Asked over 1 year ago - Miami, FLFlag
I was in an accident a year ago and suffered a concussion, and multiple cervical herniations. My neurologist wrote in her final report that i suffered traumatic brain injury with cognitive impairment and personality change. she also states that this is a result of my accident and they are permanent. My orthopedic also states that my injuries are a result of this accident and I will require surgery. My question is: The insurance adjuster is saying that these injuries are minor soft tissue injuries. I am quite confussed by this given the problems that i have had and still continue to have on a daily bases. Is this a typical thing adjusters do to downplay your injuries or does this mean I have to just accept his opinion of my injuries. Any help would be greatly appreciated.
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Absolutely it is a typical thing. Insurance companies are profit machines not fair or kind things. That's why there are lawyers out there who can typically help you, not always mind you. The adjuster is not a doctor, and sometimes they are working off of a computer that figures your damages for you. They never take your MRIs or X-Rays to a doctor to get an opinion. They offer you only so much, hope you will take it, and go away. They don't want a legal fight yet they may talk down to your attorney and try to lecture them on the weakness of your case.
Simply enough, talk to an attorney, more than one. Get an idea of what you are dealing with. Insurance companies don't pay what they don't have to, and they don't have to till a court says they do.
That is the insurance adjuster's party line. Unless you have a bone sticking out (and even sometimes then) you have a minor injury. Sometimes they believe it, sometimes they don't, but they almost always throw that out there. If you have the injuries you describe and an adjuster is giving you that line, make sure to get an attorney to run that gauntlet for you.
Based on your comments, you definitely have suffered significant injury that is much more than a simple soft tissue case. I gather from your question that you are attempting to resolve the case with the insurance company yourself. This is ill advised and explains why you are getting the run around. I strongly urge you to seek the advice and counsel of an injury attorney near you. My firm is located in Sarasota Florida. Do not allow yourself to be taken advaantage of. If I can be of any assistance, please feel free to call, (941) 953-4555 or visit our web site www.morgandramis.com Good Luck.
The statements of the insurance adjuster are quite typical and, as you suspected, are only meant to create doubt in your mind about the value of your injuries. Even so, I would not ordinarily lump a "traumatic brain injury" and "multiple cervical herniations" into what is commonly if erroneously referred to as soft tissue injuries. That term is a misnomer anyway, as mere "soft tissue injuries" can be as painful and disabling as broken bones. However, I am concerned for you in that you do report injuries that can be very serious and long-lasting, and you seem to prefer trying to handle this claim on your own rather than seeking professional assistance. Don't get hurt twice, as some yellow pages advertisements proclaim. Find and use a reputable attorney.
You should ask all these questions of your attorney (you should have one) who is in command of all the pertinent facts in your case & can honestly assess for you whether your case can be settled presuit or if litigation may be needed. It's also important to emphasize that info put out here isn't privileged whereas your conversations with your attorney are. The bottom line tho is that adjusters want to minimize their exposure and will often play the deny (delay) game; his word is not the final one by any means as to your injury status, prognosis, etc
You can find closed head injuries verdicts & settlements @ the Verdict Search "Hot Sheet" at:
After you buy and read a few of these reports involving cognitive brain injuries, I hope your no longer confused and realize there is a significant difference between a cognitive brain injury case and a soft tissue injury case and pick up the phone and schedule an appointment with a local attorney. There is no comparison between the two types of cases and the adjuster is just doing his job. You should get an attorney to represent you immediately. You did not say the type of accident you had - but remember there are many different accident satutes of limitaions - so act immediately as if you fell on a cruise ship its usually one year - if a maritime claim, such as a fall on a vessel, it is usualy 3 years and if regular negligence such as an mva or slip and fall - in Fl it is four years. But, you should act promptly.
Insurance companies don't want to pay out money for claims, thus, will try to minimize the injuries. You absolutely need a lawyer to represent you, and I would recommend searching Avvo for a brain injury lawyer. If you don't have a lawyer, you would not get the proper compensation.
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