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Mistakes That Could Affect Your Brain Injury Compensation Claim

Mistakes That Could Affect Your Brain Injury Claim

Brain injuries are extremely serious and should never be taken lightly. Even an injury such as a minor concussion can have lasting effects on a victim’s life and create complications further down the road. From hospital bills to physical therapy, TBIs often alter the course of victims’ lives forever, so it’s extremely important to speak with an experienced brain injury attorney as soon as possible to ensure you receive the compensation you need to help you through this time. 

You have the right to pursue legal action against someone whose negligence caused your TBI, but the legal process can be overwhelming, especially if you are focusing on recovering. In this blog, we outline some of the most important things not to do when pursuing a brain injury claim, as well as some of the essential things you must do to protect your brain injury compensation claim.

What To Avoid in Your Brain Injury Compensation Claim

If you have even the slightest inclination that you have sustained a brain injury, you should refrain from doing any of the following:

  • Delay a doctor’s visit
    • There are many reasons why you should seek medical attention directly after sustaining an injury, but this is especially important for TBIs. You must establish that your brain injury was directly caused by someone’s negligence and that it was not caused by something else. Having documented medical proof from your doctor of the injury will aid you in supporting your claim.
  • Disobey your doctor’s orders
    • Not only should you follow your doctor’s instructions to ensure you recover from your injury properly, but failing to do so may harm your claim if it inhibits your recovery.
  • Speak with the insurance company
    • The only reason you should speak with the insurance company after sustaining a TBI is to direct the insurance adjuster to your brain injury attorney. Insurance companies are notorious for using anything they can find to reduce your settlement, so speaking to them will only allow them the opportunity to take what you say out of context and use it against you in court.
  • Post on social media
    • For similar reasons as the above bullet point, posting to social media will only give the insurance company an opportunity to use it against you in court in an attempt to reduce your settlement. Do your best to stay off of social media during this time.
  • Delay in contacting a TBI attorney
    • Kentucky has a short statute of limitations, and if you wait until after this window has expired, it is unlikely that any attorney will be able to help you pursue your case.

What To Do

Though failing to avoid the mistakes listed above may not necessarily inhibit your recovery from your TBI, it certainly may harm your ability to receive fair compensation. The following are some critical steps you must take to increase your brain injury compensation claim:

  • Seek immediate medical treatment from a qualified physician
    • Delay in seeking treatment, failure to follow the treatment plan, and failure to complete the treatment plan are some of the most common reasons insurance companies will use to reduce your payout. See a qualified medical professional as soon as you can after a TBI to ensure proper recovery from the injury as well as documentation of your injury.
  • Hire an experienced brain injury attorney as soon as possible
    • If you delay in speaking with an attorney, you could unknowingly allow the statute of limitations to expire, at which point you will be unable to pursue a claim against the negligent party who caused your TBI.

Contact a Kentucky Personal Injury Lawyer Today

At McCoy & Sparks, we have extensive experience with personal injury cases. Our experienced legal team understands Kentucky law and traumatic brain injury compensation claims, and has a track record of success maximizing the recovery of damages for our clients. Our job is to fight for you. We’re here to help you get the compensation you deserve. 

Contact McCoy & Sparks, PLLC, your Central Kentucky personal injury lawyers at 1-844-4KY-WINS or fill out our online form to set up a free consultation. Our offices are located at 212 W. Stephen Foster Ave. in Bardstown, Kentucky.