Will I have to go to court for a traumatic brain injury case? In some cases, you may have to go to court for a traumatic brain injury case, so be sure to seek the assistance of a Las Vegas traumatic brain injury lawyer.
A traumatic brain injury can create serious complications to health, and securing full and fair compensation is critical to protecting your long-term well-being.
Negotiations Fail with the Insurance Company
Insurance companies will negotiate the value of your claim with you and your attorney to reduce how much they pay out. If you cannot reach a fair negotiation with the insurer, it is likely that you will have to go to court for a traumatic brain injury case so that a judge and jury can make those decisions. To avoid this, your traumatic brain injury attorney will:
- Build a strong claim that documents the extent of your injuries
- Use medical experts to back up claims about severity and limited function
- Provide evidence of deficiencies in your life stemming from the incident and damage
By building a strong claim, one that outlines the extent of your losses, it may be possible to avoid having to go to court for your traumatic brain injury case. Your Las Vegas personal injury lawyer will work closely with you to outline these details as clearly as possible and bring in the resources available to demonstrate your losses. The better your lawyer can demonstrate these losses, the less likely it is for the insurance company to think they can refute the claims.
The Insurance Company Does Not Believe They are at Fault
Another incident in which the insurance company may deny your claims and force you to go to court occurs when they do not believe that the losses you suffered are their responsibility to pay. This is common in situations where there is a dispute over the fault involved in the case, such as your role in causing the accident. In situations where the insurance company does not believe that its policyholder is at fault, it may deny the claim.
To avoid this type of outcome, it becomes necessary for your traumatic brain injury lawyer to build a strong claim that outlines specifically who is at fault and demonstrates why. This may include using police reports, accident reconstruction, and other data to document the fault in the case. The more accurately this can be done, the harder it is for the insurance company to deny fault.
Keep in mind that you may have to go to court for a traumatic brain injury case if you are found to be partially to blame for the accident, depending on how comparative negligence plays a role in your case. If there is any indication that you are more than 50% to blame, the insurance company may want a judge to determine if they must pay anything towards your losses. It can be hard to pinpoint the value difference in such situations.
The Insurance Company Believes You Had Pre-Existing Conditions
Another incident in which the insurance company may refuse your claim, forcing you to go to court, occurs when you have pre-existing conditions that relate to the injuries you are claiming. In these situations, the insurance company may claim that your injuries and losses are the direct result of your previous condition and that they are not required to cover those losses as a result. With traumatic brain injuries, this may include situations such as:
- A previous head injury from an unrelated accident
- Previous medical appointments for cognitive function decline or illnesses related to brain health
- Evidence of long-term trauma to the head, such as suffering numerous concussions in the past
In these situations, your traumatic brain injury lawyer will work with you to demonstrate the difference in your losses before the accident as well as what you are facing now. To avoid going to court, you will need to have evidence that supports your claims of previous injuries, healing, and recovery from those incidents and that shows that the current injury caused your current losses and limitations.
There is a Question About Having a Traumatic Brain Injury
Traumatic brain injuries are “hidden” injuries, meaning they can cause damage to your brain tissues without creating visually obvious damage to the head. In these situations, insurance companies may try to refute that you have an injury or that the injury is as significant as it is, making it more likely that you will need to go to court to prove this. Note that some of the actions you take could be used against you to prove this, such as:
- What you post on social media indicates your current skills and limitations
- Claims you make about inabilities that are not substantiated by medical claims
- Lack of evidence to support your inability to engage in specific activities, such as work, go to school, or participate in hobbies
- Statements you make to the insurance company that make it seem as if you do not have the losses you claim
- Costs that are not documented clearly or fairly in your claim, but you expect the insurance company to pay
You are likely to have to go to court if you cannot substantiate these and other claims you make when filing such an incident. In every situation, it is critical to have a legal team that can demonstrate beyond any reasonable doubt that you suffered this injury, that it was due to the actions or inactions of another person, and that it is impacting your future in specific ways. A qualified Las Vegas catastrophic injury lawyer will help you build a case like this, leading to a reduction in the risk of going to court.
Going to Court for a Traumatic Brain Injury Case May Be Beneficial to You
There are some situations in which going to court for a traumatic brain injury case could benefit you, in that it creates a clear route to maximizing your compensation. If you are unsure if you should do so, seek the help of an experienced traumatic brain injury lawyer from H&P Law, who can help you navigate your rights in seeking fair compensation.
