5 Mistakes That Can Hurt Your Traumatic Brain Injury Case

A traumatic brain injury doesn’t just affect your health — it can determine your future. This article breaks down five common mistakes that can seriously hurt a TBI case, from delaying medical care to trusting insurance companies too soon. Drawing on real courtroom experience, Joseph H. Low IV explains how these missteps happen, why insurers exploit them, and what injured people can do to protect their rights, their recovery, and their long-term financial security.

5 Mistakes That Can Hurt Your Traumatic Brain Injury Case

5 Mistakes That Can Hurt Your Traumatic Brain Injury Case

A traumatic brain injury (TBI) can change your life in an instant — physically, emotionally, and financially. But the impact of the injury doesn’t end at the hospital. What you do after the trauma often determines whether you receive the support, care, and compensation you truly need.

As a trial lawyer who fights for the seriously injured, I’ve seen how small missteps early in a case can lead to big consequences later. The good news? Most of these mistakes are preventable.

Whether the injury was caused by a crash, fall, workplace incident, or another act of negligence, here are five common mistakes that can seriously damage a TBI case — and how you can avoid them.

1. Delaying Medical Treatment or Follow-Up Care

Many people with TBI don’t realize the severity of their symptoms right away. Headaches, confusion, irritability, memory problems, and dizziness can come on slowly, making the injury easy to overlook.

But insurance companies use delays against you.

If you wait days or weeks to seek medical help, they may falsely claim:

  • “You weren’t really hurt.”
  • “The symptoms came from something else.”
  • “The injury isn’t connected to the accident.”

Protect yourself:

Get evaluated as soon as possible, and follow all medical recommendations — including specialist visits, imaging, therapy, and follow-up appointments. Every entry in your medical record builds the foundation of your case.

Practice area image

2. Not Documenting Symptoms and Life Changes

Traumatic brain injuries often disrupt everything: your sleep, your moods, your ability to concentrate, your relationships, even your personality.

But without documentation, it becomes difficult to show the full impact to a jury or insurance company.

Protect yourself

  • Keep a daily log of:
  • Headaches or pain levels
  • Emotional changes (irritability, depression, anxiety)
  • Memory lapses or confusion
  • Missed work or changes in job performance
  • Struggles with everyday tasks
  • Notes from loved ones who notice changes

These real-life details can be powerful evidence.

3. Speaking to Insurance Companies Without Legal Protection

This is one of the most damaging — and most common — mistakes.

Adjusters will sound polite. They will sound helpful. They may say they “just need your statement.”

But their real goal is simple: Save the company money.

A single misplaced word can be used later to undervalue or deny your claim.

Protect yourself:

Do not give statements, sign documents, or answer detailed questions without an attorney present. A brain injury affects memory and processing — insurers know that, and they exploit it.

4. Underestimating the Long-Term Effects of a TBI

Many people hope the symptoms will go away quickly — so they settle quickly.

That is exactly what insurance companies want.

But traumatic brain injuries often have long-term consequences, including:

  • Cognitive decline
  • Sleep disorders• Chronic headaches
  • Personality shifts
  • Emotional dysregulation
  • Relationship strain
  • Inability to return to work
  • Increased need for future medical care

A fast settlement rarely accounts for the true, lifelong cost.

Protect yourself:

A qualified TBI attorney will work with neurologists, neuropsychologists, life-care planners, and economic experts to calculate your future needs — not just the immediate ones.

Practice area image

5. Choosing an Attorney Without TBI Experience

All injury lawyers are not the same.

TBI cases involve:

  • Complex medical evidence
  • Cutting-edge brain imaging
  • Nuanced neurological testing
  • Emotional storytelling
  • Skilled jury communication
  • The ability to prove “invisible injuries”

Choosing an attorney who does not fully understand this can cost you your case — or millions in compensation.

Protect yourself:

Hire a lawyer who:

  • Focuses on TBI litigation
  • Understands brain science• Knows how to communicate invisible injuries to juries
  • Has a proven record of significant TBI verdicts and settlements
  • Is willing to take your case to trial, not just settle quickly

Your future deserves a fighter who knows the battlefield.

Final Thoughts

Recovering from a traumatic brain injury is overwhelming — physically, emotionally, and financially. You shouldn’t have to navigate it alone, and you shouldn’t have your future determined by preventable missteps.

If you or someone you love is dealing with the aftermath of a TBI, getting the right help early on can make all the difference.

Attorney Joseph H. Low IV has years of experience protecting TBI survivors from the pitfalls that can derail a case. He knows how to uncover the truth behind a brain injury, document its real impact, and counter the strategies insurance companies use to minimize or deny claims.

If you need answers, support, or a legal advocate who understands how to avoid the common mistakes of a brain injury caseI, we’re here to help. Reach out here on our website or call us for a FREE CONSULTATION at: (888) 454 5569

You don’t have to face this alone.

And you don’t have to fight this battle without a warrior on your side.

Contact Us for a Free Consultation

Get help today by filling out the following form for a free case evaluation.

Background
LaTimes
AbcSkyfmRegister

Featured
On

joeBackground

Related News

Law Firm of Joseph H. Low IV Logo