Even a so-called “mild” traumatic brain injury can be life-altering. If you’ve suffered a concussion in an auto accident and you’re looking for an experienced traumatic brain injury attorney, contact BenGlassLaw today. We have the experience to understand your journey, along with a best-in-class team to support you throughout the entire settlement process.
Your brain is what makes you YOU. That’s what makes traumatic brain injuries so devastating for injury victims and their loved ones. While some people make full recoveries, others must deal with physical, cognitive, and emotional challenges for months, years, or even the rest of their lives.
Yet when people suffering from brain trauma turn to the auto or disability insurance company for help, they’re often met with skepticism and denials. Most brain injuries won’t show up on an MRI or CT scan. They may not have physical symptoms that would be obvious to a jury. They are “invisible injuries,” capable of completely upending your life—and yet being imperceptible to anyone who didn’t know you before the accident.
Proving that you have a traumatic brain injury, showing how severely it has impacted your life, and convincing the insurance company to actually compensate you fairly is not a simple process. You may need advanced testing. You may need to gather witness testimony from friends, family, co-workers, and others who can speak honestly about the person you are and the life you live—both before the injury, and after. And your legal team needs to know enough about the science of head injuries to refute the insurance company’s claims.
BenGlassLaw can help.
We have three goals for every traumatic brain injury case. We will help you:
Multiple insurance policies could apply to your situation. We’ll find them and extract as much money from them as possible.
After your case settles, we negotiate unpaid medical costs, liens, and other debts so you can keep as much money for yourself as possible.
Brain injuries are life changing. We’ll handle the stress and aggravation of dealing with the insurance company—so you can focus on what really matters.
At BenGlassLaw, we believe in adding value to people’s lives. We’ll never take a case if we don’t think we can get you a better outcome than you could get on your own. We’ll never pressure you into hiring us if it’s not right for you. And we’re always happy to provide advice, recommendations, and information that can help you plan out your next steps, whether you hire us or not.
Ben was recommended to me by two different people that I trust. One of the people is a lawyer who works for insurance companies and so has experience doing cases against Ben in court. This lawyer said that if he needed help, he would want Ben on his side. It meant a lot to me that a lawyer who works in the field would name Ben as his first pick for an advocate. My experience with Ben has been outstanding. He is easy to talk to, very understanding, listens well and is obviously an expert in the field. If you need a disability attorney, Ben is your man.
I suffered a traumatic brain injury, completely rendering me helpless and disabled. … Ben Glass Law was unbelievably diligent and meticulous about collecting every last detail and medical record so they could build the strongest and most aggressive case possible. Their patience, compassion, and understanding made me feel like I wasn’t alone, and like I had the help of a team that really cared about me. They ultimately gave me hope. We won the appeal! I can support my family now, I can pay my bills, I can sleep. They saved me. Thank you, Ben, and thank you especially to the kind and wonderful staff!
I contacted Ben Glass law firm when my LTD benefits were scheduled to end. My letter was reviewed quickly at no charge. The information and feedback was clear, addressed each issue and was very detailed. I followed the instructions and my appeal was approved. My benefits have been reinstated. This is an Amazing firm that really cares that people are treated fairly and with respect even before they are hired. They have earned my respect and future business.
I must mention my original point of contact was Jennifer K. she represented the firm so well with her respect for the firm and love to help attitude.
We were recommended by a colleague to the Ben Glass law firm and they have been absolutely wonderful. Ben’s staff is incredibly responsive and Mary in particular responded to all our emails and questions in a timely manner. We met with Ben to help us understand two disability policies we have and he made something that could be very complicated very easy to understand and he provided us with follow-up notes of our meeting so that we could concentrate on the discussion rather than having to document the information he shared with us. I would recommend this team if you have an issue related to a disability or personal injury.
Lisa and Tammy were just who I needed to guide me through this process from start to finish after my auto accident. They couldn’t have been more helpful and were always super quick to respond to my calls or texts. I was uneasy about hiring a lawyer because of all of the cheesy commercials and radio ads, but it was 1000% the best decision I could have made. Highly recommend Ben Glass Law. I couldn’t have gotten the results I did navigating this process on my own.
I highly recommend BenGlassLaw. I have worked with Tammy and Lisa, who have both been incredibly knowledgeable and professional. They took the time to explain the nuances and intricate legal processes in a way that my husband and I could understand. BenGlassLaw was flexible to our schedule, and drove the overall process minimizing our stress and time. Have recommended to friends and family, and would use again.
It’s easy to feel confused, frustrated, angry, and alone after you or a loved one suffers a traumatic brain injury. How could you not?
But you don’t have to take on the insurance company alone. Our job is to understand the science and the legal system, get you the treatment you need, do the hard work on your behalf, and give you the information and tools you need to make great decisions about your legal case.
Our attorneys go the extra mile for our brain injury clients. We listen. We care. We take the time to get to know you (even if you don’t feel much like “you” anymore since the brain injury). We want to know what drives you, what you love, and what you’ve lost.
If we think we can help you and your case, we’ll do everything in our power to get you the compensation you deserve—including going to trial, if that’s what it takes. We aren’t afraid of challenging cases. And if we don’t think we can help, we’ll still give you honest, compassionate advice and detailed information that can help you with your next steps.
Since 1995, BenGlassLaw has been helping brain injury survivors make great decisions and get great results. Here are just a few past cases:
Fairfax jury award for attorney who suffered a traumatic brain injury after a car accident.
Settlement: We represented a 16-year-old sophomore who sustained two comminuted femur fractures as a passenger in a single-car crash.
Law firm obtains brain injury settlement for client only after having to file suit against State Farm insured in a clear liability case.
