Fighting the Insurance Company After a TBI

Fighting the Insurance Company After a TBI
Fighting the Insurance Company After a TBI

Insurance companies are typically involved in TBI (traumatic brain injury) claims to assess liability and determine the extent of coverage available. They may investigate the circumstances of the injury, evaluate medical records, and negotiate with claimants or their legal representatives to reach a settlement.

Individuals with TBI claims need to work closely with legal professionals who can communicate with insurance companies and ensure fair compensation for medical expenses, lost income, and other damages related to the injury.

Nicolet Law Accident & Injury lawyers have experience in handling TBI claims in the Midwest, with offices in Minnesota, Wisconsin, and North Dakota. We are familiar with the laws around these claims, and how they differ from state to state. 

Time and time again, we've witnessed insurance companies exploiting those who have already endured so much. These insurers prioritize their own interests, often hesitating to provide you with the rightful compensation you deserve.

In some cases, they attempt to leave you with nothing or issue outright denials. When you entrust us with your case, we champion your cause with unparalleled vigor.

We launch into action, taking the lead in communicating with these insurance giants, sparing you the hassle while we construct your case. Throughout the entire process, we tirelessly advocate for our clients, ensuring they recover what was unjustly taken from them, and empowering them to build a brighter future. 

What is PIP and How Does It Affect My TBI Claim in Minnesota?

Nicolet Law has offices in Minnesota, Wisconsin, and North Dakota. Minnesota operates as a no-fault insurance state, so after an accident, motor vehicle drivers must initiate insurance claims with their own insurance provider initially, regardless of fault.

After a traumatic brain injury resulting from an accident, your personal injury protection (PIP) coverage typically offers compensation regardless of accident fault (provided the accident involves a motor vehicle).

Only after exhausting your PIP coverage can you file a claim for additional damages by filing a personal injury claim. Talk with an experienced Minneapolis TBI lawyer to navigate this process for you. 

How Are Insurance Companies Involved in TBI Claims?

Insurance companies are typically involved in traumatic brain injury (TBI) claims, most commonly:

  • Auto insurance: In cases where a TBI results from a car accident, the at-fault driver's auto insurance may be responsible for covering medical expenses and damages.
  • Health insurance: Health insurance policies often cover medical treatments for TBIs. The injured party's health insurance can help pay for hospital bills, rehabilitation, and ongoing medical care.
  • Homeowners or renters insurance: If a TBI happens on someone's property due to negligence, the property owner's insurance may come into play to cover liability claims.
  • Liability insurance: In cases where someone's negligence caused the TBI, their liability insurance, such as homeowner's or general liability insurance, may be responsible for covering damages. 

Often, an insurance company representative will try to quickly settle a TBI claim with the injured party. It’s in their best interest, not yours.

Quick settlements provide certainty for the insurance company regarding the outcome of the claim. They can close the file and allocate resources to other matters. Individuals must approach quick settlement offers with caution. Insurance companies may offer settlements that are lower than what the claimant deserves.

Insurance companies also know that if they can get an injured party to settle quickly, they can minimize the risk of a larger award if the case goes to court. Juries or judges may award higher amounts in damages than what an insurance company might be willing to offer in a settlement when an experienced personal injury lawyer knows how to fight for your rights.

Don’t try to negotiate with the insurance company on your own. Let our legal team put our resources to work on your TBI claim. We have experience in assessing the fairness of the offer and determining if it adequately covers medical expenses, lost income, and other damages related to the injury. In some cases, you may need to pursue a fairer settlement or take the case to court to ensure just compensation. 


What is a TBI?

According to the U.S. Centers for Disease Control and Prevention, a traumatic brain injury, or TBI, is an injury that affects how the brain works. A sudden jolt, blow, or impact to the head can disrupt normal brain function and cause a TBI.

CDC statistics estimate about 190 Americans die from TBI-related injuries every day. More than 214,000 TBI-related hospitalizations take place every year. The Midwest has the second-highest age-adjusted rates of TBI-related deaths per 100,000 population in the U.S. with an average of about 18 per year. The South has the most, and the West and Northeast are third and fourth, respectively.

TBIs may result in various symptoms. Concussions often lead to temporary symptoms like headaches, dizziness, and confusion. Severe TBIs can have long-lasting effects, including cognitive, emotional, and physical impairments. If you suspect you or someone you know has a TBI, seek immediate medical attention for proper diagnosis and treatment. 

