The Most Overlooked Injury in Auto and Trucking Crashes

Having practiced in the area of personal injury law in Indiana for over 35 years, I have seen one injury that is typically missed by a lot of attorneys. The symptoms can be subtle, but persistent and can have profound effects for the injured down the road. You must have patience and persistent to fully ascertain this injury and get treated with the right doctors and medical professionals that understand this injury and its effects. What is this injury? It is a TBI or a traumatic brain injury.

What is the medical definition of a TBI? TBI is defined as an alteration in brain function, or other evidence of brain pathology, caused by external force. Alteration in brain function is defined as one of the following clinical signs: 1) any period of loss of consciousness or a decreased loss of consciousness; 2) Any loss of memory for events immediately before or after an injury; 3) neurological deficits such as weakness, loss of balance, change in vision, sensory loss, dizziness, headaches: 4) Any alteration in mental state at the time of injury (confusion, disorientation, slowed thinking). There can be subtle changes in attention, memory, cognitive functioning, speech and language and personality. These wide ranging physical and psychological effects may appear immediately after a crash or appear days or weeks later. One can have normal testing from a CAT Scan and still have a TBI. A TBI can be caused by blow to the head or even a jolt to the head. The brain hitting the sides of the skull in an hyper-extension and hyper-flexion movement can cause a TBI. A concussion can be a sign of a TBI also. Post-concussive symptoms must be monitored for months to see if they subside or continue. A personal injury lawyer cannot be in a rush to settle these TBI cases.

Often a person with a TBI experiences changes in their thinking skills. There can be problems with memory, reasoning, judgment, concentration that were not there before. A person with a TBI can have communication problems including difficulty understanding speech or writing, inability to organize thoughts and ideas, difficulty in speaking or writing and trouble engaging in conversation.  There can be behavior and emotional changes including personality changes, difficulty in self-control, mood swings, anger, depression and irritability. There can be sensory changes including persistent ringing in the ears, trouble with balance or dizziness, double vision and impaired eye-hand coordination.

Countless people suffer these injuries from automobile and trucking crashes and may not even know it. An experienced personal injury must look for these symptoms and get his client the right medical treatment. Often these injuries can be permanent and cause life-changing alterations for the injured. If these are injuries are missed, this will significantly decrease the value of your personal injury claim. Insurance companies continue to downplay these injuries and question their validity. They do not want to pay the true value of these claims. If an attorney misses these injuries and is not trained to look for them, he or she is doing a serious disservice to their clients.

If you have been injured in an auto or truck crash and think you may have a TBI, it is important you see an experienced personal injury lawyer that is thoroughly familiar with these type of injuries and can fight for fair compensation. At Rowe Law Offices, we know the devastating effects a TBI can have on you and your family. Please call Rowe Law Offices if you have been in an accident and think you may have a TBI so that we help you get a fair and reasonable compensation for your injuries.

How Long Does It Take to Resolve a Personal Injury Case?

An accident whether it be a trucking, auto or fall case is not a pleasant thing to experience. It comes unexpectedly often with devastating consequences. Medical bills can pile up, income can be lost, and you can be put in a desperate financial situation. The insurance looks at your case through different lens. They want to settle your case as quick as possible so they can move onto the next case. They often pressure you to settle now with promises that they will pay your medical bills and throw a few hundred dollars at you to sweeten the pot. Their promises are usually hollow and have many strings attached to them and not in your best interests if you are genuinely hurt. The payment of medical bills often is conditioned on a period of time or a certain amount that the insurance company thinks is reasonable, and often you are left holding medical bills that still need to be paid. Insurance companies do not care. You are a statistic to them or an avenue for a bonus for an adjuster if the claim is closed quickly. Don’t fall for this trap.

It is usually never in your best interest to try to push for a quick settlement in your personal injury claim because this leads to taking far less for your injuries than you are entitled to. It is often difficult to hold out and be patient in your personal injury claim, but it is the best strategy to get fair compensation. It can be a burden financially and mentally to endure through the claims process, but you must if you want justice for your injuries. A good personal injury attorney will not delay in his representation of you, but understands certain things must happen before the claim can be submitted with a settlement demand.

