How Insurance Companies Try to Downplay a Brain Injury from a Car Accident – and What You Can Do About It

You’ve been in a car accident. Thankfully, you walk away from it, not seeming to be injured. But as days pass, you feel that something isn’t right. You start developing symptoms that suggest you might have suffered a brain injury from the car accident.

Traumatic brain injuries (TBIs) are relatively common in car accidents. They can range from mild TBIs (also known as concussions) with temporary symptoms to severely debilitating damage with long-lasting consequences.

But even what is considered a “mild” TBI can still cause significant disruptions to your life, requiring treatment or missed work that is worth compensation. But the nature of TBIs can make it easier for insurance companies to try to devalue brain injury’s effect on your life or deny compensation entirely, saying it is not related to your accident.

Following are some of the ways a brain injury after a car accident can get downplayed by an insurance company. We will also discuss the actions that you and an experienced accident and brain injury attorney can take to help you receive the compensation you deserve.

The insurance company can try arguing a lack of cause for your brain injury

Some assume that a TBI can only occur if your head has forcefully slammed against another object. In a car accident, this object might be the steering wheel or the side window.

But direct impacts like these are not the only causes of TBIs. The brain has room for a little movement within the skull. When severe forces are applied, such as from whiplash or other sudden movements in a car accident, the brain can become jostled and even collide against the inside of the skull, causing a brain injury.

So even though a brain injury can occur without any direct impact to your head, the insurance company could try to argue that your brain injury symptoms can’t be tied to the car accident as a cause, thus denying their responsibility for compensation. Their argument can become more difficult to disprove when a brain injury isn’t immediately diagnosed.

A brain injury can be difficult to immediately detect

It only makes sense that a TBI is easier to connect to a car accident if one is quickly diagnosed afterward. Unfortunately, the signs of a brain injury aren’t always immediately obvious – even to doctors.

If your accident requires emergency medical attention, doctors will naturally focus on the most immediate threats to your well-being. That might not include looking closely at your brain if you are not showing any dangerous symptoms at the time.

And if doctors do perform tests for TBIs, that does not guarantee they will find evidence of them. Signs of brain injury do not always show up on CT scans and other imaging tests. Some TBIs will only appear on specialized tests, but doctors might not deem them worth the cost to run at the time. As long as you are alert and coherent, doctors will likely focus their attention elsewhere.

Symptoms of a TBI might not be evident until days or weeks after a car accident

So even if you receive initial treatment, the signs of a brain injury might not be noticeable for some time. Initial symptoms are sometimes easy to pass off at first. Other times, it takes a loved one to notice that something has changed.

The symptoms of a TBI can vary from case to case, but may include:

• Headaches
• Dizziness
• Loss of concentration
• Confusion or disorientation
• Memory difficulties
• Changes in mood or behavior
• Trouble with vision and focusing

Such symptoms can easily begin interfering with one’s ability to do work or enjoy life, especially if they remain persistent. But the delay in symptoms could be used by the insurance company to push an argument of a pre-existing condition or other event being responsible instead of the accident.

BLOG: 3 Signs of a Brain Injury After a Car Accident

The insurance company might offer less than you really need

If the connection between your brain injury and car accident is difficult to deny, the insurance company might try to rush a settlement, offering a lower figure before you have an opportunity to fully determine the extent of your treatment and compensation needs.

There is understandable pressure to take a settlement offer, especially if you begin to have medical bills and lost workdays piling up. But you are not obligated to accept the first settlement offer you are given. And if you do accept it, you will likely not be able to receive a higher settlement if you find out you have more bills and needs to cover later.

How to help prove your brain injury case to the insurance company

With good evidence and preparation, it’s possible to dispute an insurance company’s stance and fight for a more appropriate settlement. Here are some tips:

• Always get a medical evaluation after a car accident. Even if you feel fine afterward, and even if no signs of a TBI are discovered at the time, establishing a medical record quickly after your accident can be very helpful to your case.
• See a specialist if you start experiencing TBI symptoms. As we noted, even if doctors initially found no evidence of a TBI, that doesn’t necessarily mean you don’t have one.
• Always follow medical advice as best you can. Keep all scheduled appointments and stick to any treatment plans. That can make it harder for insurance companies to pin your symptoms on outside factors or claim your symptoms must not be affecting you as badly as you say.
• Document your TBI symptoms. Keep a journal recording all of the symptoms you are experiencing and how they are affecting your life. Include your emotional state, any medical or therapy appointments you had that day, and any relevant comments from friends or family. Do not lie or exaggerate your details, as that could be used against you.
• Consult with a personal injury attorney. An attorney with experience in car accident and brain injury cases can serve as your legal representative and help you organize a more effective argument to the insurance company. Their knowledge of the law and access to resources such as expert witnesses can push for more reasonable settlements while keeping your best interests a priority.
• Do not talk with the insurance company before consulting with an attorney. The insurance company might come across as friendly, but they might try to get you to either take a lower settlement than you deserve or give a recorded statement that they can use against your case. Be friendly and polite, but you are under no obligation to make any statements or decisions without an attorney.

Have a Brain Injury from a Car Accident? Call Feroleto Law

TBIs are never something to take lightly. Their impacts on your life can be substantial, and you deserve fair compensation as you work toward recovery.

The car accident and personal injury attorneys at Feroleto Law will be happy to discuss your case and help you determine your best next steps forward. We can help you negotiate a settlement with the insurance company and take them to court if we need to.

We’ve helped clients throughout Buffalo and New York state find the compensation and recovery they need. Call our office at (716) 427-0246 or fill out our online contact form to schedule a free and confidential consultation.