Take Action to Protect Your Case
It is important to be aware of the strategies that your insurance company may use against you and to act to protect your case before your insurer attacks it. For example if a vehicle was involved in an accident it is not uncommon for an insurance company to have the vehicle crushed as soon as possible, which destroys your chances of obtaining evidence of any mechanical failures.
Any social media content posted by you, your family or your friends will also be examined by your insurer. Any conversations with your insurer after the accident are likely to be recorded. In some cases your insurer may even go through your trash in search of evidence. Anything contrary to your case will be used against you.
Unless there is objective evidence of a brain injury on an MRI or CT Scan, then your insurer will argue that you are faking your injuries or that you had psychological problems prior to the accident. In its search for pre-existing injuries your insurer is also going to dig into your entire life history. School records, medical records, evidence of drug use, and any psychological or psychiatric records are open to examination. Your insurer employs people to make the case that you had problems prior to the accident. This is a confronting experience at the best of times, but even more so when you are dealing with the cognitive challenges as a result of your accident. You need an expert in your corner who understands the process, understands the difficulties you are experiencing, and is able to sensitively guide you forward.
Our extensive experience with brain injury matters enables us to work with family, friends and medical staff to gather compelling evidence and to build your case. Witnesses who provide before and after evidence can often help us to overcome ambiguities in medical records. In our experience juries also believe honest witnesses providing these sorts of statements more often than hired experts.
Objective medical evidence is, however, the quickest way to settle a brain injury case. Fortunately, recent advances in medical technology make objective identification of brain injuries much easier than it used to be. We can work closely with medical and rehabilitative professionals to ensure that we are obtaining the best evidence available. We make sure that your injuries are fully documented and are taken seriously by the defendant, the insurer and the jury.