Common Causes of TBI

  • Falls: Falls are a leading cause of TBIs, especially among young children and older adults. Falls from heights or slipping and falling on uneven surfaces can result in head injuries.
  • Motor vehicle accidents: Car, motorcycle, bicycle, and pedestrian accidents often lead to head trauma, especially if the head strikes a hard surface like the dashboard, pavement, or another vehicle.
  • Sports injuries: Contact sports like football, soccer, and hockey can cause TBIs due to collisions, tackles, or falls. Even non-contact sports like cheerleading and gymnastics carry some risk. The CDC reports that about 15 percent of all U.S. high school students self-reported one or more sports or recreation-related concussions within the preceding 12 months.
  • Assaults: Physical assaults, including punches or blows to the head, can result in TBIs. Domestic violence and bar fights are examples.
  • Workplace injuries: Certain industries, such as construction and manufacturing, carry a higher risk of head injuries due to falls, falling objects, or equipment accidents.
  • Explosions and blasts: Military personnel and workers in industries where explosives are used may suffer TBIs from the force of explosions. TBI is known as the signature injury of the wars in Iraq and Afghanistan.
  • Shaken baby syndrome: Infants and young children are at risk of TBIs when violently shaken, causing the brain to impact the skull.
  • Penetrating injuries: Objects like bullets or shattered glass can penetrate the skull and directly damage brain tissue. 

Who Can You Hold Liable for a TBI Claim?

Establishing liability in a TBI claim often requires a thorough investigation and legal expertise. You can hold various parties liable for a traumatic brain injury (TBI) claim, depending on the injury.

You can hold individuals who directly caused the TBI through negligent or intentional actions, such as in cases of assault or reckless driving, liable for the injury. 

You can hold employers liable for TBIs if the injury occurs in the workplace due to unsafe conditions, inadequate training, or failure to provide necessary safety equipment. 

You can hold property owners or managers liable if the TBI results from hazardous conditions on their premises, such as slippery floors, inadequate lighting, or lack of warning signs. 

If the TBI results from negligence on the part of a government agency or employee (e.g., a city bus driver), you may file a claim against the government entity.

In contact sports, you can hold coaches, organizations, or other responsible parties liable if they fail to take reasonable precautions to prevent head injuries. 

Depending on the specific circumstances, you can hold other parties, such as event organizers, property managers, or third parties responsible for maintenance, liable. 

How Can a Lawyer Help Me in My TBI Claim Against An Insurance Company?

A lawyer can level the playing field when dealing with insurance companies, protecting your rights and recovering the compensation you deserve. They can provide guidance and support throughout the claims process, allowing you to focus on your recovery.

Lawyers are knowledgeable about the laws and regulations governing insurance claims. They can help you understand your rights, responsibilities, and the potential outcomes of your claim.

An experienced TBI lawyer can assess the strength of your claim and advise you on the likelihood of success. They can identify potential issues and help you determine the best course of action. 

Lawyers can help you collect and preserve evidence to support your claim, including medical records, accident reports, witness statements, and other relevant documentation. A skilled legal team can make quick work of gathering the many records needed to build your case. 

Insurance companies often try to settle claims for the least amount possible. Lawyers are skilled negotiators who can advocate for your best interests and help you secure a fair settlement.

Your lawyer can communicate with the insurance company on your behalf, reducing the stress and burden on you. They can provide all necessary information, meet deadlines to avoid potential claim denials, and protect your rights. 

If negotiations with the insurance company break down, lawyers can assist in alternative dispute resolution methods, such as mediation or arbitration, to resolve the claim.

If necessary, lawyers can file a lawsuit and represent you in court. They can build a strong case, present evidence, and argue on your behalf to seek a favorable judgment.

Lawyers work to secure the maximum compensation available to you, including coverage for medical bills, lost income, pain and suffering, and other damages related to your claim.

In cases involving complex legal issues or multiple parties, lawyers can provide the necessary expertise to navigate the complexities of the claim. 

Why Choose Nicolet Law Accident & Injury Lawyers for Your TBI Claim?

The legal team at Nicolet Law Accident & Injury Lawyers has decades of combined experience representing clients in the Midwest. We know the area and the community and take your TBI claim seriously.

If you suffer a serious head injury resulting in a TBI, reach out our personal injury attorney. We can take it from there.

A serious injury can bring everyday life to a standstill, while medical bills and expenses don't take a break. Let us help you regain your peace of mind by working to hold those responsible for your injuries accountable.

Russell Nicolet, TBI Attorney
Russell Nicolet, TBI Lawyer

Our legal team knows how to work with insurance companies to make sure you don’t get the runaround. It is our mission to represent you to get the best settlement to compensate you for your injuries.

Contact us today for your free case evaluation. We have more than 20 offices throughout Wisconsin, Minnesota, and North Dakota, making it easy for you to meet with one of our lawyers near you. We're ready to help you!