Free Brain Injury Case Evaluation NY

When you or a loved one suffers a brain injury due to someone else’s negligence, understanding your legal rights and options becomes critical. A free brain injury case evaluation provides professional assessment of your situation without financial risk or obligation. During this consultation, experienced attorneys examine the circumstances surrounding your injury, review evidence, assess liability, and help you understand the compensation you may deserve. New York’s time limits for filing brain injury claims make early evaluation essential to protecting your rights.

What Is a Brain Injury Case Evaluation?

A brain injury case evaluation is a comprehensive review of your situation conducted by an experienced attorney to determine whether you have a viable legal claim for compensation. During this critical first step, your lawyer examines the circumstances surrounding your injury, reviews available evidence, and assesses the potential value of your case.

The evaluation process serves multiple purposes. First, it helps identify all potentially responsible parties, whether that includes medical professionals, property owners, employers, or other negligent individuals. Second, it allows your attorney to determine which legal theories apply to your situation, such as medical malpractice, premises liability, or personal injury. Third, the evaluation provides you with realistic expectations about the timeline, process, and potential outcomes of pursuing legal action.

According to leading brain injury attorneys, this initial assessment phase is when attorneys evaluate and qualify your claim to determine its strengths, then thoroughly review your case and help outline the best approach to seek compensation from a negligent party.

Most importantly, a free case evaluation means you can obtain professional legal advice without any financial risk or obligation. You learn about your rights and options without paying consultation fees or committing to representation.

Why You Need a Free Case Evaluation for Brain Injury Claims

Brain injuries represent some of the most complex and consequential medical conditions you can sustain. Unlike visible injuries such as broken bones or lacerations, traumatic brain injuries often involve invisible damage that manifests through cognitive deficits, personality changes, memory problems, and long-term disabilities. This complexity makes legal claims challenging to pursue without specialized knowledge.

The financial implications of brain injuries are substantial. Treatment costs frequently exceed hundreds of thousands or even millions of dollars over a lifetime. According to recent data, the average settlement for traumatic brain injury ranges from $700,000 to $1.2 million, reflecting the severe and long-lasting impact these injuries have on victims’ lives.

A free case evaluation provides several critical benefits:

• Professional assessment of liability: Experienced attorneys can identify all potentially responsible parties you might not recognize on your own.
• Accurate case valuation: Lawyers calculate both economic damages (medical bills, lost wages, future care costs) and non-economic damages (pain and suffering, loss of enjoyment of life).
• Protection from insurance tactics: Insurance companies often contact injury victims quickly, seeking recorded statements or early settlements that undervalue claims.
• Preservation of evidence: Critical evidence can disappear quickly. Attorneys know how to secure medical records, accident reports, witness statements, and other documentation before it becomes unavailable.
• Understanding of legal deadlines: Missing New York’s statute of limitations bars your claim permanently, regardless of its merit.

According to New York law, the standard statute of limitations for medical malpractice is 2.5 years, though extensions may apply under certain conditions like the Discovery Rule and the Continuous Treatment Doctrine. For brain injury cases, severe brain trauma generally entitles tolling for insanity, which can pause the statute of limitations clock while the patient is mentally incapacitated due to their injury.

What Happens During Your Free Consultation?

When you contact a brain injury law firm for a free case evaluation, you can expect a structured process designed to gather essential information and provide you with clear guidance. Understanding what happens during this consultation helps you prepare effectively and maximize the value of this opportunity.

Initial Information Gathering

Your attorney will begin by asking detailed questions about your injury and its circumstances. This includes when and where the injury occurred, what you were doing at the time, who else was involved, and what immediate symptoms you experienced. For medical malpractice cases, lawyers need to understand the treatment you received, the names of healthcare providers involved, and the facility where care was provided.

You will discuss your current symptoms and how the brain injury affects your daily life. This conversation covers cognitive difficulties, physical limitations, emotional changes, and any other ways the injury has impacted you. Attorneys also want to know about your employment situation, including whether you’ve missed work, experienced reduced earnings, or lost job opportunities due to your injury.

Medical Record Review

According to documentation experts, medical records are the primary evidence a TBI lawyer will rely on. From the moment you seek medical care after a brain injury, medical professionals document everything in your records, including diagnostic tests, formal diagnoses, and medical treatment.

