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A traumatic brain injury (TBI) can affect every aspect of your life, inhibiting your ability to earn a living, enjoy your hobbies, and straddling you with a lifetime of medical debt. Fortunately, if you were hurt through no fault of your own, you may be able to file a personal injury claim to recover compensation for the resulting losses.   

However, as with any personal injury case, there’s always a chance yours will go to trial. While few claimants are required to take this legal step, it’s important to understand some of the factors that could push your claim from settlement talks into the courtroom.  

Let’s take a look at a few of these factors in more detail: 

You Made Serious Mistakes 

Brain injury claims can result in substantial settlements, so the insurer will have a strong incentive to find reasons to challenge your credibility. As such, if you didn’t consider your actions carefully after suffering your injuries, there’s a chance you committed serious errors that could lead to disputes and prolong proceedings. 

For instance, if you deviated from your treatment plan, the claims adjuster might argue that you failed to fulfill your duty to mitigate damages and that your own negligence may have contributed to your losses. In such situations, your financial award could be reduced as you may be held liable for any additional medical costs and other resulting damages. In addition to sticking to your treatment plan, you should also stay away from social media, track your expenses carefully, and avoid providing a recorded statement to the insurer until you’ve had a chance to investigate the incident that led to your injuries.   

You Are Seeking a Considerable Sum 

If you are only pursuing a small amount in compensation, the insurer will have less of an incentive to commit resources towards challenging your claim. However, as the estimated value of your damages rises, so do your chances of facing disputes. If opposing parties refuse to agree to a settlement that covers your full range of losses, it might be in your best interests to file a lawsuit. 

There Are Many Liable Parties 

Whether you were hurt in a car wreck or slip and fall, there may be many different parties that hold some degree of liability for your injuries. For instance, if you tripped and injured yourself on someone else’s property, the owner, property manager, staff, maintenance contractors, and other individuals or entities responsible for taking care of the premises may all share some liability for your damages. In some instances, you may also be held partly liable for your losses because of actions you took before or after the accident. If there are multiple parties involved, there’s always a chance that they may dispute how liability is apportioned, increasing the chances that you may have to proceed to trial. 

Discuss Your Situation with a Traumatic Brain Injury Attorney in California 

Did you suffer a TBI in an accident? Turn to the brain injury attorneys at Harris Personal Injury Lawyers to discuss your options. We can help investigate the incident, gather the necessary proof to demonstrate liability and damages, and provide tenacious representation throughout proceedings. To request a free case review, dial 1-800-GO-HARRIS or by sending us a message using our Contact Page.