(727) 381-2300 St Petersburg Personal Injury Attorneys McQuaid & Douglas

How do insurance companies value traumatic brain injuries after a car accident? So the topic of this video came up because I have a traumatic brain injury case that was a result of an injury from a car accident, actually was a rear end, uh, to a mother and her, uh, two daughters, uh, she was thrown forward, her head hit the steering wheel, concussion, went off for a brain MRI that came back with positive findings, uh, headaches, uh, dizziness, loss of memory, um, and uh, she went through, met with a neurologist who diagnosed her with a traumatic brain injury or a TBI and put her on a course of medication. So we submit the demand, uh, to the insurance company. And this situation it was the Hartford and we had a, a, a basically a negotiation with them over the value of the TBI. And what was interesting was the adjuster continued to respond to us.

Well, I understand she has a, uh, a TBI, but we think we think it's, um, it was preexisting or it was somehow a chronic in nature. And what has she done as far as treatment for the, uh, for the TBI. And so our response was how is, how is a traumatic brain injury by by definition it's traumatic. How could that possibly be a chronic injury or something that preexisted when it's lit up on the MRI? And secondly, what are you supposed to do as far as treatment for a TBI? It's not like you can go out and get surgery, you just have to have medication management weight, uh, and hopefully in time the TBI heals. So it was really a ridiculous position by the insurance company, but it alerted us to how exactly these insurance adjusters view TBI claims. And eventually we were able to settle the case for a value that was, uh, something that our client was happy with.

But, uh, again, it made us look back at how are we handling these claims when we submit them to the insurance company or are they just simply throwing up barriers to our claim, making up excuses as far as reasons not to pay more on the case. And at the end of the day, I really think the answer is you just need to stick to your guns. A positive MRI for a traumatic brain injury coupled with the symptoms from a traumatic brain injury are valuable. And if you stick to your guns and you press the insurance companies that this is a valuable and serious injury, they will be forced to pay at the end of the day. So again, I'm, I'm, I'm hopeful that if you're watching this video, you have not experienced a TBI after a car or, uh, maybe you have a loved one that has experienced a similar injury after a car accident. But, uh, if you do are watching this video and you have any questions, uh, about the effects of a TBI, the value of it, and how exactly to present this claim to the insurance company, then please contact us at St Petersburg Personal Injury Attorneys McQuaid and Douglas.

*The above has been transcribed by a third party service and has not been checked for accuracy

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