More details to this question:
I was hit from behind by a speeding teen. I have most of the symptoms for tbi. I have no previous medical issues of any kind. The eye dr. verified the eye dialation which has been that way for over 2 yrs now. The eye, along with the other symptoms, was reported at the first doctor visit. Having tbi is a handicap. Let's assume I really DO have tbi. How does their insurance co. prove I don't?
16 ANSWERS
You need to get a good lawyer and file a lawsuit as soon as possible to show the insurance company that you are serious. After that, it becomes a battle of the medical experts. If you can't get a good settlement, you will need to go to trial.
Answered on Jul 05th, 2013 at 3:57 PM
4 Awards
In Louisiana there is a time period after which you cannot sue for injuries. That time limit is one year from the date of accident or injury. If you have traumatic brain injury caused by an automobile accident, you should have settled your case or filed a lawsuit within the year. If you have had an injury for over two years and not filed a lawsuit, it may be too late. You should consult with a personal injury attorney immediately to see whether or not you still have a viable claim.
Answered on Jun 25th, 2013 at 9:00 PM
James Eugene Hasser
That's not how it works. You have to prove it came from the accident by offering proof positive from a medical professional. The Dr. has to be willing to testify under oath that the tbi was caused from the wreck. Then, and only then, is it up to the Insurance company to disprove it. Good luck.
Answered on Jun 25th, 2013 at 8:59 PM
Personal Injury Attorney serving Great Neck, NY
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Goldman & Maurer, LLP
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It really comes down to medical proof. The Defendant's doctor is going to say that your symptoms don't indicate TBI and your physician is going to say it does. You might have to simply try this case and let a jury decide who to believe.
Answered on Jun 25th, 2013 at 1:55 PM
General Practice Attorney serving Portland, OR
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Furniss, Shearer & Leineweber
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You have the burden of proof in a personal injury claim. It is up to you to prove you do.
Answered on Jun 25th, 2013 at 12:08 PM
Thomas Edward Gates
You would have to be examined by their doctor to see if he agrees with your diagnoses.
Answered on Jun 25th, 2013 at 11:44 AM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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In any automobile negligence case brought in Michigan it will be your/your lawyers responsibility to prove liability/fault, proximate cause and damages. As to proving a TBI it will be up to your proofs to show that you have same and that it was caused by the crash. If the defendant(s) choose to contest the fact of a TBI and/or that the crash caused it, then it will be their burden of proof to provide competent evidence that you don't have a TBI and/or it's not caused by the crash. They likely will either send you to a neuropsychologist and/or have one review any testing done by your treaters (along with your prior school records, etc.) to opine that there is no TBI and/or it was caused by something else.
Answered on Jun 25th, 2013 at 9:58 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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The insurance co does not have to prove anything. it is up to you to prove and you have waited 2 years. what doctor do you think will hazard an opinion based on something that happened 2 years ago?
Answered on Jun 25th, 2013 at 9:33 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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It's the other way around. You have to prove you have TBI and you have to prove that it came from this car crash. You do this with medical records. It could get more complicated than that, you might have to hire an accident reconstruction expert. Then, assuming you can prove you have TBI and assuming you can prove it was caused by this accident, then you have to prove that you are handicapped by this, e.g., income loss and inability to perform tasks and engage in activities that you used to do before.
Answered on Jun 25th, 2013 at 9:32 AM
Ronald A. Steinberg
You have to prove that you have it. They can try to disprove.
Answered on Jun 25th, 2013 at 9:32 AM
Insurance doesn't have to prove anything, including that you don't have a TBI. The burden of proof is on the injured person to prove their injury.
Answered on Jun 25th, 2013 at 2:29 AM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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They don't have to prove anything If you are the plaintiff, you have to prove your case.
Answered on Jun 24th, 2013 at 10:53 PM
1 Award
You have to prove you have it. The insurance company does not have to prove anything. You have the burden of proof.
Answered on Jun 24th, 2013 at 9:43 PM
Personal Injury Attorney serving Los Angeles, CA
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Downtown LA Law Group
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Firstly, it seems from your details that the accident occurred over 2 years ago, and California has a 2 year statute of limitation for car accident claims. With that said, you would need a medical expert to prove that you have, or concurrently to dispute the contention that you do not have, a TBI. 3440 Wilshire Blvd.
Answered on Jun 24th, 2013 at 8:54 PM
Lisa Hurtado McDonnell
Insurance will send to a medical doctor to confirm the diagnosis.
Answered on Jun 24th, 2013 at 8:34 PM
Personal Injury Attorney serving Irvine, CA
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Woods Williford Personal Injury Attorneys
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This will have to be proven with evidence. The insurance company will try to hire a defense doctor who they will hope will testify you do not have TBI. Hopefully you have doctors to support you.
Answered on Jun 24th, 2013 at 8:24 PM