When you suffer a traumatic brain injury because of someone else’s actions, your life instantly changes. You’re left trying to manage medical treatments, missed work and paychecks, difficulties you’ve never had before, and a vast emotional toll.
All of that is more than enough for you to handle, but add an insurance company runaround and legal red tape, and it can consume you.
You should never have to wrestle with corporate insurance tactics while trying to heal. For a successful outcome, fighting the insurance company after a TBI requires a strong legal strategy and fierce, unrelenting legal representation.
Let’s break down why insurance companies push back so hard in traumatic brain injury cases, and the best ways that you can protect your rights and your future.
Call us at (210) 941-1306 for a free consultation or contact us below. No cost to you unless we win.
Key Takeaways
- Insurance companies often push back hardest in brain injury claims because of the high cost of care and unpredictable symptoms.
- Traumatic brain injuries don’t always appear on imaging scans, making them easier for insurers to challenge or downplay.
- Terms like “mild” can be misleading. Many TBIs with this label still result in life-altering symptoms.
- Common insurance tactics include denying the injury, blaming pre-existing conditions, or offering early, low settlements.
- Documenting your medical care, symptoms, and lifestyle changes is essential to a strong claim.
- Legal representation can protect your rights, handle negotiations, and fight for maximum compensation.
- If the insurance company refuses to offer you a fair deal, your lawyer may recommend filing a lawsuit.
- Cowen | Rodriguez | Peacock provides experienced trial representation for TBI victims and won’t back down from insurance company tactics.
Why Insurance Companies Push Back Hard in TBI Claims
Insurance companies are businesses. They measure success in profits, not fairness. TBI cases tend to result in large settlements because of the seriousness of the injury and the long-term costs of care. That makes them a prime target for aggressive defense tactics.
The costs of a TBI often extend far beyond emergency room visits. You may need months or years of neurological care, therapy, and medication. Some survivors never return to their previous jobs or regain full independence. These lifelong needs carry significant financial weight, and insurance companies know it.
If they can question the extent of your injuries or blame something else for your symptoms, they may reduce what they owe you. And unfortunately, TBI symptoms can be easy to downplay because they don’t always show up on imaging scans.
TBIs Don’t Always Show Up on Scans—And Insurance Companies Use That Against You
Traumatic brain injuries often go undetected by MRIs and CT scans. Unlike broken bones, which clearly show on an X-ray, a TBI may involve damaged brain cells, changes in behavior, or cognitive difficulties that are harder to document.
In these cases, doctors often rely on medical records, observed behaviors, and reported symptoms to confirm the diagnosis. This opens the door for insurance adjusters to argue that your injury is exaggerated or unrelated to the accident. It’s one of the most common and frustrating tactics insurance companies use.
Complicating the issue further, the terms doctors use to describe TBIs, such as “mild,” can be misleading. These labels refer only to the immediate symptoms at the time of diagnosis, not the long-term consequences. Someone with a so-called “mild” brain injury can still suffer chronic pain, memory loss, or permanent emotional and behavioral changes.
How Insurance Companies Try to Devalue Your Claim
Insurance providers are trained to minimize payouts wherever possible. When dealing with a brain injury claim, they may take any of the following approaches:
- Disputing the diagnosis because your scan appears normal
- Claiming your symptoms are psychological, not neurological
- Suggesting the injury existed before the accident
- Pointing to social media or unrelated behavior to question your credibility
- Offering quick, low settlements before you know the full extent of your medical needs
- Pressuring you to sign medical authorizations that give them access to irrelevant records
Many brain injuries unfold over time. You might not fully grasp how your daily life or career will be affected in the first weeks or months. Insurance adjusters count on that window, offering a check when you're most vulnerable.
Without legal help, it’s easy to accept a settlement that barely covers your initial medical expenses, let alone your ongoing treatment, lost wages, or future medical needs.
The Role of Medical Evidence in TBI Claims
Because TBIs don’t always show up on imaging, your lawyer will rely heavily on your full medical records, physician evaluations, medical appointments, and the documentation of your symptoms over time. This evidence builds a picture of how your injury has affected your ability to work, think, interact, and live independently.
Witness statements from coworkers, friends, and family members often play an important role, too. These individuals can describe the emotional and cognitive changes they’ve observed—changes that medical records alone may not capture.
In many cases, your legal team may also work with medical professionals who can offer expert analysis on your condition and prognosis. This helps create a clearer narrative that resists the insurance company’s attempt to reduce your claim’s value.
What a Personal Injury Lawyer Can Do for You
You shouldn’t have to fight a multi-billion-dollar insurance company alone. A personal injury lawyer with experience in brain injury claims can take over the entire claims process so you can focus on your recovery.
