Traumatic brain injury is one of the most serious injuries, and requires immediate care, long-term treatment, therapy, and rehabilitation, which can be very costly. The quality of initial and long-term care will largely depend on the availability of funds, and a skilled and experienced lawyer will be able to find you the required finances and quality medical care. When the victim has suffered a traumatic brain injury, most insurance companies will limit the coverage or even deny the required amount for long-term care.
Fighting the Good Fight
The limitation imposed on coverage is often open to various interpretations, and insurance companies try to take maximum advantage of such terms. However, a prudent lawyer can help a victim of brain injury find the required financial resources that would be necessary for treatment. The lawyer will be able to negotiate a fair settlement and will use certain procedures to contest the denials.
This is when you need to listen to your attorney. This is not the time for you to be making phone calls to the opposing insurance company and helping with them. Despite what they say, they are not on your side. And when they tell you that they are looking out for your interests they are not. Certainly they may say they have some money for you right now because they do but that is most likely not enough and also not as much as you can acquire if you allow your lawyer to do his or her job. They know the process; they do this for a living. They are your high-value partner who knows how the other side works.
Looking at Your Insurance Company
There are many venues open for recovering initial costs. Apart from filing a liability claim against the person at fault, your lawyer can find out if you meet the financial qualifications for Medicaid. If the injury can be established as being work related, then the costs can be paid through workers compensation insurance. If the person at fault is not insured, or has inadequate insurance and if you have subscribed to underinsured or uninsured provisions in your own auto insurance policy then you can recover the costs from your insurance company.
However, in case of traumatic brain injury, long-term medical costs, rehabilitation, and cost of home care services can be quite substantial. In the liability claim, your lawyer will first try to prove negligence of the other party in the accident, and establish that your brain injury was the direct result of the accident. Your lawyer will also utilize the help of professional “Life care planners” in estimating the future costs, which will be included in the claim.