You were recently in an accident, and now the insurance adjuster is trying to deny or lowball your personal injury claim, saying that the traumatic brain injury you suffered is actually a pre-existing condition. Don’t panic if the insurance adjuster says a TBI was pre-existing. You could still be entitled to financial compensation for aggravation of a pre-existing condition if the accident caused new symptoms or made an existing condition worse. Follow these steps to protect your rights.
Do Not Accept the Adjuster’s Claim as Final
Insurance companies are not courts. Their decisions are not binding. It’s better to think of a denial as the opening of negotiations rather than the last word. Without legal representation, the insurer has the upper hand in a traumatic brain injury insurance dispute.
Before we go any further, it’s important that you understand the somewhat oddly named eggshell plaintiff rule. This legal doctrine takes its name from a hypothetical: imagine someone has an unusually thin skull and is hurt in an accident that someone else caused. The injuries they sustain are worse than those that a person with a normal skull would have suffered under the same circumstances.
The eggshell skull rule holds that the person who caused the accident is fully responsible for that person’s injuries, regardless of whether they knew about the injured person’s underlying condition and that the plaintiff is unusually susceptible to injury. Most states – including Oklahoma – follow the eggshell skull doctrine.
What this means for you is that the person who worsened your TBI (and, by extension, their insurer) is responsible for your injuries, even if someone without a pre-existing condition wouldn’t have been hurt as badly as you were. The insurance company knows about this rule and hopes that you don’t.
Get Medical Care and Explain Any New or Worsened Symptoms
Perhaps the most important thing you can do to support your pre-existing condition TBI claim is to get medical evidence of your changing condition to show the accident worsened it. Seek medical treatment if you have not already. Your primary care physician can recommend you to a specialist. Be sure to tell them about the accident, your past medical history, and any new symptoms you’ve developed. They will run diagnostic tests to determine the extent of your injuries and how the accident aggravated them. Keep your medical records organized.
Gather Records That Show the Difference Before and After the Accident
Another way to support your claim is to get testimony from people who knew you before the accident and can speak to how your symptoms have gotten worse afterward. Collect any other documentation that helps prove this, such as pay records showing that you’re no longer able to work.
Avoid Signing a Release or Accepting a Quick Settlement
At some point, the insurance company might “give in” and make you a settlement offer. It might even suggest that this is a one-time-only, take-it-or-leave-it deal. Don’t believe them, and don’t sign anything yet. Once you do, you release the insurance company from further liability, meaning you can’t go back for more compensation later. Instead, get legal help right away.
Contact an Oklahoma City Traumatic Brain Injury Lawyer Today
Perhaps the single most important thing you can do to protect your rights is to hire an Oklahoma City traumatic brain injury lawyer. Cain Law has recovered over $250 million for people who’ve suffered traumatic brain injuries or been pushed around by insurers. Contact us now for a free consultation, and let’s discuss your next steps during a free consultation.
