The first thing that you need to know about the litigation process of traumatic brain injuries is that unless you prove it with a CT or MRI scan or a medically documented loss of consciousness, the insurance companies may presume that you are faking the injury.
Following are some facts that you need to keep in mind while dealing with the insurance companies for your Traumatic Brain Injury claim:
Insurance companies try to manipulate the case by asking for the past medical records of the patient. In a brain injury claim, insurance companies have the right to obtain past medical reports, particularly psychiatric or psychological records. Most of the insurance companies then try to manipulate these psychiatric records to prove that the patient had psychological issues dating back the accident and hence the claim money is not justified.
You have to keep in mind that you will have to fight through these manipulations done by the insurance companies in order to win your claim. Sometimes, these manipulations are so complex that an individual cannot deal with them on his own. Therefore, it is recommended to take assistance from top-notch law firms in Toronto to get the help that you deserve.
Case evidence and medical assistance
Traumatic brain injuries can cause long or short-term memory loss and can also result in the loss of cognitive abilities. In some cases, the recovery can be extremely slow and tedious and hence the first focus of the patient’s family should be to get the right kind of medical assistance and obtain solid evidence of the injury. The sooner you can prove the injury, the higher chances you will have to win the case. Sophisticated technology like MRI/MRS, MRI/SWI and MRI/DTI scans can be used to prove your claim and get the matter resolved as soon as possible.
Also, try to gather evidence, which can show that you did not have a psychiatric problem in the past and that it is the result of the accident. Try to assemble witnesses who can testify before the court that you were not involved in any kind of drug abuse, which could have led to your current medical condition.
Apply for funding
The treatment of severe TBI is very costly and cannot be managed by most families. The patient’s family should apply for Accident Benefits from their automobile insurer for medical funding before the matter can be resolved with the party responsible for the injury. Delaying medical assistance due to lack of funding can potentially lead to long-term medical problems for the patient.