When your life has been changed by a brain injury caused by a car accident, slip and fall, or work injury, the last thing you need is an insurance adjuster who minimizes your symptoms and offers a low settlement. Brain injuries, including concussions and more serious traumatic brain injuries (TBIs), are often “invisible” and can produce delayed, fluctuating, and wide-ranging physical, cognitive, and emotional problems. Because many effects aren’t immediately obvious on a scan or at the ER, adjusters sometimes under-value claims. In this blog, we provide a practical, step-by-step guide to protect your health, preserve evidence, and push back against a lowball offer.
Why Insurance Adjusters Undervalue Brain Injuries
Insurance companies are focused on dollars and often try to minimize payouts. Brain injuries create two specific problems for insurers: (1) symptoms can be subjective (headache, fatigue, memory problems, mood changes) and may not show clearly on X-rays or CT scans, especially early on; and (2) the full functional impact may not reveal itself for weeks or months, creating uncertainty about long-term care needs. That combination makes some adjusters skeptical and prone to offering a quick, low settlement before the true extent of injury is known. Medical and neuropsychological literature shows that careful assessment, often including specialized testing, is the best predictor of long-term outcome for TBI patients.
See Medical Care Right Away
- Seek immediate medical attention after the crash or event that caused the head injury. Even if you feel “okay,” some TBI symptoms are delayed. Emergency and primary care providers can screen for life-threatening injury and document initial findings.
- Follow up with specialists. A neurologist, physiatrist, or concussion clinic can monitor evolving symptoms and order appropriate imaging or tests. The National Institute of Neurological Disorders and Stroke (NINDS) and other authorities emphasize early and ongoing follow-up for TBI because symptoms often change over time.
- Get a neuropsychological evaluation when recommended. Neuropsych testing objectively measures attention, memory, processing speed, executive functioning, and other cognitive domains most commonly affected by brain injury. Research and clinical guidelines show neuropsychological assessment is a critical tool for diagnosing and documenting the functional effects of TBI (and for predicting long-term needs). A clear neuropsych report is one of the strongest pieces of evidence to counter an adjuster’s claim that your problems are “unrelated” or “pre-existing.”
Document everything: every emergency visit, specialist appointment, therapy session, medication, and day you missed work because of symptoms. Keep copies of medical records, test results, therapy notes, and bills, those are factual records that undercut an adjuster’s claims.
How to Respond When an Adjuster Downplays Your Brain Injury
- Don’t accept the first offer. Adjusters frequently present a quick “take it or leave it” number that reflects their internal estimate of liability and value, not the full cost of recovery. Reply in writing, not by phone, if you can.
- Preserve communications. Save emails, letters, and recorded voicemail messages. If an adjuster asks for a recorded statement, politely decline until you’ve talked to your Chicago car accident attorney. Recorded statements can be used to hunt for contradictions later.
- Provide complete documentation and a detailed demand. Use medical records, neuropsych reports, treatment plans, wage loss documentation, and any expert opinions to create a thorough demand that explains future care needs and why the offer is insufficient. If you don’t yet have a neuropsych or life-care plan, explain ongoing treatment plans and the need for future evaluation.
- Keep a symptom diary. Write daily notes about headaches, memory lapses, concentration problems, sleep disruption, mood swings, and how symptoms limit daily life and work. A contemporaneous diary is powerful evidence that symptoms are real and persistent.
Use Experts to Rebut Low Valuations
- Neuropsychologist: an objective battery of tests can show cognitive deficits even when CT/MRI are normal. Neuropsych reports are routinely relied on by courts and insurers to establish injury, impairment, and prognosis.
- Life-care planner/rehabilitation expert: for moderate or severe TBIs, prepare a plan that documents projected future medical, therapy, home-modification, and caregiving costs. That plan gives a dollar estimate to counter a low settlement figure.
- Vocational expert: if you’ve lost job capacity, an expert can quantify lost earnings and future diminished earning capacity.
- Treating physicians: ask treating doctors to prepare clear, written opinions tying your symptoms and functional limits to the traumatic event.
Don’t expect an adjuster to accept expert reports without pushback, but expert opinions make it much harder for an insurer to maintain an artificially low valuation.
