and non-economic compensatory damages to arrive at a fair number. 

Economic Damages

Economic damages are easy to quantify since they typically are associated with a dollar figure. Examples of economic damages you may be able to claim include:

• The cost of medical bills
• Expenses for physical and occupational therapy
• The costs of medication
• The cost of adaptive equipment
• The estimated costs of future medical expenses and ongoing treatment
• Lost wages
• Lost future wages due to your traumatic brain injury
• Job retraining expenses

Non-Economic Damages

Non-economic damages are tougher to prove and only apply in certain situations. Your attorney can help you understand that you may be entitled to any of the following:

• Pain and suffering
• Loss of enjoyment of life
• Emotional distress
• Mental anguish
• Scarring or disfigurement

Punitive Damages

In addition to compensatory damage, punitive damages are one more category of damages you may be entitled to. These damages won’t be part of the insurance company’s settlement. They are awarded by a court when the defendant has acted illegally or with extreme negligence. 

The idea is to punish the defendant and dissuade them and others from similar future actions. Punitive damages can greatly increase your award. However, they are only available if your case escalates to a civil trial and in rare instances. 

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Get Help from a Traumatic Brain Injury Attorney

Should you accept a traumatic brain injury settlement? In most cases, no, not without first speaking with a knowledgeable attorney. However, there may be times when an insurance company makes a fair offer that meets your needs.

Even then, it is difficult to assess a settlement offer without the expertise to evaluate the true value of your economic and non-economic hardships. It is still smart to talk to an attorney to ensure the offer is legitimate and you won’t have any surprises in the future. 

The Zanes Law Team has been standing up for people like you since 2003, and we’ve recovered over $500 million in settlements and awards for our clients. Contact us for a free consultation to learn how we can help.

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