Blog

Categorieschevron

The 3 Biggest Pitfalls in Traumatic Brain Injury Claims

Traumatic brain injuries (TBIs) are among the most devastating and life-altering injuries a person can experience. Unfortunately, they can result from many common accidents, such as car crashes, falls, sports injuries, or workplace incidents.

Filing a legal claim for a traumatic brain injury can be complicated. Many claims fall short because of inadequate medical evaluations, not fully understanding the long-term effects of TBIs, and lack of strong legal representation.

If you’ve experienced a TBI due to someone else’s negligence, a Missouri traumatic brain injury lawyer at Cofman Townsley can offer professional legal guidance and assist you in securing maximum compensation.

Diagnosing a Traumatic Brain Injury

A major pitfall in TBI claims is the potential for the injury to go undiagnosed or misdiagnosed during medical evaluations. Unlike visible injuries, TBIs often present subtle or delayed symptoms, making them difficult to identify immediately.

Many individuals who sustain TBIs may not even be aware that they have suffered an injury. Often, symptoms don’t manifest for days or weeks after the initial trauma. Signs of a TBI can include headaches, dizziness, memory problems, mood changes, and cognitive impairments.

Standard imaging tests, such as CT scans or MRIs, may not always detect the presence of a TBI, especially in mild cases of concussions. Medical professionals may also fail to recognize the signs of a TBI, attributing the symptoms to other causes or dismissing them.

Failure to diagnose the injury can lead to delayed treatment and a lack of documentation linking the injury to the accident. Pursuing a TBI claim becomes more challenging without prompt, proper diagnosis.

Assessing the Impacts of a Traumatic Brain Injury

Another common pitfall in TBI claims is not fully recognizing the injury’s long-term effects. TBIs can have lasting impacts far beyond the initial accident, including:

  • Lost Wages: Many individuals who survive TBIs find themselves either unable to work or more limited in their earning capabilities in the long term. The proper calculation of lost wages and diminished earnings capacity is critical to any TBI claim.
  • Medical Costs: The costs for treating a TBI are often substantial, encompassing hospital stays, surgeries, rehabilitation, physical therapy, and continuous medical care. These costs need to be accurately calculated and included in the claim.
  • Cognitive and Psychological Impairment: TBIs frequently result in cognitive impairments, including memory problems, difficulty concentrating, and mood disorders like depression and anxiety. These conditions can impact quality of life and must be factored into the claim.
  • Pain and Suffering: The physical and emotional pain and suffering experienced by TBI survivors is difficult to measure. Compensation for pain and suffering is a crucial aspect of a TBI claim.

Seeking Legal Representation

A major pitfall in TBI claims is handling legal proceedings without qualified legal representation. Engaging directly with insurance companies, which typically seek to reduce settlements, can be costly.

Insurers have teams of lawyers and adjusters dedicated to safeguarding their bottom line, so the settlements they propose are probably much smaller than the actual value of your claim.

An experienced attorney from Cofman Townsley can make sure your interests are protected. Our attorneys have over 50 years of experience with personal injury and TBI claims. We understand how to build a strong case on your behalf, by assessing damages accurately, consulting with medical and vocational experts, and negotiating with insurance companies for a maximum settlement.

Working with an attorney lets you focus on your mental and physical recovery while your legal team handles your case. This helps you rebuild your life after a TBI, including your family relationships, career, and hobbies.

Let Us Provide Skilled Representation After a TBI

We have seen firsthand the challenges that come with TBIs. These types of injuries can have a long-lasting impact on the victim’s physical, emotional, and cognitive well-being.  They can also result in lost wages, medical bills, and reduced earning potential. 

To maximize your chances of a successful TBI claim, seek legal representation from the experienced professionals at Cofman Townsley. We understand the unique complexities of TBI claims and have a proven track record of advocating for TBI survivors. Contact us today for a free consultation, and let us get started on your case.