  • You must finishing treating with all your medical providers. If you try to short-circuit the process by not showing up for appointments or discharging yourself from treatment, it will dramatically effect the value of your claim. You are not a doctor and you must trust your doctor’s advice. Do what your doctor, physical therapist or chiropractor tells you to do. Do not slack off if you want to get better. If you do not treat or discharge yourself, the insurance company will think you are not injured or your injuries are not severe. Treatment varies by the severity of the injury. Insurance companies try to pigeon hole treatment into a set amount of time or a set amount of bills. This is not true as it varies for each person. A sprain/strain injury could take 5 weeks for some of treatment or 6 months of treatment.
  • Make sure you receive treatment for all of your physical and mental complaints. This also entails getting to the right specialist for your injuries. A good personal injury attorney will be able to help you to make sure you get to the right specialist and medical providers for your injuries. All physical complaints need to be checked out and treated if necessary. Not getting to the right specialists can undermine the value of your case.
  • Document all loss of income or loss wages due to your injuries. This can include tax returns, W-2s and letters from your employer. Also letters from your medical providers taking you off work. You need proper documentation for the insurance company to consider this loss.
  • Be truthful about your injuries and do not exaggerate or have selective memory. It is not credible if after the accident every ailment you have experienced is suddenly caused by the accident. If you exaggerate, it hurts your claim and makes the insurance company question your motivations in the case. Be truthful with your treating medical providers and make sure you give them an accurate history. Often pre-existing injuries can be aggravated and this is still a compensable injury.
  • Keep copies of all bills, prescription expenses and out of pocket expenses and provide them immediately to your attorney.
  • Be patient with the process. If you try to push the claim thru quickly or become desperate for money, it can dramatically affect the amount the insurance company offers on the claim. Finish treatment and be patient. A good personal injury attorney will not cause delays, but keep the process moving.

Once you are done treating, your personal injury attorney needs to act quickly and not delay. All of the medical records and bills from the remaining providers must be requested immediately. The medical providers have 30 days to provide this information, but often provide it much quicker. Your attorney and his staff must keep up with each provider to get the records and bills as expeditiously as possible. Provide you attorney with all documentation concerning your wage loss claim including paycheck stubs and or letters from the company showing the time missed because of the accident. If the attorney needs to request this information, let them know immediately so there is no delay. Often it is quicker if you get this information directly from your employer.

If you have had a history of pre-existing conditions, it is important to let your attorney know as usually the insurance company will request past medical records going back 3-5 years to explore these issues and what injuries were caused by the accident. Do not be offended as when you make a personal injury claim, your medical condition becomes at issue and this is normal procedure if you have had problems before with the same body area that was injured. A good personal injury lawyer will request these past records before the insurance company wants to see them as this will expediate an offer on your claim. Also if you need future medical treatment, this should be documented by the medical provider which should include the future cost.

Once all of your medical records, bills and lost income information is received and you have reached maximum medical improvement, a pre-suit demand is submitted to the insurance company. The insurance company usually takes 30-60 days to evaluate this information and will then make a pre-suit offer. There initial offer is usually low and is negotiated up until they make their final pre-suit offer. This offer is evaluated in the context of what a jury may award on the case and if it is reasonably in that ballpark. Bills can be negotiated down and liens reduced and you will have a net amount you walk away with. At Rowe Law Offices, I will not recommend a settlement where I am getting more on my fee than the client is walking away with. This will entail at times reducing the fee if it is necessary to settle the case. If you decide to reject the offer, you must also look at the cost of litigating the claim in court that can become expensive with filing fees, expert witness fees, deposition costs and demonstrative evidence costs. Unfortunately filing a lawsuit is not free as there are litigation costs associated with it that are additional to the attorney fee. Although sometimes the offer is so low, that filing suit is your only alternative. Often the offer is at or below medical bills which leaves no alternative but to file suit. A good personal injury attorney will discuss your options with you and the risks and benefits of pre-suit settlement or filing suit.

If suit is filed, the insurance company hires a defense attorney to defend the claim, and the suit proceeds into the discovery phase where you will be required to answer written questions on your claim and have your deposition taken which is a statement under oath where you answer questions by the defense attorney. This process can take 6-9 months on average. The court will order mediation before the case goes to trial and many cases settle in the mediation process. A certified mediator conducts a mediation session with the parties, the insurance company and the mediator present and offers and demand are exchanged in an attempt of settlement. Mediation is usually conducted a year or more after the suit is filed. Sometimes the parties may agree to conduct a pre-suit mediation also. If mediation is unsuccessful, then you have the right to have your case tried in front of a jury and to let the jury decide its worth. Jury trials can go either way and carry a certain amount of risk expense that you must be aware of. Furthermore a jury trial further pushes your case out and may not be conducted until a year and a half to two years or more after suit is filed.

Sometimes when a lawsuit is filed, a new set of eyes with the insurance company gets assigned to the claim, and the new adjuster may call and offer more money before the case proceeds into litigation. This does not always happen, but it provides another good opportunity to settle before incurring further costs of litigation.

This is just a basic outline of the personal injury case, but there are more details that a good personal injury lawyer will discuss with you. It is important your personal injury attorney communicates with you each step of the way so you can make fully informed decisions on your case. If you have been injured in an accident and want to consult an attorney for free about your case, call Rowe Law Offices now to discuss your case.