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The Problems With TBIs: Why Claims After Traumatic Brain Injuries Can Be Tricky

Jeffrey R. Davis

Traumatic brain injuries are a common consequence of falls, car crashes, and other accidents. TBIs can be mild and temporary or cause severe long-term disabilities. 

Compared to other types of injuries, like fractures or losses of limbs, TBIs can be trickier to assess. The recovery prognosis can be uncertain at first, and it may be unclear how much the victim will be able to work in the future. If you’re claiming compensation after a TBI here in Florida, you need an experienced attorney who can handle such cases.  

Traumatic Brain Injuries May Not Be Obvious Right Away

A skull fracture is hard to miss, but with closed TBIs, serious issues may not be immediately apparent. A closed head injury often leads to cerebral edema (swelling of the brain) and blood clots in the brain. 

Some accident survivors feel almost fine at first and may delay going to the doctor because they don’t think they suffered a serious injury. However, as the brain swells, the injured person may lose consciousness, suffer paralysis, or even pass away without quick medical treatment. Moreover, if you don’t see a doctor right after your accident, it’s harder to prove that the accident caused your injury.

Brain Injuries Can Have Uncertain Long-Term Effects

Traumatic brain injuries can cause lasting consequences like memory loss, impaired motor function, mood swings, insomnia, balance and speech problems, and chronic fatigue. These effects may improve with time or persist indefinitely. 

Until you reach your maximum medical improvement, which can take months, it’s hard to tell how much the injury will impact your daily function and employability. Insurance companies may dispute the degree of your injury, especially the effects related to mental health and memory. Insurance adjusters may argue that your condition isn’t that serious, question your loss of earning capacity, or even try to prove a pre-existing health issue made your condition worse. 

When working with a lawyer to calculate your settlement after a traumatic brain injury, you must consider all your losses. For example, can you work after your injury? Can you live independently, or will you need live-in help? What medical care will you likely require in the future? Do you need to equip your home or vehicle to accommodate your condition?

An experienced lawyer who has handled similar cases will consider all these issues when calculating your claim’s worth. If an insurance company makes an offer, your lawyer can let you know whether a settlement is reasonable and when it makes sense to start a personal injury lawsuit.

Did You Suffer a TBI? Contact Jeffrey R. Davis, P.A.

If you’re struggling with mounting medical costs and a grueling recovery after a TBI, contact our law firm. Jeffrey R. Davis, P.A., has helped many clients secure appropriate settlements after traumatic brain injuries. Our legal team will assess your case, calculate your losses, and handle negotiations with insurers on your behalf.

Call (305) 577-3777 24/7 for a free case evaluation.

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Someone who truly cares! We had been dealing with a legal issue for over two years with another attorney, with no results. Jeff Davis stepped in, and has made more progress in a few months, than we had in over two years. He communicates absolutely everything with his...

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