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7 Brain Injury Claim Mistakes and How to Avoid Them


7 Brain Injury Claim Mistakes and How to Avoid Them

brain injury claim mistakes

They say time heals all wounds, but everyone who has a loved one with a TBI knows that isn’t the case. A TBI has the power to alter a person’s entire personality and life.

It can also cause a windfall of losses that’s hard to bounce back from. One thing that could provide some recourse is a personal injury lawsuit.

If someone else caused or contributed to your accident, then it’s worth investigating.

Are you working on formulating a claim now? If so, then you need to avoid common brain injury claim mistakes that could derail your case. Read on to learn what to avoid to ensure justice gets served.

1. Minimizing Your Injury

The number one mistake you could make after a brain injury is to downplay it. All too often, concussions or “mild” TBIs get minimized when they are very serious.

Get medical help if you suspect brain injuries are possible after an accident. If you can’t seek care immediately, then do so as soon as you can.

The faster you seek medical care, the better position you’ll be in. Delaying care for even 10 minutes could make a huge difference in a brain injury situation.

What’s more, delaying treatment could impact any future brain injury compensation. Your compensation could get reduced if you didn’t seek out help as soon as you should’ve.

2. Disobeying Your Doctor’s Orders

If you visited the doctor in a timely fashion, then you’ve done well. That doesn’t mean your work is over, though. You must also follow through and obey your doctor’s orders.

If your doctor ordered you to rest, then you need to rest. If your doctor restricts activity, then DO NOT disobey them.

Failing to follow medical advice could be disastrous. Not only could your behavior make your injury worse, but it also puts your compensation at risk, too.

3. Posting About Your Injury Online

In 2022, if you aren’t posting your personal life online, then you’re an anomaly. Prepare yourself for this role if you’ve experienced a brain injury.


Everything you post online will become fair game for the other party. Anything you post can get used against you throughout the claim filing process.

You might think you’re posting an innocent selfie, but it could show up as evidence against you later. Don’t give the other side any ammo against you. Instead, consider ghosting your online profile until your claim gets resolved.

4. Underestimating Your Losses

Another common mistake is to underestimate the losses associated with the brain injury. While medical costs and lost wages are obvious, other losses may not be.

For instance, do you support your family with your income? Will your injury prevent you from fulfilling family obligations? Have your personal relationships suffered due to the injury?

Some losses are quantifiable, but others aren’t so easy. Pain and suffering, for instance, are not easy to put a value on. Speak with a lawyer to better understand the value of your losses.

5. Accepting a Low Settlement

Once you accept a settlement, you won’t be eligible to seek out more for the same injury. With that in mind, it’s crucial to never accept a settlement or offer that doesn’t compensate you in full.

To avoid this, you’ll need to avoid the mistake above. You need to know for sure how much your claim is actually worth.

You’ll also need to avoid the mistake below. A quality lawyer will know how to say ‘no’ and negotiate a reasonable settlement.

6. Hiring a Low-Quality Lawyer

Another major faux pas is hiring a low-quality lawyer. Sometimes, a bad lawyer is even worse than hiring no lawyer at all.

To ensure that you hire the best representative, do some online research first. Look at previous reviews, and ensure that the lawyer’s an expert when it comes to brain injuries.

Verify the lawyer or firm’s past case results. Finally, schedule a consultation to get a feel for the lawyer’s personality.

You also need to make sure that the lawyer has time to take on your case. A busy lawyer will likely turn to legal aids to help do the work on your claim. That’s not the best position to be in.

The best lawyer will also be local. They’ll have experience in the courtroom where your case will take place. That also means they’ll have good relationships with local courtroom workers.

They should also have a good reputation.

7. Missing Your Claim Filing Deadline

Getting your brain injury claim documents together takes a lot of time. It will also take a lot of time to determine the extent of your brain injury. Often, the extent of the damage won’t be clear right away.

It will take even more time to account for your other losses. For instance, how much will you lose when it comes to lost income? Will your ability to work in the future get compromised?

Since claims take time, it’s not uncommon for victims to miss their deadline. If the clock runs out, then you won’t be eligible to file a lawsuit at all.

Avoid These Brain Injury Claim Mistakes and Get Justice

The above brain injury claim mistakes could be devastating to your case. You’ll want to do all you can to avoid them. By doing things the right way, you should be able to secure justice and rightful compensation.

A brain injury claim is extremely complex. Don’t make the mistake of going at it alone or hiring a lawyer that isn’t equipped to handle your situation.

If you’re searching for a quality brain injury lawyer who can help, then look no further. We want to help you recover as best you can. Getting the compensation you deserve is a huge step in that recovery journey.

Request a consultation with our firm now to get started.

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