Essential medical documents include CT scans, MRIs, and physician notes that provide evidence of brain injuries such as swelling, bleeding, or structural damage. Neurological assessments including standardized tests such as the Glasgow Coma Scale provide objective measures of injury severity. Your attorney will review all available medical documentation during or shortly after your initial consultation.

Liability Assessment

The attorney evaluates who may be legally responsible for your injuries. In medical malpractice cases, this involves determining whether healthcare providers deviated from accepted standards of care. For accident cases, lawyers assess negligence, unsafe conditions, or violations of safety regulations. This analysis often requires consultation with medical experts who can provide opinions on whether treatment met professional standards.

Damages Calculation

Your lawyer will begin calculating potential compensation by considering both economic and non-economic damages. Economic damages include medical expenses (past, current, and future), lost wages, reduced earning capacity, rehabilitation costs, adaptive equipment, home modifications, and ongoing care needs. Non-economic damages encompass pain and suffering, emotional distress, loss of enjoyment of life, loss of consortium, and permanent impairment.

For severe brain injuries, attorneys often consult with life care planners and economists to project lifetime costs accurately. These experts assess your medical prognosis, determine future care requirements, and calculate the present value of future expenses.

Legal Strategy Discussion

Based on the information gathered, your attorney will explain potential legal pathways forward. This includes which type of claim applies to your situation, realistic timelines for resolution, anticipated challenges or defenses, and the litigation process if settlement negotiations fail. Lawyers also discuss the evidence needed to build a strong case and what role you’ll play in that process.

How Brain Injury Cases Are Valued

Understanding how attorneys and insurance companies value brain injury claims helps set realistic expectations about potential compensation. Brain injury cases involve unique valuation challenges due to the long-term, often permanent nature of cognitive and physical impairments.

Factors That Influence Case Value

Several key factors determine the potential value of your brain injury claim:

Injury Severity: The Glasgow Coma Scale and other objective measures classify brain injuries as mild, moderate, or severe. More severe injuries with lasting impairments generally command higher compensation. Permanent disabilities, particularly those affecting cognitive function, independence, or ability to work, significantly increase case value.

Age and Occupation: Younger victims typically receive higher compensation because they face decades of living with their injury and lost earning potential. High-earning professionals who can no longer work in their field may recover substantial sums for lost future income. Conversely, retired individuals or those not in the workforce may receive less for economic damages, though non-economic damages remain significant.

Clear Liability: Cases with obvious negligence and strong evidence of fault tend to settle for higher amounts. When liability is disputed, insurance companies offer less because they face lower risk of losing at trial. Contributory negligence on your part may reduce recovery under New York’s comparative fault rules.

Quality of Medical Documentation: Comprehensive medical records that clearly document your brain injury, treatment, prognosis, and functional limitations strengthen your case. Expert medical opinions linking your injuries directly to the defendant’s negligence prove essential in maximizing recovery.

Insurance Coverage Limits: The defendant’s insurance policy limits often cap practical recovery amounts. Even when damages exceed available coverage, collecting judgments beyond insurance can prove difficult if defendants lack personal assets.

According to New York settlement data, brain injury settlements can range dramatically based on these factors. Notable examples include a $13.5 million settlement for a 24-year-old woman who suffered traumatic brain injury after being hit by a car, and an $8.8 million settlement for a woman who suffered traumatic brain injury from a van collision.

The Brain Injury Case Evaluation Process Step by Step

Understanding the complete case evaluation and claims process helps you know what to expect when pursuing a brain injury claim in New York. While each case has unique characteristics, most follow a similar progression.

Step 1: Initial Contact and Consultation Scheduling

The process begins when you contact a brain injury law firm to schedule a free consultation. Most firms offer multiple contact methods including phone, email, and online forms. During this initial contact, staff will ask basic questions about your injury, when it occurred, and the general circumstances. This helps the firm determine if they handle cases like yours and schedule appropriate consultation time.

Many firms offer same-day or next-day consultations for urgent matters. If you’re still hospitalized or unable to travel due to your injuries, some attorneys will meet you at the hospital or your home.

Step 2: Free Consultation and Information Gathering

As discussed earlier, your attorney conducts a comprehensive review of your situation during this meeting. The consultation typically lasts 30 to 90 minutes, depending on your case’s complexity. You’ll discuss your injury, medical treatment, how it affects your life, and the circumstances that caused it.

