How Can I Strengthen My Brain Injury Claim?

A traumatic brain injury (TBI) has the potential to change the trajectory of your entire life. Even a moderate TBI can cause permanent disabilities that prevent you from earning a living wage or taking care of your household.

Thankfully, if someone else is to blame for your condition, you may be entitled to funds for all associated damages. New York allows personal injury claimants to seek compensation for everything from medical bills and lost income to physical impairment and mental anguish.

In order to recover a payout, though, you’ll have to put together a strong claim. While a resourceful brain injury attorney can handle most of the logistics, there are steps you can take to bolster your case over the course of the proceedings. Such steps include:

1. Follow Your Doctor’s Orders 

Personal injury claimants have an obligation to mitigate damages. When recovering from a traumatic brain injury, that means following medical advice. For example, you shouldn’t skip any follow-up appointments, nor should you perform activities that your doctor advises against, like strenuous exercise or mentally demanding tasks. 

2. Keep a Personal Injury Journal 

Detailed journal entries will supplement your medical records by contextualizing the impact of your TBI on your everyday life. Start keeping a journal as soon as possible—ideally the same day on which you were hurt—and write in it daily

Record the ways in which your condition is preventing you from living your life to the fullest. You should also track all doctor’s appointments, and document any side effects you experience as a result of your treatment.   

3. Stay off Social Media 

During such a trying time, you may be inclined to turn to friends and loved ones for support. Just make sure to do so in person or over the phone as social media posts could be used against you. The insurance adjuster will likely monitor your online presence in an attempt to find evidence that allows them to challenge your claim.  

4. Refer All Correspondence to Your Legal Team 

Sadly, insurers are not above using manipulative tactics to find cause to deny or at least devalue the cases they review. For example, the claims adjuster may request a recorded statement before you’ve actually reached maximum medical improvement so as to “lock in” the total damages.

To avoid jeopardizing your case inadvertently, refer the insurer to your personal injury attorney. An experienced lawyer won’t fall victim to their unscrupulous strategies. 

Call 516-280-4716 to Discuss Your Case with a Long Island Brain Injury Lawyer

If you or someone you love is living with a TBI because another party failed to act with reasonable care, turn to PascaleLaw. We will conduct a thorough investigation into the incident and gather the evidence needed to prove liability and damages against all responsible parties.

Let us handle the logistics of your claim so you can focus on your health. Call 516-280-4716 or use our Online Contact Form to set up a free case evaluation with a brain injury attorney in Long Island.