Charlottesville, VA car accident verdict
Our client was struck by a drunk driver whose friends tried to stop him from driving. Underinsured driver’s policy help client pay for medical bills.
Personal injury claims involving head trauma and brain injuries are almost never simple, and no two people experience the same symptoms (or same lifestyle impact) from a brain injury. If you’re currently dealing with concussion-like symptoms, there’s no substitute for speaking directly with a brain injury attorney, who can provide personalized advice. But if you’re still not sure if you have a case—or just looking for some basic info about your options—feel free to review the FAQs below.
If at any time after a car accident, you experience any of these symptoms, immediately contact your doctor or call 911. This list is not intended to diagnose illness, but to inform you of the common medical complaints from brain injuries.
This is not a complete list of symptoms. There are many more symptoms of brain injuries that may not be well-documented or easily diagnosed.
One important point to understand: symptoms of traumatic brain injuries are not always present or obvious immediately after an accident. Certain symptoms might not develop until days or weeks later. Or, you might not even realize you’ve developed cognitive deficits until you try to go back to work and suddenly can’t do the things you’ve always done.
Carefully monitor your symptoms over the following weeks and months. Don’t settle your personal injury claim until you’ve seen a traumatic brain injury specialist and have either completely recovered or reached maximum medical improvement.
Here are six important steps to follow:
Seek Medical Treatment Immediately
Your health and wellbeing should come first. If you are experiencing symptoms of a brain injury, contact your doctor or call 911. Timely treatment of your injuries is important to your health and important for your car accident claim.
Report Your Accident and Injuries to Your Insurance Companies
If you are not at fault for an accident, your car and health insurance policies are supposed to cover you within your policy limits. In simple car accident claims, your insurance company will seek compensation from the at-fault driver’s insurance policy (if they have one).
Plan to Manage Your Medical Bills While You Wait for a Settlement
In complex accident cases, particularly traumatic brain injury cases, the victim’s medical bills arrive before they’re finished negotiating with the insurance company. If health insurance doesn’t fully cover the costs, then you may have to pay out of pocket while waiting for your settlement check. Many smart drivers purchase additional coverage under their own auto policy that can pay for medical bills immediately after an accident or in case the at-fault driver doesn’t have enough insurance. This might include personal injury protection (PIP), medical payments coverage (Med-Pay), uninsured motorist coverage (UM), and underinsured motorist coverage (UIM).
Consult with an Attorney Before You Give Recorded Statements to the Other Insurance Company
A recorded statement is a summary of the accident, your injuries, and your general condition after an accident. In property-damage-only cases, a recorded statement is a simple statement recalling the details of your accident. However, when an accident involves injuries, a simple statement like “I felt okay after the accident” can be used against you later in your case.
Carefully Collect All Your Medical Records While You Treat
Early in the process, the insurance company will request access to your medical records to evaluate your claim. In most situations, you SHOULD NOT allow the insurance company unrestricted access to your most sensitive data. If you have reported symptoms like migraines before your car accident, the insurance company may claim your brain injury was pre-existing. Consult with a personal injury attorney before you grant anyone access to your medical records.
Keep a Diary to Document Your Brain Injury Symptoms Over Time
Many traumatic brain injury symptoms get worse over time. Periodic headaches could transition to migraines, or cognition could decline to the point where it affects a victim’s employment. A simple diary of symptoms (coupled with medical records from your doctor) can help your attorney negotiate with the insurance company.
The effects of a brain injury can be subtle. An experienced attorney can help you prove what you’ve lost, and persuasively explain why you deserve significant compensation.
Here are just a few concrete examples of what your attorney can do on your behalf:
The unsatisfying answer to this question is that it depends. Traumatic brain injuries affect each person differently.
Most brain injury victims who have a mild TBI do fully recover from their symptoms after a period of a few months. However, a significant percentage of TBI victims have symptoms that persist for months, years, or even the rest of their lives. If concussion-like symptoms persist, you may be diagnosed with post-concussion syndrome.
The “severity” of your initial TBI doesn’t necessarily determine whether you’ll develop post-concussion syndrome. Some people who lost consciousness for a few hours make complete recoveries. Some people who never lost consciousness develop permanent impairments.
It’s critically important that you seek medical attention, follow up with treatment protocols, and document all your symptoms. The more detailed your record-keeping is, the better your chances of proving your case to a skeptical insurance company.
Yes. In fact, a huge percentage of mild traumatic brain injuries go undiagnosed initially, particularly if you didn’t lose consciousness after the crash.
For the most part, ER doctors aren’t especially concerned about diagnosing brain injuries. They are trained to deal with more urgent problems like broken bones and severe pain, and get your condition to “stable.” (That doesn’t mean brain injuries are less important than broken bones, of course. The long-term consequences of a mild TBI can still be devastating.)
In the days and weeks following your head injury, pay close attention for any of the signs and symptoms listed above.
Even better, have someone close to you observe you carefully for at least a few weeks. They should look for signs like mood swings, changes in your personality, forgetfulness, etc. Depending on the nature of your brain injury, you might not be able to tell how much you’ve been affected—but a loved one probably can.
Your brain sits inside your skull, but it’s not held firmly in place. Instead, it’s surrounded by fluid, which provides shock absorption and protection.
When your head is violently jolted, your brain can slam into the inside of the skull—that’s the root cause of the TBI. Actually hitting your head is not required here.
For example, people who are in violent rear-end collisions often suffer whiplash, an injury that occurs when the head and neck whip violently back and forth. Many whiplash sufferers are later diagnosed with a TBI, even if their head never hit the dash.