Craig Rosenbaum | November 15, 2015 | Brain Injury
Brain injuries are terrifying. Infections, broken bones and lacerations are all something tangible; something you can fight with determination and science. However, a brain injury is insidious. You may not even be aware that your brain is injured. With medical expenses piling up, you or a loved one may be tempted to accept an insurance company’s initial offer to settle your case. Insurance companies count on this fear and pressure.
Don’t trust the insurance company. It wouldn’t be profitable if it offered every single claimant a fair number. Instead, consult with an attorney or other expert to determine the exact amount of your medical expenses. Brain injuries are long-term problems that can present medical problems years later. Speaking to an experienced attorney with a wide network of medical experts is critical to anticipating future medical expenses related to your brain injury.
The reason accurate calculations are critical is because you only get one shot at recovering your damages. The American legal system adopted the one-time damages payment model. Intuitively, it makes sense for damages to be spread out over the course of many years. After all, how are you expected to anticipate how this brain injury will develop over time?
Regrettably, this is not how the American damages system works. You have one shot to anticipate everything that could reasonably develop. Insurance companies know this, and that is why their initial offer is commonly a low-ball offer. A skilled attorney with extensive medical expert contacts can help you understand the immensity of your injury and how much it will cost over your lifetime.
Additionally, because New York has no cap on damages, this means the insurance company has an incentive to oppose you at every turn. This creates a combative atmosphere that is not conducive to someone recovering from a brain injury. Retain an attorney that places your well-being before winning a lawsuit. Fighting a lawsuit is stressful. It is stressful at one of the most difficult periods in your life. Retaining an attorney that relieves you of this burden can help you focus on healing. Let your attorney fight the insurance company. You focus on getting better.