Your lawyer evaluates whether you have a viable claim, who may be liable, what damages you’ve suffered, and the strength of your potential case. This is your opportunity to ask questions about the legal process, attorney fees, expected timelines, and anything else that concerns you.

Step 3: Case Investigation and Evidence Collection

If you decide to hire the attorney and they accept your case, the investigation phase begins. According to legal experts, collecting evidence such as medical records, expert testimony, and accident documentation is often difficult, and having a TBI makes it all the more challenging. Your attorney will handle building this part of the case for you.

The investigation typically includes:

• Medical records acquisition: Your lawyer obtains complete records from all healthcare providers who treated you, including emergency room visits, hospital stays, diagnostic testing, rehabilitation, and ongoing care.
• Accident investigation: For injury cases, this involves obtaining police reports, interviewing witnesses, examining accident scenes, reviewing surveillance footage if available, and consulting with accident reconstruction experts when necessary.
• Employment records: Your attorney gathers documentation of lost wages, reduced hours, missed promotion opportunities, or job termination related to your injury.
• Expert consultation: Lawyers consult with medical experts, life care planners, vocational rehabilitation specialists, and economists to establish the full extent of your damages and future needs.

Step 4: Demand Package Preparation

Once your medical condition stabilizes or you reach maximum medical improvement, your attorney prepares a demand package for the insurance company or defendant. This comprehensive document presents your case and requests specific compensation.

A typical demand package includes:

• A detailed narrative of how the injury occurred and why the defendant is liable
• Complete medical records and bills documenting your treatment
• Expert medical opinions on causation, prognosis, and future care needs
• Documentation of economic losses including lost wages and future earning capacity
• Evidence of non-economic damages such as how the injury affects your daily life
• A demand for a specific settlement amount with supporting calculations

Step 5: Negotiation Phase

After receiving the demand package, the insurance company typically responds with a counteroffer, often significantly lower than the demand amount. Your attorney engages in back-and-forth negotiations, presenting additional evidence and legal arguments to justify higher compensation.

According to litigation attorneys, TBI cases can take several months to a few years to settle, depending on medical recovery, case complexity, and whether the case goes to trial. Many cases settle during this negotiation phase without filing a lawsuit.

Step 6: Filing a Lawsuit (If Necessary)

If settlement negotiations fail to produce fair compensation, your attorney files a lawsuit. This formal legal action initiates the litigation process, which includes several stages:

• Discovery: Both sides exchange information, documents, and evidence. This includes written interrogatories, requests for documents, and depositions where parties and witnesses give sworn testimony.
• Expert witness preparation: Your attorney prepares medical experts, economists, life care planners, and other specialists to provide testimony supporting your claim.
• Motion practice: Either side may file motions asking the court to make legal rulings on specific issues before trial.
• Mediation or arbitration: Courts often require parties to attempt mediation or arbitration before proceeding to trial. A neutral third party helps facilitate settlement discussions.

Step 7: Trial or Settlement

Most brain injury cases settle before reaching trial, often shortly before the scheduled trial date when both sides have invested substantial resources and face trial uncertainty. If your case does go to trial, your attorney presents evidence to a jury, including witness testimony, medical records, expert opinions, and documentation of your damages.

The jury determines liability and, if they find in your favor, calculates appropriate compensation. This process can take several days to several weeks depending on case complexity.

Types of Brain Injury Cases We Evaluate

Brain injuries result from numerous causes, each presenting unique legal considerations. Experienced brain injury attorneys evaluate claims arising from various circumstances and accident types.

Each case type requires specific knowledge of applicable laws, regulations, and standards of care. Medical malpractice cases demand understanding of complex medical procedures and standards. Construction accident cases involve OSHA regulations and workplace safety laws. Product liability claims require knowledge of manufacturing defects, design flaws, and failure to warn theories.

During your free case evaluation, attorneys determine which legal framework applies to your situation and explain the unique challenges and opportunities your case presents.

Evidence Needed to Support Your Brain Injury Claim

Building a strong brain injury case requires substantial documentation and evidence. While your attorney handles evidence collection and organization, understanding what’s needed helps you appreciate the process and identify information you can provide.

