Protecting Your Legal Rights After a Traumatic Brain Injury

A traumatic brain injury is one of the most frightening and unpredictable outcomes of a car crash, slip and fall, or other type of accident. Your outcome is dependent on a number of factors, many of which are out of your control. A lot depends on how much plasticity your brain has, which parts of the brain are affected, and how quickly you receive treatment. Furthermore, the very nature of a TBI can make it difficult to seek treatment, keep track of appointments, and protect your right to pursue compensation.

If you’ve suffered a TBI because of someone else’s negligence, it’s time to talk about your legal options. Call Olmstead & Olmstead at 703-361-1555 to set up a consultation right away.

Prioritize Your Medical Treatment

First, your top priority must be your medical treatment. Not only is this what’s best for your health, it’s what’s best for your personal injury claim. The other party’s insurance company will be looking for evidence that you are not taking your injury seriously or that you aren’t making a serious effort to heal.

If you regularly skip appointments, ignore your doctor’s treatment plan, or don’t take your prescribed medications, that will make it much harder for your attorney to get you full and fair compensation. Attend all of your appointments (and if you must miss one, reschedule right away), engage in your treatment plan, and make a solid effort to do everything your doctor says. If you have questions or concerns regarding your treatment plan, don’t be afraid to ask your doctor directly.

Reach Out to a Personal Injury Attorney

A personal injury claim for a traumatic brain injury is not something you want to handle on your own. You’re at the mercy of the other party’s insurance company, which will have no problem using your condition against you as they try to get you to say something that drives down the value of your claim. Not only that, without an attorney it’s nearly impossible to know the actual value of your injury.

A TBI can affect you the rest of your life, and without an attorney’s help, you risk accepting an insultingly low settlement that doesn’t cover your expenses. Your attorney will take over communication with the insurance company, gather evidence regarding your accident, and help build a case that can help you get the compensation you deserve.

Keep the Details of Your Accident and Injury Private

When someone else’s negligence or carelessness leads to a serious injury, it’s tempting to put them on blast. You might want to go to close friends and family members and tell them all about the accident and what you’re doing with your lawyer. You might even take your complaints to social media and end up with a viral post. This all works against you when it comes to getting full and fair compensation.

Any discrepancies between your recorded statements, what you have told loved ones, and what you post on the Internet is fodder for the insurance company. They will point to these discrepancies and use them as evidence that you are falsifying your claim to make money off of them. They will do this even if your TBI makes it difficult to remember details, communicate clearly, or make sound decisions.

Take Notes on Your Condition

With a TBI, it can be difficult to tell how you change from day to day. You might have a string of really good days where you can take care of yourself without issue, only to feel suddenly like you are back at square one in your recovery. It is important to take notes on these changes, as they show the extent of the TBI’s impact on your life. Consider keeping a personal injury journal where you record how you feel each day, what you are and are not capable of doing, and what your pain levels are like.

Choose Olmstead & Olmstead for Your TBI Claim

A traumatic brain injury can change the course of your life, which is why it is so important to get the compensation you deserve after an injury. Let us help you through this difficult time as you focus on your recovery. Set up a time to talk now by calling us at 703-361-1555 or getting in touch with us online.