Why Do Insurance Companies Fight TBI Claims So Hard?
If you or someone you love has suffered a traumatic brain injury (TBI) in Florida because of the negligence of another party, you have probably already learned that the at-fault party’s insurance company is not on your side. You are not alone. When TBI victims and their families pursue compensation, many quickly realize that insurance companies fight these claims aggressively. Rarely is the compensation process a simple one. At Gunn Law Group, we have witnessed this many times. As personal injury attorneys with experience handling TBI cases, we understand very well why insurance companies fight these claims so hard. Understanding why insurance companies fight TBI cases so aggressively and the tactics they use can help you prepare for the battle ahead.
Why Do Insurance Companies Fight TBI Claims?
The main reason insurance companies fight TBI claims so hard is that these types of injuries can result in large jury verdicts. Traumatic brain injuries are among the most serious injuries a person can suffer. A TBI can result in substantial damages, including;
- Past and future medical expenses
- Lost wages
- Lost earning capacity
- In-home care
Insurance companies are businesses. Like any other business, their goal is to make profits. Profits are maximized when premiums are raised, and amounts paid out on claims are lowered. This is why insurance companies resist making large payouts whenever possible. It is for this reason that these companies fight TBI claims so aggressively. Insurance companies will invest in experienced adjusters and attorneys to vigorously fight against high-value TBI claims. That is why it is so important that you select an attorney experienced in handling TBI claims, like the attorneys at Gunn Law Group.
Traumatic Brain Injuries Are Invisible
Unlike other injuries, such as broken bones, lost limbs, or even lost life, TBIs are not easily visible. Scans or physical exams may not show a traumatic brain injury. A TBI victim may appear “fine” even when they are struggling with persistent headaches, mood changes, dizziness, confusion, memory loss, and other TBI symptoms. Unfortunately, insurance companies use the “invisible” nature of TBIs to fight against these claims.
The at-fault party’s insurance company may argue that you are exaggerating your injuries. They may claim that your injuries are not related to the accident. The insurance company may even claim that you are just stressed or that your symptoms are due to a pre-existing condition.
Tactics Insurance Companies Use to Fight TBI Claims
Apart from using the “invisible” nature of TBIs to fight against claims, insurance companies employ several other tactics, including the following;
- Requesting excessive medical records
- Asking for an independent or compulsory medical examination (IME/CME)
- Delaying the process by, for example, stalling the investigation process or delaying communication
If, for example, the at-fault party’s insurance company requests an IME/CME, the doctor, who is usually chosen and paid for by the insurance company, may be biased. The doctor may create a report that downplays your injuries or questions their connection to the accident.
You can’t expect to win this battle alone. The insurance company has a team of adjusters and lawyers working to protect its interests. It’s only right that you have someone who can advocate for you.
Contact a Tampa Catastrophic Injury Lawyer
At Gunn Law Group, P.A., our Tampa catastrophic injury lawyers can help you fight for your deserved compensation. Contact us today to schedule a consultation.