Medical Evidence

Medical documentation forms the foundation of every brain injury claim. According to documentation specialists, essential medical documents include:

• Diagnostic imaging: CT scans, MRIs, and physician notes that provide evidence of brain injuries such as swelling, bleeding, or structural damage serve as objective proof of your condition.
• Neurological assessments: Standardized tests such as the Glasgow Coma Scale provide objective measures of injury severity and track recovery progression.
• Neuropsychological testing: Evaluations that assess changes in memory, attention span, reasoning, and emotional regulation document cognitive impairments.
• Hospital records: Emergency room visits, admission records, surgical reports, and discharge summaries documenting head trauma, loss of consciousness, or disorientation.
• Treatment records: All medical appointments, therapies, medications, and ongoing care related to your brain injury.
• Prognosis statements: Medical opinions about your expected recovery, permanent limitations, and future care needs.

Accident and Incident Documentation

Evidence establishing how your injury occurred and who bears responsibility is equally critical:

• Police reports or incident reports filed at the time of the accident
• Photographs or videos of accident scenes, hazardous conditions, or property defects
• Witness statements from people who saw the accident or can describe the conditions
• Surveillance footage from security cameras capturing the incident
• Safety inspection reports or maintenance records for equipment or property
• Employment records for workplace injuries, including accident reports and OSHA documentation

Economic Loss Documentation

Proving the financial impact of your brain injury requires detailed records:

• Medical bills and expenses: All invoices, bills, and receipts for treatment, medications, medical equipment, and healthcare services
• Lost wage documentation: Pay stubs, tax returns, and employer letters confirming missed work and lost income
• Employment records: Performance reviews, attendance logs, or employer statements showing decline in work performance or need for special accommodations
• Future care cost projections: Life care plans prepared by medical experts estimating lifetime treatment and assistance needs
• Vocational assessments: Expert evaluations of your reduced earning capacity and ability to work in your prior occupation

Daily Impact Evidence

Documenting how your brain injury affects daily life supports non-economic damage claims:

• Personal journal: Daily notes documenting TBI symptoms such as headaches, dizziness, and emotional changes, writing down symptoms as they occur
• Family and friend observations: Statements from people close to you who can describe behavioral changes, personality shifts, and functional limitations they’ve noticed
• Activity limitations: Documentation of hobbies, sports, social activities, or family responsibilities you can no longer enjoy or fulfill
• Photographs: Images showing visible injuries, surgical scars, or medical devices you require
• Before and after comparisons: Evidence of your capabilities, employment, and lifestyle before the injury contrasted with current limitations

Begin documenting your injuries and their impact as soon as possible after the incident. Memories fade, evidence disappears, and witnesses become unavailable over time. Even if you haven’t decided whether to pursue a claim, keeping detailed records preserves your options. Your attorney can always exclude unnecessary information, but missing documentation can rarely be recreated months or years later.

Understanding Contingency Fee Representation

Most brain injury attorneys work on a contingency fee basis, meaning they don’t charge upfront costs or hourly fees. Instead, attorney fees come from a percentage of your settlement or verdict only if your case succeeds. This arrangement makes legal representation accessible to injury victims regardless of their financial situation.

How Contingency Fees Work

Under a contingency fee agreement, your attorney receives payment only if they recover compensation for you. According to New York law, contingency fees for personal injury cases typically range from 33.33% to 40% of the recovery amount, with court rules stating that this percentage cannot exceed 33 percent in most circumstances.

Here’s how the arrangement typically works:

• No upfront payment: You don’t pay consultation fees, retainer fees, or hourly rates to begin representation.
• Percentage-based fee: If your case succeeds, the attorney receives an agreed-upon percentage of your settlement or verdict, commonly 33%.
• No recovery, no fee: If your case doesn’t result in compensation, you typically don’t owe attorney fees.
• Case expenses: While attorney fees are contingent, some case costs like filing fees, expert witness fees, and investigation expenses may be handled differently depending on your agreement.

What Case Costs May Apply

According to contingency fee experts, while you generally don’t pay attorney fees upfront in a contingency fee arrangement, there may be other costs associated with your case. Some law firms cover these costs initially and deduct them from your settlement or verdict amount, while others may require you to pay these expenses as they arise.

Common case expenses include:

• Court filing fees
• Expert witness fees for medical professionals, economists, and specialists
• Medical record copying costs
• Deposition transcripts
• Investigation expenses
• Demonstrative evidence and trial exhibits

Your contingency fee agreement should clearly specify how these costs are handled. Many firms advance all costs and only recover them if your case succeeds, while others require clients to reimburse certain expenses regardless of outcome. Understanding these terms before signing ensures no surprises later.

