If you or a loved one has suffered a brain injury in a Louisiana car or truck accident, understanding how insurance companies evaluate these claims and how they attempt to limit what they pay is essential to protecting your claim.
Because traumatic brain injuries are both devastating and difficult to see, they are also among the most aggressively contested injury claims in personal injury cases. An experienced Baton Rouge brain injury lawyer can build your strongest case and help you secure maximum compensation for your brain injury claim.
The Insurance Company’s Investigation
When a traumatic brain injury claim is filed, the insurance company does not begin its evaluation from a neutral position. Its adjusters are trained to assess claims to minimize liability. Since brain injury claims can carry enormous long-term costs, insurance companies scrutinize every detail.
Insurance companies begin their evaluation by reviewing the accident report and initial medical records. They will examine the diagnostic imaging to look for proof of the injury. However, many traumatic brain injuries do not show up clearly on standard imaging. The absence of a visible problem on the scan does not mean there is no injury.
A knowledgeable brain injury attorney will understand how to counter this tactic by presenting comprehensive medical evidence and expert testimony.
How Insurance Companies Challenge Brain Injury Claims
Once the initial records are reviewed, insurance companies often use several strategies to reduce the value of a brain injury claim, including:
- Arguing the injury was not caused by the accident. The adjuster will look for any evidence that the claimant had prior head injuries, pre-existing neurological conditions, or any other medical issue that can be used to argue that the symptoms are not the result of the accident.
- Arguing that the injury is minor or has resolved. Insurance companies often try to characterize brain injuries as concussions that have healed. This is especially true when the victim returns to work or when the victim did not immediately seek neurological care. However, many brain injuries do not become fully apparent until weeks after the accident.
- Hiring their own medical experts to dispute the claim. Insurance companies often retain medical examiners to render opinions that will minimize the severity of an injury.
- Monitoring social media accounts. Insurance adjusters routinely search claimants’ social media profiles looking for photos, videos, or posts that show any inconsistency with the claim.
An experienced brain injury lawyer knows how insurance companies operate and can anticipate and counter these tactics to protect the value of your claim.
Damages Recoverable in a Louisiana Brain Injury Claim
In a successful brain injury claim, you can recover economic damages, such as current and future medical expenses, lost wages, necessary modifications to your home or vehicle, and other financial expenses and losses.
You could also recover non-economic damages, including pain and suffering, mental and emotional distress, loss of enjoyment of life, and other intangible losses.
In rare cases, such as if a drunk driver caused your injuries, you may be awarded punitive damages in addition to economic and non-economic damages.
You need the assistance of an experienced brain injury attorney to help ensure that all your current and future economic and non-economic damages are established, accurately valued, and supported by strong evidence. At Chris Corzo Injury Attorneys, our brain injury lawyers in Baton Rouge will fight tirelessly for every dollar you are entitled to.
Contact a Baton Rouge Brain Injury Attorney Today
At Chris Corzo Injury Attorneys, our personal injury lawyers have the experience, skills, and resources to build your strongest brain injury case and help you secure maximum compensation.
Call (225) 999-1111 or visit our contact page today to schedule a free consultation with a dedicated Baton Rouge brain injury attorney and discuss your claim.