TBI compensation claims can be complex. Don’t face the financial burden of a traumatic brain injury (TBI) alone. This article explains how to recover compensation for traumatic brain injuries through various insurance policies and legal options. Understanding your rights is crucial when dealing with a traumatic brain injury.

Recovering Compensation After a Traumatic Brain Injury (TBI) 1

Traumatic brain injuries (TBIs) can lead to significant medical expenses, leaving victims and their families with a heavy financial burden. If you or a loved one has suffered a traumatic brain injury due to someone else’s negligence, it’s crucial to understand your options for recovering compensation for your traumatic brain injury and associated losses. This article explores various avenues for seeking financial relief, including different types of insurance coverage and the importance of legal representation.

Traumatic brain injuries are among the most serious types of injury a person can sustain and often require significant medical treatment. According to the Centers for Disease Control and Prevention (CDC), approximately 1.7 million people sustain traumatic brain injuries (TBIs) in the United States each year, and many of these victims face substantial medical expenses related to their traumatic brain injury.

It is important to recognize the signs and symptoms of traumatic brain injury early, as timely intervention can drastically improve recovery outcomes. The effects of a traumatic brain injury can vary significantly, affecting cognitive function, emotional well-being, and physical health.

In severe cases, these costs could total well into the hundreds of thousands of dollars. Some of the more common expenses associated with TBIs include the following:

  • Initial treatment and hospitalization
  • Diagnostic tests
  • Rehabilitation
  • Ongoing observation and treatment
  • Long-term care

Your expenses may be Covered

If your TBI was your fault and you carry health insurance, your policy will likely cover your medical expenses up to your policy limits.

Under California law, if you can show that your TBI was caused by the negligence of another person, you may be able to get these and other losses covered by filing a personal injury claim.

Generally speaking, however, for these losses to actually be collectible, you will likely need to pursue a claim through the at-fault party’s insurance. Some of the more common types of insurance from which TBI expenses can be recovered are detailed below.

Homeowner’s Insurance

Many individuals suffering from a traumatic brain injury may also experience secondary complications, necessitating additional treatment and rehabilitation costs.

Understanding the nuances of your policy can help ensure your traumatic brain injury expenses are adequately covered.

In cases where your traumatic brain injury was caused by another party’s negligence, pursuing a claim can provide the financial relief necessary for treatment and recovery.

Documenting your traumatic brain injury and its impact on your daily life can strengthen your case and improve your chances of receiving fair compensation.

If the accident that caused your TBI occurs on someone else’s residential property, there is a good chance that you will be able to recover compensation from the property owner’s homeowner’s insurance policy.

Car Insurance

The CDC reports that motor vehicle and traffic accidents account for 14.3 percent of all TBIs. Because all 50 states require motorists to cover liability insurance which will pay victim’s injuries, if you sustained your TBI in a motor vehicle accident caused by another driver, you will likely be able to recover compensation for your losses.

If the at-fault motorist does not carry insurance, you may be able to turn to your insurance if you have uninsured or underinsured motorist coverage. If you do not, you may still file a lawsuit against the other driver, but it may be difficult to collect, as many drivers who do not carry insurance do not have collectible assets, so you may be facing an uphill battle.

Commercial General Liability Insurance

If your TBI occurred on commercial property, like a shopping mall or grocery store, for example, you will likely be able to recover compensation from the business’s commercial general liability insurance. Many types of accidents could potentially lead to a TBI on commercial property, some of which are similar to those that may occur on residential property.

There are often other premises liability concerns at a commercial property, however, that tend not to exist on residential property. If, for example, you sustained a TBI in a car accident that was caused by the fact that a store parking lot did not have a stop sign at the end of an aisle, you may be able to recover from the business’s insurance rather than the insurance of the other driver.

Navigating the complexities of TBI compensation claims can be overwhelming, especially while dealing with the effects of the injury itself. Don’t hesitate to seek professional help.

An experienced personal injury attorney can guide you through the process, identify potential sources of compensation, and fight for your rights to ensure you receive the financial support you need and deserve. Contact GJEL Accident Attorneys today for a free consultation to discuss your options and take the first step toward securing your financial future.

Talk to an Attorney to Determine Your Options

Consulting with a legal professional experienced in traumatic brain injury cases can help clarify your options and maximize your compensation.

Each traumatic brain injury case is unique, and understanding the specifics can help guide the recovery process.

Taking action quickly is vital after suffering a traumatic brain injury to ensure you meet all legal deadlines and requirements.

For more detailed information on traumatic brain injury recovery and support, refer to our additional resources.

Recovering compensation after a TBI can be a complicated issue. Because TBI victims often incur significant losses that can have a direct impact on their quality of life, it is critical to do everything you can to protect your rights after sustaining a traumatic brain injury.

As a result, if you have sustained TBI, you should speak to an attorney right away.

Want to learn more? Check out our resources below:

Frequently asked questions

Further Reading