Following a car collision, many people experience a traumatic brain injury (TBI). Motor vehicle collisions account for 30% of these injuries in Houston. Accidents were the major cause of traumatic brain injury-related hospitalizations and deaths in the United States.
TBIs are difficult to detect since survivors can appear “normal,” and TBIs do not show up on MRIs or CT scans.
Furthermore, because the symptoms are sometimes delayed or wrongly attributed to the patients’ other collision-related injuries, these injuries can be difficult to detect. They won’t show up for days, weeks, or months after the accident. The traumatic brain damage is considered to have been “masked” by the other injury when this happens. This is why it is referred to as the “invisible” injury. This is primarily the reason why car accident victims who are suffering delayed brain injury are not being compensated.
What is a TBI?
A traumatic brain injury (TBI) is caused by a forceful hit or jolt to the head that occurs during an automobile collision. A traumatic brain injury causes bruises, torn tissues, bleeding, and loss of consciousness or amnesia by disrupting the brain’s regular functioning.
After a vehicle accident, what should you do about TBI?
If you’ve experienced a TBI as a result of an automobile accident, take the following steps:
1. Obtain an immediate examination. When it comes to properly diagnose the cause of a brain injury following a car accident, the sooner a person receives the necessary diagnostic testing and medical care for these symptoms, the sooner they can rule out a potentially fatal injury, the sooner they can get back on the road to good health and a full recovery.
2. Early medical evidence, such as that obtained in an emergency room or as soon as feasible with your primary care physician, will demonstrate to a health insurance company or a No-Fault insurance company that your brain injury was caused by a motor vehicle accident. If it turns out to be a more serious injury, you’ll be able to avoid many of the issues that come when an insurance company denies a causal relationship and refuses to pay for medical treatment because you documented the early symptoms. When insurance companies are required to pay for necessary medical care, they will search for the temporal relationship that early treatment and medical documentation generate.
3. If a car accident is caused by another driver’s recklessness or negligence behind the wheel, it shows a clear temporal relationship between the accident and the documentation of treatment for a condition or injury makes it simpler to secure a full and fair legal payment for your TBI. Delays in getting treatment not only jeopardize your chance to recover quickly, but they also make it more difficult for your attorney to persuade a reluctant insurance company to pay for your treatment and obtain a fair legal settlement.
4. Speak with an attorney who has expertise representing persons who have been injured in car accidents. The initial call is always free, so you will at the very least know what your insurance company is accountable for, as well as what medical assistance and salary loss you are entitled to. An attorney can also assist you in reviewing your medical records, as well as the treatment and care you’re receiving, to ensure that bills are paid, and they can use a car accident settlement calculator to help you determine how much your case is worth if your pain and disability were caused by another driver’s negligence or carelessness.
5. Notify your auto insurance company of your TBI. If you live in Houston, make sure to include this in your No-Fault benefits application, also known as your “written notice of injury,” which must be submitted to your No-Fault vehicle insurance provider “within one year of the accident.
6. Do not sign any settlements, releases, or waivers provided to you by your auto insurance company, the at-fault driver’s vehicle insurer, or any other insurance companies or persons until you have spoken with an experienced attorney who is looking out for your best interests.
Can I enter a lawsuit for TBI after a car accident?
Yes. You can file a lawsuit for unpaid, overdue medical bills, attendant care, replacement services, and lost income because your injuries have prevented you from returning to work if your auto insurance company refuses to pay for – or cuts-off – No-Fault benefits related to the TBI after a car accident you have suffered and may be continuing to suffer. But you must first prove that the other driver was at fault for the incident and that your mental trauma qualifies as a “severe impairment of body function” under our vehicle legislation.
How to claim
According to Houston’s No-Fault law’s “priority” standards, you begin your TBI claim following a car accident by making an application for No-Fault benefits with the liable motor insurance company. If you are unable to return to work, the No-Fault insurance will cover your medical expenditures and missed wages.
About Ben Dominguez
The past 27 years Ben has successfully litigated high-profile cases resulting in damages paid to his clients and obtained not guilty verdicts and dismissals on behalf of his clients facing serious criminal charges.
Ben has appeared in front of the Texas House and Senate Committees to speak about pending legislation, was a guest on the Texas House Floor for the Governor’s State of the State Address, written the script for a TV commercial for the winning gubernatorial candidate in a governor’s race. Mr. Dominguez has also appeared in industrial commercials filmed in NASA for presentation to the United States Congress.