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The physical, emotional, and financial impact of a traumatic brain injury (TBI) due to negligence can be overwhelming for both victims and their families. In the days and weeks that follow, it can be difficult to know what steps to take or what pitfalls to avoid. Unfortunately, certain mistakes can make recovery harder and affect your ability to seek financial compensation.
In this guide, our brain injury lawyers highlight the most common mistakes people make after head trauma and how you can avoid them.
Mistake 1: Delaying Getting Medical Care
One of the most serious mistakes after a head injury is not seeking medical attention right away. Brain injuries are not always obvious at first. Symptoms like headaches, dizziness, confusion, or memory problems may not appear until hours or days later.
Without immediate medical care, these symptoms may worsen and lead to long-term damage. Delaying treatment also makes it harder to prove that the injury was caused by the accident.
A prompt medical evaluation aids in your recovery and creates a record that connects your injury to the event that caused it.
Mistake 2: Ignoring Follow-Up Appointments or Treatment Plans
Going to the emergency room or doctor once is not enough. TBI recovery often requires weeks or months of ongoing care. Doctors may recommend follow-up visits, rehabilitation, medication, or therapy to support recovery.
Skipping appointments or ignoring treatment plans can not only delay healing but also give insurance companies a reason to argue that your injury is not serious. Consistency in care shows that the injury is ongoing and needs attention.
Keep all scheduled appointments and follow your doctor’s instructions closely.
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Mistake 3: Failing to Document Symptoms and Daily Struggles
Brain injuries affect more than just physical activity and health. Victims often experience mood changes, difficulty concentrating, memory lapses, and sleep problems. These challenges can be hard to explain without written proof.
Keeping a journal of your symptoms and daily struggles is one of the best ways to document how the injury affects your life. Notes about headaches, dizziness, emotional changes, or trouble completing tasks can help doctors adjust treatment and serve as valuable evidence in a legal claim.
The more detailed your records, the better your doctors can help you and the stronger your case for compensation will be.
Mistake 4: Talking to Insurance Companies Without Legal Guidance
Insurance companies may contact you soon after an accident. Adjusters often appear helpful, but their goal is to pay as little as possible. They may ask you for a recorded statement, request access to medical records, or pressure you to accept a quick settlement.
Speaking with insurers without legal guidance can harm your case. A statement taken out of context or a signed document you don’t fully understand can limit your right to full compensation.
Before talking to an insurance company, consult a personal injury lawyer who can communicate on your behalf and protect your interests.
Mistake 5: Overlooking the Emotional and Psychological Impact
Catastrophic injuries like a traumatic brain injury affect more than the body. They also take a toll on mental and emotional health. Victims may experience depression, anxiety, mood swings, or even post-traumatic stress disorder (PTSD). These symptoms can be just as disruptive as physical ones.
Unfortunately, many people ignore these struggles, focusing only on physical recovery. Failing to address mental health needs may prolong suffering and reduce quality of life. Counseling, therapy, and support groups can play a critical role in the recovery process.
Emotional and psychological challenges are also considered a part of your damages in a legal claim.
Mistake 6: Settling Too Quickly Without Considering Future Needs
Another common mistake is accepting the first settlement offer without fully understanding long-term needs. Early offers may seem appealing, especially when medical bills are piling up. But these settlements often fail to account for future costs.
Brain injuries can lead to months or years of treatment, rehabilitation, and therapy. Some victims cannot return to their jobs or may face reduced earning potential. Others may require ongoing assistance with daily tasks.
A fair settlement should cover not only today’s bills but also the costs you may face in the future.
Your brain injury settlement should include compensation for such losses as the following:
- Emotional and psychological damages: including pain, suffering, and loss of enjoyment of life
- Medical expenses: both emergency care and long-term treatment
- Rehabilitation and therapy costs: physical, occupational, or speech therapy
- Lost income: wages lost during recovery
- Reduced earning potential: if the injury prevents you from returning to your prior job
Your claim may include even more. Our traumatic brain injury lawyers can assess your case and seek maximum compensation for your losses.
Mistake 7: Not Reporting the Accident or Collecting Evidence
Accident reports, photographs, and witness statements are critical in proving how an injury happened. But many victims of brain injuries are unable to gather evidence at the scene because they are disoriented or unconscious.
If you could not document the accident, others may be able to help. Friends, family, or even witnesses can take photos, get contact information, or file a police report. These steps preserve important details that may be lost over time.
A lawyer can step in later to collect accident reports, speak with witnesses, and build the necessary evidence for your case.
Mistake 8: Waiting Too Long to Seek Legal Help
Time is a critical factor after an accident. Every state has deadlines, called statutes of limitations, that restrict how long you have to file a claim. Typically, brain injury victims have three years in North Carolina and South Carolina, but certain exceptions could shorten or extend the deadline.
Waiting too long can mean losing the right to pursue compensation altogether. Plus, evidence can also become harder to gather as time passes. Witnesses may forget details, documents can be misplaced, and physical evidence may disappear.
Hiring a brain injury lawyer early ensures that your case is protected. A brain injury lawyer can:
- Take over communication with insurance companies
- Investigate and collect evidence
- Determine your full range of losses
- File lawsuits on time if negotiations fail
This service allows you to focus on recovery while knowing your legal rights are being safeguarded.
Call Farmer & Morris Law, PLLC, for Legal Assistance Today
If you or a loved one has suffered a traumatic brain injury in an accident, we encourage you to reach out to Farmer & Morris Law, PLLC, for a free consultation. We can explain your options, protect your rights, and help you pursue the compensation you deserve.