Preserve Evidence and Protect Your Legal Position
- Keep original medical bills and records; demand copies of any recorded statements you gave.
- Don’t sign releases or medical authorizations that are overly broad. Some adjusters request expansive authorizations to comb through unrelated records. If you must sign an authorization, consult an attorney first. Adjusters may use overly broad record requests to find pre-existing conditions and then argue they explain current symptoms.
- If the adjuster claims pre-existing conditions explain everything, ask them to identify specifically which records they’re relying on and why. Often the proper response is to get treating physicians to explain the difference between pre-existing issues and new injury caused by the crash.
When to Hire a Chicago Personal Injury Lawyer
Hire experienced counsel as soon as possible if the injury is moderate to severe, you have ongoing cognitive or psychological symptoms, you face significant medical bills or lost wages, or the insurer refuses to negotiate in good faith. An experienced Chicago brain injury lawyer will:
- Coordinate medical and expert evaluations (neuropsychologists, life-care planners, vocational experts).
- Prepare a comprehensive demand package and, if necessary, file suit to protect statute-of-limitations rights and force full financial discovery.
- Communicate with adjusters so you don’t have to give recorded statements or sign dangerous releases.
- Negotiate aggressively and, if needed, take the case to mediation or trial. Law firms that handle brain injury claims understand adjuster tactics and the types of evidence that change an insurer’s valuation.
Immediate Actions to Take After a Lowball Offer
- Do: keep seeking medical care and get specialist and neuropsych referrals.
- Do: document symptoms with a daily diary and preserve all records and bills.
- Do: respond to the offer in writing and request the insurer’s rationale for their valuation.
- Do: consult an experienced attorney before signing anything or giving recorded statements.
- Don’t: accept the first offer if you have ongoing symptoms or significant expenses.
- Don’t: allow an adjuster to obtain unlimited medical authorizations without reviewing them with counsel.
Frequently Asked Questions about Brain Injuries After an Accident
Q: The ER said my CT scan was normal, can I still have a brain injury?
A: Yes. Mild TBIs and concussions often produce symptoms without visible abnormalities on CT or even MRI. Many consequences of TBI (memory, attention, emotional changes) are best documented through neuropsychological testing and clinical follow-up. That’s why continued medical care and specialist evaluation are critical.
Q: The adjuster says my headaches are “pre-existing.” What should I do?
A: Don’t argue with the adjuster alone. Gather pre- and post-injury medical records, ask treating physicians to prepare letters explaining why the crash worsened or caused your symptoms, and consider an independent medical examination or specialist opinion. Your lawyer can help organize this evidence and rebut the insurer’s assertion.
Q: How long will it take to know what my claim is worth?
A: There’s no fixed timeline. For many brain-injury cases, value becomes clearer after thorough medical treatment, neuropsych testing, and, if needed, expert reports on future care and lost earning capacity. Rushing to settle early can permanently cut off full recovery compensation.
Q: Should I give the insurer a recorded statement?
A: Generally, not until you’ve completed initial medical evaluation and consulted counsel. Recorded statements can be used later to find inconsistencies. If you do give one, be cautious, factual, and avoid speculation about symptoms or future prognosis.
Q: What if the insurer denies my claim entirely?
A: Denials require a prompt, documented response. A lawyer can file an appeal, demand a reasoned explanation, obtain discovery of insurer files, and, if necessary, file a lawsuit to obtain damages. Your attorney will also preserve your rights under the statute of limitations.
Contact the Top-Rated Chicago Brain Injury Accident Lawyers at John J. Malm & Associates
Brain injuries are complex, often invisible, and potentially life-altering. Because symptoms can be delayed and hard to measure without specialized testing, insurance adjusters sometimes underestimate both injury severity and future needs. That’s why early, continuous medical care, objective neuropsychological testing, careful documentation, and the help of qualified experts (and, when appropriate, experienced counsel) are essential to getting a fair result. The cost of accepting a low settlement now can be a lifetime of unpaid medical bills and unmet needs later.
If you or a loved one has suffered a brain injury and an insurer is offering less than you deserve, contact John J. Malm & Associates for a free consultation. We’ll help preserve evidence, coordinate medical and expert evaluations, and push the insurance company to recognize the full extent of your injury, so you can focus on recovery while we handle the legal fight.