A traumatic brain injury (TBI) can significantly affect the handling and outcome of a car accident claim. Unlike minor injuries that typically heal with time, a TBI may result in long-term or permanent impairments. That may influence how damages are calculated, how liability is determined, and how long the legal process might take.
What Makes a TBI Different From Other Injuries in a Claim?
A TBI affects the brain’s function and may not be immediately visible after a crash. These injuries range in severity and may include concussions, brain contusions, or penetrating injuries. Since the signs of a brain injury may appear over time, early documentation is often more difficult. The injured person may experience immediate or progressive memory issues, personality changes, headaches, sleep disturbances, or sensory problems.
Because of the potential for long-term cognitive and emotional effects, a TBI claim often requires more detailed documentation from medical providers and may involve multiple evaluations over an extended period. This injury often brings a higher level of scrutiny from insurance adjusters who may question the diagnosis, treatment plans, or the extent of the impact on daily life.
How Does a TBI Affect the Value of a Claim?
The presence of a TBI may increase the potential value of a car accident claim, depending on the extent of the harm caused. Medical expenses might be higher in cases involving brain injuries, especially if the injured person requires hospitalization, rehabilitation, or long-term care. Lost wages may also be greater if the injured person cannot return to work or must take a different job due to cognitive limitations.
In addition to financial losses, non-economic damages may be higher. These include pain and suffering, emotional distress, and loss of enjoyment of life. However, quantifying such damages can be difficult, and they may be heavily contested by opposing parties.
What Challenges May Arise in a TBI Claim?
One of the primary challenges in a TBI claim is establishing the connection between the accident and the injury. Because symptoms may be subtle or delayed, insurance companies may argue that the injury was preexisting or unrelated. Comprehensive medical records, diagnostic imaging, and statements from treating professionals can help demonstrate the cause and impact of the injury.
Another challenge is proving the ongoing effects of the brain injury. A TBI may not show up on traditional scans like X-rays or even some MRIs, making documentation and treatment records particularly important. In addition, memory problems, mood disorders, and other cognitive symptoms can be difficult to explain and may not be outwardly obvious, leading to skepticism from adjusters or jurors.
Is It Still Possible To Settle a TBI Case Out of Court?
While litigation may be necessary in cases involving a TBI, many of these claims are still resolved through settlement. Insurance carriers may be willing to negotiate if strong evidence supports the extent of the injury and its impact on the claimant’s life. Settlement discussions in these cases are often more detailed, involving multiple parties and a thorough review of medical evaluations and financial losses.
Settlements in TBI cases may also require structured arrangements to provide for future care or ongoing needs. These agreements must be carefully reviewed to avoid undervaluing long-term effects or omitting necessary provisions.
Take the Next Step: Contact the Chester County Car Accident Lawyers at Eckell Sparks
A TBI following a car accident can affect nearly every aspect of a person’s life, and our Chester County car accident lawyers can handle the legal aspects of your case while you focus on recovery. To learn more, call our Media or West Chester, Pennsylvania office at 610-565-3701 or submit our online form. Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. serves clients in Delaware County, Chester County, and Montgomery County.