Your lawyer will:
- Handle all communication with the insurance adjuster
- Review and organize all medical documentation
- Work with neurologists and care providers to assess your needs
- Push back against attempts to downplay or dismiss your injury
- Help calculate all losses—past, current, and future
- Build a strong argument for full compensation
If the insurance company refuses a fair settlement, your lawyer may file a personal injury lawsuit to protect your rights. Sometimes the simple act of hiring a lawyer changes the insurance company’s tone. They know you’re serious and that they can’t push you around.
Long-Term Impact of a TBI: What the Insurance Company Doesn’t Want to Pay For
Traumatic brain injuries can be unpredictable. Some people experience immediate symptoms that resolve in a few weeks. Others deal with long-lasting complications that may never fully go away. This unpredictability makes TBIs expensive, and insurers work hard to avoid paying for what hasn’t happened yet.
But that’s the very nature of brain injuries: they evolve. Many survivors deal with ongoing medical needs like cognitive therapy, speech therapy, and pain management. In more severe cases, a person may need permanent in-home care or daily assistance.
There are also the invisible symptoms:
- Difficulty concentrating
- Mood swings
- Sensitivity to noise or light
- Difficulty sleeping
- Depression or anxiety
- Poor impulse control or aggression
Even though these effects don’t always appear in a scan, they can severely affect your daily life. Some people lose their independence entirely. These realities don’t disappear when the insurance company cuts off payment. A strong TBI claim must account for these costs, especially when the insurance provider tries to limit its liability to only visible injuries.
When Litigation Becomes Necessary
Most personal injury claims settle out of court. But in some TBI cases, filing a personal injury lawsuit is the only way to force the insurance company to take your injury seriously and compensate you fairly. If your claim is denied, delayed, or undervalued and the adjuster refuses to negotiate in good faith, your lawyer may recommend going to court.
Litigation may seem intimidating, but it often leads to stronger outcomes. A skilled TBI attorney will present evidence from doctors, therapists, and others to prove the full scope of your losses. This includes both economic damages (like medical costs, lost income, and future care) and non-economic losses (like emotional distress, pain, and loss of enjoyment of life).
A lawsuit can also uncover hidden facts. Through discovery, your legal team may reveal documents or records showing that the insurance company acted in bad faith or ignored key evidence. This information can dramatically increase your chances of securing fair compensation.
Frequently Asked Questions About Compensation for a TBI
What if my MRI or CT scan doesn’t show a brain injury?
This is common with many TBIs. Diagnosis often depends on reported symptoms and behavior changes over time. Medical professionals rely on these patterns to evaluate the injury, and your legal team can support the claim with additional documentation and expert analysis.
How long does it take to resolve a TBI insurance claim?
It depends on the severity of the injury and the insurance company’s willingness to negotiate. Some cases resolve in a few months. Others, especially those involving litigation, can take a year or longer. A lawyer will manage this timeline for you.
What if I already accepted a settlement offer?
If you signed paperwork accepting an offer, it’s difficult to reopen the case. However, if you have not formally accepted or signed a release, a lawyer may still be able to help you secure more appropriate compensation.
Can I file a TBI claim if symptoms appeared weeks after the accident?
Yes. Some TBIs have delayed symptoms. Insurance companies may use this delay to question the cause of the injury, but medical documentation and legal advocacy can strengthen your case.
Do I need a lawyer if I’m still being treated and don’t know my long-term outcome?
Yes. This is when legal help is most valuable. Accepting a settlement too early could leave you without coverage for future medical care. A lawyer will ensure your claim accounts for both current and future treatment needs.
Talk to Cowen | Rodriguez | Peacock About Your Brain Injury Case
You’ve got enough to deal with after a brain injury. Don’t let an insurance company delay, deny, or underpay your claim while you’re trying to get your life back. At Cowen | Rodriguez | Peacock, we understand the toll a TBI takes—physically, emotionally, and financially.
Our trial attorneys bring decades of experience handling complex, high-value cases involving traumatic brain injuries, commercial vehicle crashes, and other catastrophic injuries. We know how to take on corporate insurance carriers—and win.
Whether you’re up against an aggressive insurance adjuster or already deep in the claims process, we’ll protect your interests and fight for your full and fair compensation. We handle cases on a contingency fee basis, which means you don’t pay us unless we recover compensation for you.We serve clients in San Antonio and across the state of Texas. Contact Cowen | Rodriguez | Peacock today to schedule a free, confidential consultation. Call (210) 941-1306 or reach us online through our contact page.
Call us at (210) 941-1306 for a free consultation or contact us below. No cost to you unless we win.