Four mistakes that can adversely impact your brain injury claim
Sustaining a brain injury can be a life-altering experience. Couple this with enormous medical bills, and brain injury claims become one of the most complicated lawsuits.
So naturally, the last thing you’d want when dealing with a brain injury claim is unknowingly impacting your compensation.
Especially when even the smallest and most insignificant mistakes can heavily cost you in the long run. This is why we have curated a list of common mistakes you must avoid when dealing with a brain injury case. Read ahead to learn more.
1) Delaying medical attention
Getting immediate medical attention after an accident is essential. However, despite being common knowledge, most victims choose to delay their doctor’s visit when in an accident, particularly in cases where immediate symptoms are not severe, or the victim has sustained minor injuries. Most people do not know that delaying medical attention can adversely impact your personal injury claim.
It is common for brain injury symptoms to manifest at a later point in time. Not getting immediate medical help can make it difficult to relate the new symptoms to the accident. Furthermore, the defendant can use a delay in a doctor’s visit to claim that your injuries are not severe and eventually impact your compensation.
2) Not following your doctor’s advice
Brain injuries are especially complicated conditions that require close attention and care. As mentioned before, brain injuries often take weeks or even months to manifest fully. Your doctor will likely prescribe specific preventive and remedial treatment to oversee the development of your symptoms.
Any failure to follow through can be used to dismiss the severity of your injuries or attribute them to another event. For instance, complete physical rest is commonly advised by doctors following a brain injury. However, if you decide to engage in heavy exercises, the defendant can claim any new symptoms are the result of your carelessness. This can weaken your claim and impact your overall compensation and liability.
3) Talking to insurance companies
One of the most common mistakes victims make is communicating with insurance companies without the guidance of a lawyer. It is common for insurance providers to get in touch with you post an accident and inquire about the details. Insurance companies have a reputation for asking tricky questions to avoid paying for your injuries.
What may seem like generic questions can ultimately play a significant role in your compensation. The best course of action in such scenarios is to let your lawyer communicate and answer your questions. Since lawyers are more equipped to understand the actual value of your damages, they can identify a lowball offer and avoid giving unnecessary details.
4) Not hiring a lawyer
A big misconception victims have is that hiring a lawyer leads to incurring more costs for a claim that can be easily settled without expert guidance. This misconception may arise from faulty advice given by insurance providers or the lack of knowledge regarding the legal system. Most attorneys work on a contingency fee basis, ensuring you only pay if they succeed.
Similarly, consulting a big law firm would not necessarily guarantee favorable results. Instead of going for big names, you should look for a lawyer specializing in brain injuries and familiar with local laws. After all, a San Francisco brain injury attorney will be far more equipped to handle a brain injury accident in the San Francisco Bay Area than a popular personal injury lawyer.
It is important to seek expert advice for your case
When it comes to legal matters, even the smallest of actions can lead to irreparable damage. That is why seeking expert advice and following through diligently is essential. Failing to avoid common mistakes can not only inhibit your recovery but may also influence your compensation.
