Dirty Tricks Insurance Adjusters Use in Traumatic Brain Injury Claims (And How to Counter Them)

Discover the sneaky tactics of insurance providers to deny or reduce compensation for traumatic brain injury (TBI) cases. Learn how to protect yourself and receive the compensation you deserve.
Introduction

Traumatic brain injury (TBI) is one of the most multifaceted and expensive bodily injuries, with long-term or permanent disability. Victims may experience cognitive deficits, emotional distress, and extensive financial liabilities. The catch is, of course, that insurance companies are not exactly motivated to pay out the whole amount on these large claims.
The insurance adjusters work to protect their company’s profits — and that means underestimating in any way possible the value of legitimate brain injury claims.

This guide exposes the dirty tactics insurance adjusters play in brain injury cases plus it answers your questions and gives you an easy to follow step-by-step strategy to protect your rights and to get fair compensation.

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Insider Tricks Insurance Adjusters Use in Brain Injury Claims

Traumatic brain injuries are notoriously hard to diagnose and measure. Symptoms may not be immediately noticed and can range from headaches and dizziness to forgetfulness, mood changes or permanent brain damage. Since such injuries can necessitate long-term medical care, and cause loss of income and reduced quality of life, the stakes are high for victims and insurers alike. Below is a list of common tactics to be aware of and how to protect yourself when dealing with Insurers.

Minimizing the Level of Brain Damage

The Trick: Adjusters say your brain injury is a “mild concussion” or “temporary problem” and should resolve rapidly.

Why They Do It: They want to assign a lower value to your claim and not have to pay for long-term treatment expenses.

How to Protect Yourself: Seek out opinions from experts, such as neurologists or neuropsychologists. Consistent medical documentation is key.

Blaming Pre-Existing Conditions

The Trick: They might tell you that your symptoms are caused by a pre-existing condition like A.D.H.D., anxiety, depression or previous head trauma.

Why They Do It: Use of this tactic allows them to (try to) argue that because you’re “cutting it” currently, you cannot still be injured from the accident, thusly dropping their liability.

What You Can Do to Protect Yourself: Give a complete medical history. Obtain expert testimony from those who are treating you to link causation.

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Using Delayed Symptoms Against You

The Trick: Adjusters can argue that because symptoms of TBIs can be delayed (i.e. not necessarily appear immediately after the accident), then the accident did not cause the injuries.

Why They Do It: They’re seeking to imply there’s no medical connection between the accident and your present cognitive issues.

How to Protect Yourself: Keep track of all symptoms as they develop, and don’t delay in getting follow-up care — even if you initially felt fine.

Requesting a Premature
Recorded Statement

The Trick: Adjusters might request a recorded statement soon after the incident while you’re still confused or before you’ve fully recognized the extent of your injury.

Why They Do It: You may say things like “I’m fine” or forget to mention something about your symptoms, which can be used against you later to impeach your claim.

How to Protect Yourself: Do not give a recorded statement without a lawyer. Tell them no thank you and point them towards your attorney.

Surveillance and Social Media Monitoring

The Trick: They could watch you or stalk your social media in a bid to “catch” you doing things that you shouldn’t be able to do given the restrictions you claimed.

Why They Do It: To make it look like you’re milking your injury or out-and-out faking it.

How to Protect Yourself: Be mindful about what you post online and how you act in public. Even such innocuous things may be (mis)read.

Pressuring You to Settle Quickly

The Trick: Pressuring you to agree to a speedy settlement before you have a full understanding of the effects of your brain injury.

Why They Do It: Brain injuries frequently lead to long-term effects. If you settle early, you’re giving up the opportunity to seek additional pay later.

How to Protect Yourself: Never accept the first offer. Wait until you are diagnosed and your future needs are somewhat more clear.

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Disputing or Denying Long-Term Treatment

The Trick: Insurance companies often assert that continuing treatment, rehab or therapy is “too much” or “unnecessary.”

Why They Do It: Long-term care is not cheap, especially in cases involving brain injuries.

How to Protect Yourself: Ensure your treatment plan is supervised by board-certified specialists and maintain accurate medical records.

Mischaracterizing the Accident

The Trick: Adjusters might argue that your accident wasn’t hard enough to cause a brain injury because they may try to minimize the significance of the actual incident.

Why They Do It: To disprove your assertion and decline to pay for neurological examination and treatment.

How to Protect Yourself: Keep evidence of the accident such as accident reports, witness statements, photos, and expert testimony that supports your side of the story.

Why You Need to Hire Brain Injury Lawyer

Traumatic brain injury cases are complex, both medically and legally. A knowledgeable personal injury attorney will:

Consult brain injury specialists and neurologists
Handle manipulative insurance tactics
Accurately calculate long-term damages
Protect you from premature settlements

Don’t be afraid to try your case
If you don’t have an attorney, you may receive less than a hundred thousand, or lose tens, hundreds, or perhaps even millions of dollars in compensation that the other side may owe you.

Final Thoughts
Can Brain Injuries Change Your Life? Certainly the insurance adjusters have your best interest in mind, right?…NOT, they’re in the business to protect their employer’s bottom line. Being aware of the insurance industry's dirty tricks in brain injury cases can help you protect yourself and fight for the full compensation you are entitled to receive.

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Note: This guide is for informational purposes only and does not constitute legal advice.

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Meet Shawn Mangoli

“Shawn Mangoli, the founder of Beverly Hills Injury Firm, is a distinguished trial attorney specializing in personal injury law. With a decade of experience in civil litigation, Shawn has successfully championed the rights of those injured due to negligence, securing numerous multi-million-dollar settlements and verdicts. Recognized consistently by Super Lawyers and a respected member of the Consumer Attorneys Association of Los Angeles and American Attorneys for Justice, Shawn’s commitment to justice is profound and unwavering.”

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