A traumatic brain injury (TBI) can leave survivors with physical and cognitive impairments that last a lifetime.
Any TBI is a serious injury, and the cost of medical treatment and rehabilitation for the most severely injured can place an incredible financial strain on families.
Recovering maximum compensation is crucial to account for past and future expenses, but insurance companies often pressure TBI victims to settle early.
Victims pursuing compensation should learn the traumatic brain injury settlement risks to avoid the perils of being underpaid.
Why Early Settlements Can Be Risky
The main reason to avoid an early settlement for a brain injury is uncertainty. Brain injuries can impair every aspect of the body, and the long-term effects of a TBI are difficult to gauge in the weeks and months after the injury. Your TBI might worsen, require more medical care, and leave you with lasting disabilities. But once you settle your brain injury case, you can’t ask for more money later.
Similarly, an early settlement might not reflect the entirety of your lost employment compensation or reductions in your lifetime earning capacity. These types of losses require careful calculation, and an experienced brain injury lawyer might seek insight from vocational and financial experts to place a full and fair value on your TBI claim.
Legal Protections for TBI Victims in Pasadena, CA
The California personal injury statute of limitations typically gives brain injury victims two years to file a claim against the responsible party. Taking legal action before the deadline expires is crucial so you don’t lose your right to compensation.
In some circumstances, the deadline to file a TBI claim is shorter. For example, you must notify a government entity of your intent to sue within six months of the injury. A Pasadena brain injury attorney will ensure you meet all filing deadlines.
Steps to Take Before Accepting a Settlement
You should never accept a settlement for a TBI injury without consulting a lawyer first. In a perfect world, you would have time to contact a traumatic brain injury attorney before the insurance company starts calling. However, insurers work fast, even reaching out while the patient remains in their hospital bed. There is no way to know what a fair amount of compensation will look like in the hours and days after a brain injury, so don’t feel pressured to answer any questions until you exercise your legal rights.
When you work with a lawyer, they can collect the evidence necessary to place an appropriate estimate on your brain injury claim and negotiate directly with the insurance company. Once an insurer knows a claimant has hired an attorney, they tend to realize that low-dollar settlement offers won’t cut it. You stand a better chance of receiving a fairer offer. However, if the insurance company still refuses to settle for a sufficient amount, you may have the option of filing a brain injury lawsuit and taking the case to trial.
Contact Our Experienced Pasadena Brain Injury Lawyer Today
The brain injury claim process can be challenging. A skilled Pasadena TBI lawyer can make all the difference in minimizing stress and fighting for optimal outcomes in your case. Attorney Pius Joseph has 30+ years of experience representing Californians in the most complex brain injury cases, recovering a $6.3 million brain injury settlement for a client injured in an electrocution incident in one recent year. While past results do not guarantee similar outcomes, they do show that experience counts.
Your first step is a free consultation. Call or contact the Law Offices of Pius Joseph today.