Benefits of Contingency Fee Representation

This fee structure offers several advantages for brain injury victims:

• Access to quality legal representation: You can hire experienced attorneys even if you lack funds to pay hourly fees or retainers.
• Aligned incentives: Your attorney only gets paid if you recover compensation, ensuring they’re motivated to maximize your settlement or verdict.
• No financial risk: If your case doesn’t succeed, you don’t face legal bills that compound your injury-related financial struggles.
• Focus on recovery: You can concentrate on healing rather than worrying about mounting legal fees while your case progresses.
• Attorney selectivity: Because lawyers only get paid for successful cases, they carefully evaluate claims before accepting them, meaning acceptance often indicates your case has merit.

New York’s Statute of Limitations for Brain Injury Claims

Understanding the time limits for filing brain injury claims in New York is critical. Missing these deadlines permanently bars your claim, regardless of how strong your case may be or how severe your injuries are.

General Time Limits

New York imposes different statutes of limitations depending on the type of claim:

Personal Injury Claims: For brain injuries caused by accidents, negligence, or intentional acts, you generally have three years from the date of injury to file a lawsuit. This applies to motor vehicle accidents, slip and falls, assault, and similar incidents.

Medical Malpractice Claims: According to New York medical malpractice law, the standard statute of limitations is 2.5 years from the date of the malpractice or from the end of continuous treatment for the same condition. This shorter timeframe makes early consultation with an attorney especially important for medical malpractice brain injury cases.

Claims Against Government Entities: If a government hospital, public transportation, or other government entity caused your brain injury, you must file a notice of claim within 90 days from the date of injury. Following this notice, you have 15 months to file a lawsuit. These drastically shorter deadlines make immediate legal consultation essential for government-related claims.

Important Exceptions and Extensions

Several exceptions can extend or modify standard statute of limitations periods:

Discovery Rule: In some cases, the statute of limitations doesn’t begin until you discover or reasonably should have discovered your injury. This applies when brain damage isn’t immediately apparent and manifests months or years after the incident that caused it.

Continuous Treatment Doctrine: For medical malpractice cases, if you continue receiving treatment from the same provider for the same condition, the statute of limitations may not begin until treatment ends. This prevents the clock from starting while you’re still under a negligent provider’s care.

Tolling for Incapacity: According to New York statute of limitations law, severe brain trauma generally entitles tolling for insanity. This means if your brain injury leaves you mentally incapacitated, the statute of limitations may be paused until you regain capacity or a legal guardian is appointed to act on your behalf.

Minors: When children sustain brain injuries, the statute of limitations is typically tolled until they reach age 18. Then they have the full limitation period from that birthday to file claims. However, this doesn’t apply to claims against government entities, which maintain the strict 90-day notice requirement regardless of the victim’s age.

Why Early Action Matters

Even with a three-year statute of limitations for personal injury claims, waiting to consult an attorney creates unnecessary risks:

• Evidence preservation: Witnesses move away, memories fade, video footage gets deleted, and physical evidence disappears over time.
• Medical documentation: Healthcare providers aren’t required to maintain records indefinitely. Obtaining complete medical files becomes more difficult as time passes.
• Complicated timelines: Determining the exact date when your statute of limitations began can be complex, particularly with discovery rule issues or continuous treatment.
• Investigation time: Your attorney needs adequate time to investigate your case, consult experts, and build a strong claim before filing deadlines approach.
• Settlement leverage: Cases filed close to the statute of limitations deadline give defendants less incentive to negotiate, knowing you have no option to extend the deadline if settlement fails.

Questions to Ask During Your Free Consultation

Your free case evaluation provides an opportunity to learn about your legal options and assess whether a particular attorney is right for you. Coming prepared with relevant questions ensures you gather the information needed to make an informed decision.

Questions About Your Case

• Do I have a viable brain injury claim based on the information I’ve provided?
• Who do you believe may be legally responsible for my injuries?
• What is the estimated value range for a case like mine?
• What evidence do we need to prove liability and damages?
• How strong is my case compared to others you’ve handled?
• What challenges or defenses do you anticipate from the other side?
• Am I within the statute of limitations for filing a claim?

