En Español
En Español
Call For A Free Consultation
(480) 706-1100
Traumatic brain injury (TBI) cases are among the most complex types of personal injury claims. The effects of TBI can be profound and far-reaching, often resulting in permanent cognitive, emotional, and physical impairments for victims. Assessing your condition and the potential medical expenses that may persist long-term is incredibly important, as you need to make sure you’re receiving the compensation you deserve so you can focus on recovering. An experienced brain injury attorney in Phoenix can help you navigate this type of claim.
Insurance companies often offer settlements quickly for several reasons, primarily aimed at minimizing their financial exposure. By extending an early settlement offer, insurers can limit the amount they ultimately pay out in claims. Quick offers appeal to those who are anxious to cover immediate expenses such as medical bills or lost wages, making them more likely to accept a low offer without negotiation. This tactic allows insurance companies to close cases quickly, reducing their administrative costs and the potential for prolonged litigation.
While these quick offers might seem appealing initially, they often fail to adequately reflect the true extent of injury-related damages and future needs that can be related to traumatic brain injuries.
Navigating a settlement for traumatic brain injury requires thoughtful consideration of several critical factors that could impact your future well-being and finances. Here are some essential aspects to assess before deciding on accepting an offer:
Have you reached maximum medical improvement (MMI)? Understanding whether you’ve stabilized medically is crucial. If you’re still undergoing treatment or showing potential for improvement, it might be wise to wait before finalizing a settlement so you know what financial responsibilities you may face in the future.
Does the settlement cover all current and anticipated costs? Assess if the offered amount accounts comprehensively for things like lost wages due to time off work along with other associated financial consequences stemming from your TBI.
Consider how the intensity of your traumatic brain injury has affected daily tasks, working ability, and overall quality of life. Have you lost out on personal activities or hobbies you once enjoyed? If serious deficits remain because of the head injury, you need to make sure the settlement offer adequately covers these losses.
Evaluate the strength of your legal case. Consider all evidence supporting liability, including medical records, accident reports, and witness testimony, that corroborates your claims. If your case is strong, you could have leverage to negotiate a higher settlement offer.
Ultimately, the best thing to do when evaluating a settlement offer is to work with a personal injury attorney. They can help you assess these factors comprehensively and determine whether an offer adequately addresses your current situation and future needs.
Accepting a settlement without seeking legal counsel can lead to significant risks that may affect your future wellbeing and financial stability. Here’s what can happen:
Underestimating Your Claim: Without proper evaluation by an experienced injury attorney, you risk undervaluing your claim and potentially receiving less compensation than you truly deserve, leaving gaps in coverage for medical expenses or rehabilitation costs associated with TBI recovery.
Pressure from Insurance Adjusters: Insurance adjusters often prioritize their company’s bottom line rather than your best interests. They may pressure you to agree quickly to a settlement by downplaying the severity of your injuries or suggesting that taking an early offer is advantageous. Without legal representation, it can be difficult for you to navigate these conversations and recognize when the terms proposed are not in your favor.
Finality of Settlements: Once you accept a settlement offer, it is final; this means that regardless of how your condition progresses or any unforeseen complications that arise later on, you lose the right to pursue additional claims related to the same incident.
In light of these risks, obtaining legal advice before accepting any insurance offers is essential. Contact Hastings & Hastings to schedule a free consultation.