CAR ACCIDENT I PERSONAL INJURY I TRAUMATIC BRAIN INJURY I VERDICT: Why delay in hiring a Lawyer Can be Fatal for your TBI case. “When do I need to hire a Car Accident Lawyer?”

CAR ACCIDENT I PERSONAL INJURY I TRAUMATIC BRAIN INJURY I VERDICT: Why delay in hiring a Lawyer Can be Fatal for your TBI case. “When do I need to hire a Car Accident Lawyer?”

December 17, 2019

Following a car accident a common question is “When do I need to hire a car accident lawyer?”  Because insurance companies have adjusters and lawyers that begin evaluating your case right away, it is essential to retain the services of a personal injury lawyer as soon as possible. While it is essential to retain a car accident lawyer immediately after any accident, it is even more necessary in Traumatic Brain Injury case.  Not hiring a personal injury attorney early on is fatal for a TBI claim.

When do I need to hire a Car Accident Lawyer?

You need to hire a car accident lawyer immediately, and this is more essential if TBI symptoms begin to present themselves.

When you have sustained a serious blow to the head as a result of a collision, either a sudden “jolt” of force or serious whiplash, injury victims begin to experience TBI symptoms such as headache, confusion, insomnia, nausea etc… Alternatively, an accident victim could have blackout in a car accident or “lost consciousness” not remembering what occurred or if they sustained a “jolt of force to the head”.  In these instances: securing legal representation to communicate with claims adjusters on a victims behalf is necessary; followed by seeking prompt medical treatment so that medical records and evidence is properly preserved.

Why delay in hiring a Lawyer Can be Fatal for your TBI case.

Typical insurance behavior that is detrimental to TBI claims include:

Insurance Carries seek to secure Early and Inaccurate Statements from Injury victims: Claims adjuster’s seeking immediate statements, so injury victims are restricted to their initial statements and complaints although information was not complete and accurate at the time of their disclosure.

Ex: An injury victim sustains a serious jolt of force to the head, later that day a claim adjuster calls demanding a statement. The injury victim, unaware of the gravity of their statement, merely states that they are experiencing a headache or that they “hit their head”.  As the night progresses and several days go by the injury victim realizes that the headache has not subsided and now there are complaints of insomnia, confusion, sensory sensitivity, mood changes and cognitive impairments.

Insurance Carries will gather evidence that favor their position. Early on insurance representative will contact you and act like they are your friend or ally; however; when you are providing a recorded statement, the questions are posed in a manner that favor the insurance carrier, not you. Once you have gone “on record”, it can be difficult to undo this damaging evidence.

Insurance Carries will extend a quick settlement offer that fails to fairly compensation you for the harm. Before you even have time to assess the extent of your injuries, you may be contacted by a claims adjuster and offered something like, “we will pay your medical bills and give you another $500 for your troubles.”  Many people take this deal and sign a release.  If you find you have further complications down the line, tough luck — in most states, including California, a release is worded in such a way as to make it almost impossible to ever seek anything further after you sign.

Delay in making a determination as to liability in hopes of discouraging an accident victim from seeking medical treatment. Insurance representatives can discourage you from seeking medical treatment or infer that they won’t pay for any such treatment until they can “confirm liability” or “find out more information.”  The intention with this delay is to encourage an accident victim to not seek out medical treatment. “Gap in treatment” arguments or “delay in treatment” arguments allow insurance carriers to argue that the damages are not a result of the car accident. If you do not seek prompt medical attention, it can later be used against you and this battle can be difficult to subsequently overcome.

Claims Adjusters are seeking to lock injury victims into their statements and accept an early settlement offer when TBI lead to problems later in life.Following a car accident parts of the brain cannot berepaired, take months or years to self-correct or endure progressive decline, resulting in long-term or lifetime damage. When injury victims are pressured into early settlements and/or do not have medical records to confirm and collaborate their TBI symptom, they cannot be fairly compensated for their damages.  Hiring an accident attorney early on can help an injury victim effectively navigate through this dilemma and preserve an accurate record.

Long-term conditions of traumatic brain injury include:

  • Headaches
  • Insomnia and Sleep Disorders
  • Memory Impairment
  • Cognitive Deficiencies
  • Reduced Concentration
  • Light and Sound Sensitivity
  • Dizziness and Nausea Spells
  • Balance or Visual Disturbance
  • Fatigue and Chronic Loss of Energy
  • Mood Disorders: Irritability, Depression and Anxiety
  • Social Disturbance: Withdrawal and Personality Changes

Additional articles discussing TBI and head trauma following a collision are linked below:

If you sustained a head injury or were involved in a rear-end collision, you need an experienced TBI attorney and personal injury lawyer. Call us today at 619-432-5145 for a free consultation with one of our experienced San Diego Traumatic Brain Injury attorneys and personal injury lawyer.

Diana Legal