Questions About the Legal Process

• What are the next steps if I decide to pursue this claim?
• How long do brain injury cases like mine typically take to resolve?
• What is the likelihood of settling versus going to trial?
• What role will I need to play in building and pursuing this case?
• Will I need to testify or give depositions?
• How will you keep me informed about case developments?
• What happens if the insurance company makes a settlement offer?

Questions About Attorney Experience and Qualifications

• How many brain injury cases have you handled?
• What results have you achieved in cases similar to mine?
• Do you have specific experience with medical malpractice cases? (if applicable)
• Which attorney will handle my case day-to-day?
• What medical experts or specialists do you work with regularly?
• Are you willing to take my case to trial if necessary?
• Do you have the resources to handle complex brain injury litigation?

Questions About Fees and Costs

• What percentage do you charge as a contingency fee?
• Does the percentage change if the case goes to trial?
• Who pays for case expenses like expert witnesses and court fees?
• If I lose, am I responsible for any costs or fees?
• How are case expenses deducted from my settlement?
• Can you provide a written fee agreement before I commit?
• Are there any circumstances where I might owe fees regardless of the outcome?

Beyond asking questions, pay attention to how the attorney communicates with you. Do they listen carefully to your concerns? Do they explain legal concepts in terms you understand? Do they seem genuinely interested in your case? The attorney-client relationship in brain injury cases often lasts months or years. Choose a lawyer you feel comfortable working with and who demonstrates both competence and compassion.

What Makes a Strong Brain Injury Case?

Not all brain injury claims have equal chances of success. Understanding what makes a case strong helps you assess your situation realistically and appreciate the work your attorney must do to maximize your recovery.

Clear Liability

The strongest cases have obvious negligence or wrongdoing. This might include a drunk driver causing an accident, a surgeon operating on the wrong part of the brain, a property owner ignoring known hazards that led to your fall, or an employer violating clear safety regulations. When liability is disputed or multiple parties share fault, cases become more challenging and may result in reduced compensation.

Well-Documented Medical Evidence

Objective medical evidence proving your brain injury and linking it to the defendant’s negligence is essential. CT scans or MRIs showing structural brain damage, neurological testing documenting cognitive deficits, consistent medical records from emergency treatment through ongoing care, and expert medical opinions causally connecting your injuries to the incident all strengthen your case significantly.

Gaps in medical treatment or delays in seeking care can undermine your claim. Insurance companies argue that significant injuries require immediate, consistent medical attention, and gaps suggest your injuries aren’t as serious as claimed.

Significant Damages

Brain injury cases with substantial damages justify the time and expense of litigation. Cases involving permanent disabilities, long-term or lifetime care needs, substantial lost earning capacity, six-figure or higher medical expenses, and severe impact on quality of life typically have higher settlement and verdict values.

While all brain injuries deserve compensation, economic realities mean cases with limited damages may not make financial sense to pursue through litigation. Some attorneys may decline cases where medical bills are minimal, full recovery is expected, and no lost wages or permanent effects exist, as litigation costs could exceed potential recovery.

Available Insurance or Assets

Even strong liability cases have limited value if defendants lack insurance coverage or personal assets to satisfy judgments. Your attorney investigates all potential sources of compensation, including primary liability insurance policies, umbrella policies providing additional coverage, multiple defendants who share liability, and the defendant’s personal assets if applicable.

Credible Plaintiff

Insurance companies and juries evaluate your credibility as a plaintiff. Factors that strengthen your case include consistent statements about how the injury occurred, honest disclosure of pre-existing conditions or prior injuries, compliance with medical treatment recommendations, and avoiding exaggeration of symptoms or limitations.

Inconsistencies between your statements and medical records, evidence that you ignored doctors’ advice, or social media posts contradicting your claimed limitations can significantly damage your case’s value.

Timely Action

Cases filed well within the statute of limitations, with evidence preserved quickly and witness memories fresh, tend to be stronger than those where victims wait years before seeking legal help. Prompt action demonstrates seriousness, preserves critical evidence, and gives your attorney adequate time to build a compelling case.

Common Mistakes That Weaken Brain Injury Claims

Understanding common errors that diminish case value helps you avoid these pitfalls while pursuing compensation.

Delaying Medical Treatment

Failing to seek immediate medical attention after an accident or delaying follow-up care creates insurance company arguments that your injuries aren’t serious or weren’t caused by their insured’s negligence. Always seek prompt medical evaluation after any head trauma, even if you feel fine initially. Brain injuries can have delayed symptoms that don’t appear for hours or days.

Missing Medical Appointments

Gaps in treatment or missed appointments suggest your injuries don’t require consistent care. Insurance adjusters scrutinize medical records for these gaps and use them to argue for reduced compensation. Follow all doctor recommendations, attend every scheduled appointment, and if you must miss an appointment, reschedule immediately.

Giving Recorded Statements to Insurance Companies

Insurance adjusters often contact injury victims quickly, requesting recorded statements about the accident. These conversations are designed to obtain admissions that limit your claim’s value. Adjusters may ask leading questions, take statements out of context, or use your words to argue contributory negligence or that your injuries aren’t serious.

Politely decline to give recorded statements without your attorney present. You’re not legally required to speak with the other party’s insurance company, and doing so can only hurt your case.

Accepting Early Settlement Offers

Quick settlement offers arrive before you understand the full extent of your injuries, future medical needs, and long-term implications. These offers rarely account for complications, permanent disabilities, or reduced earning capacity that may not be apparent initially. Once you accept a settlement and sign a release, you cannot seek additional compensation if your condition worsens.

Posting on Social Media

Insurance companies and defense attorneys routinely monitor plaintiffs’ social media accounts for evidence contradicting injury claims. Photos of you engaging in physical activities, traveling, or appearing happy at social events can be mischaracterized as proof your injuries aren’t serious, even though momentary activities don’t reflect your overall condition.

The safest approach is to avoid posting about your case, your injuries, your activities, or anything that could be misconstrued until your case resolves. Set all social media accounts to maximum privacy settings and don’t accept friend requests from people you don’t know.

Providing Incomplete Information to Your Attorney

Failing to disclose pre-existing conditions, prior injuries, or other relevant information to your lawyer creates problems when the defense discovers these facts during litigation. Your attorney needs complete, honest information to anticipate defenses and address them proactively. Information you hide often emerges during discovery, damaging your credibility and your case.

Be completely honest with healthcare providers about your symptoms, pain levels, and functional limitations. Medical records become evidence in your case. If you downplay symptoms or fail to report problems to doctors, those records will undermine your injury claims. Conversely, exaggerating or fabricating symptoms can destroy your credibility if discovered. Provide accurate, thorough descriptions of how your injuries affect you.

How to Prepare for Your Free Case Evaluation

Maximizing the value of your free consultation requires some preparation. While you don’t need extensive documentation for an initial meeting, gathering available information helps your attorney assess your case more accurately.

Document Preparation

Collect and organize any documents you have related to your injury:

• Medical records: Emergency room records, hospital discharge summaries, diagnostic test results, therapy notes, and current treatment plans
• Medical bills: All invoices and bills for treatment, medications, medical equipment, and healthcare services
• Accident documentation: Police reports, incident reports, photographs of accident scenes or injuries, witness contact information
• Insurance information: Your health insurance, the defendant’s liability insurance (if known), any correspondence from insurance companies
• Employment records: Pay stubs, tax returns, employer letters documenting missed work or reduced hours
• Personal journal: If you’ve been documenting symptoms and how your injury affects daily life, bring these notes

Don’t delay scheduling your consultation if you don’t have all these documents. Your attorney can help obtain missing records, but having what’s available speeds the evaluation process.

Timeline Preparation

Write out a detailed timeline of events before your consultation:

• Date, time, and location of the incident that caused your injury
• Exactly what happened, step by step
• Names and contact information for any witnesses
• When you first sought medical treatment and which providers you saw
• How your symptoms have progressed since the injury
• How the injury has affected your work, family life, and daily activities

Writing this information down before your meeting ensures you don’t forget important details and helps you present a clear, organized account to your attorney.

Question Preparation

Review the questions discussed earlier in this article and write down the ones most important to you. Add any other concerns or questions specific to your situation. Having a written list ensures you don’t forget to ask about issues that matter to you.

Mental Preparation

Discussing your brain injury and its impact can be emotionally difficult. Prepare yourself for this conversation and understand that your attorney needs honest, detailed information to evaluate your case properly. Attorneys handle brain injury cases regularly and approach these discussions with professionalism and compassion.

Remember that everything you discuss with your attorney is confidential under attorney-client privilege. Your consultation is a safe space to discuss your situation candidly without fear that the information will be shared with others.