A brain injury changes everything in an instant. One moment, life feels normal. The next, you’re facing memory problems, severe headaches, confusion, or even personality changes.
But when you file an insurance claim, you quickly realize the accident was only the beginning. Insurance companies are not eager to pay out full and fair compensation for brain injuries.
In fact, because these claims are often complex and expensive, insurers fight them harder than almost any other type of personal injury case.
This article uncovers the tactics insurance companies don’t want you to know—and how Tennessee brain injury victims can protect their rights.
Why Brain Injury Claims Are Different
Brain injuries aren’t like broken bones or cuts. They can be invisible, even on medical scans, while still causing lifelong challenges. Symptoms often include:
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Difficulty concentrating or remembering things
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Dizziness or vision problems
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Mood swings or depression
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Sensitivity to light and sound
These injuries may take days or weeks to fully appear. Insurance companies know this, which is why they try to pressure victims into settling early—before the long-term costs are clear.
Treatment for brain injuries is expensive, often involving ongoing therapies, medications, and specialist care. Because payouts can reach hundreds of thousands—or even millions—of dollars, insurers are highly motivated to minimize your claim.
Tactics Insurance Companies Use Against Brain Injury Victims
If you’ve filed a brain injury claim in Tennessee, here’s what you may encounter:
1. Downplaying the Injury
Adjusters may call symptoms “mild” or suggest they’ll go away quickly. They want you to believe expensive treatment isn’t necessary.
2. Using Your Medical History Against You
Insurers dig through your records for pre-existing conditions—like migraines or depression—to argue your problems weren’t caused by the accident.
3. Pushing for Quick, Low Settlements
They may offer a fast payout while you’re still recovering. Once you accept, you can’t go back—even if your future medical bills are overwhelming.
4. Questioning Your Credibility
Because TBIs don’t always show up on CT scans or MRIs, insurers may claim you’re exaggerating or faking symptoms.
5. Delay, Delay, Delay
Insurance companies often drag out the process with endless requests for paperwork and reviews, hoping you’ll settle for less just to move forward.
Tennessee Law and Brain Injury Claims
Knowing Tennessee law is key to understanding your rights.
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Comparative Fault Rule (50% Rule): Tennessee follows a modified comparative fault system. You can recover damages as long as you are less than 50% at fault. If you’re found 50% or more at fault, you cannot recover compensation.
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Statute of Limitations: In Tennessee, you typically have one year from the date of the accident to file a personal injury lawsuit. This is one of the shortest deadlines in the country, so acting quickly is critical.
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Damages Available in a Brain Injury Claim:
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Medical expenses (hospital bills, rehab, long-term care)
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Lost wages and reduced earning capacity
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Pain and suffering
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Emotional distress
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Loss of quality of life
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Because brain injuries often lead to lifelong changes, calculating damages requires both current and future financial needs. This is where insurers often try to cut corners.
How to Protect Your Claim Against Insurance Tactics
Here are five steps every brain injury victim in Tennessee should take:
1. Seek Immediate and Ongoing Medical Care
Don’t wait. The sooner you see a doctor, the stronger your medical record will be. Continue all recommended treatment—skipping appointments gives insurers ammunition to argue you’re “not really hurt.”
2. Document Symptoms Daily
Keep a journal of headaches, memory lapses, mood changes, or any other symptoms. These details can be powerful evidence of how the injury affects your daily life.
3. Avoid Speaking Directly to Insurance Adjusters
Adjusters are trained to get you to say things that weaken your claim. Never provide a recorded statement without consulting an attorney first.
4. Gather Evidence
Take photos of the accident scene, preserve police reports, and collect witness statements. In brain injury claims, expert testimony from doctors and specialists is often crucial.
5. Hire an Experienced Tennessee Brain Injury Lawyer
Perhaps the most important step: you need someone in your corner who knows how insurers operate—and how to fight back.
Speak to a Tennessee Brain Injury Attorney
Brain injury claims are among the most challenging personal injury cases in Tennessee. Insurance companies know the stakes are high, and they’ll use every tactic possible to reduce or deny your claim.
But knowledge is power. By understanding their strategies and taking steps to protect yourself, you can fight for the compensation you truly deserve.
A brain injury can turn your world upside down—but you don’t have to face it alone.
At Davis Legal, we know how devastating a traumatic brain injury can be—and how hard insurance companies work to avoid paying what’s fair. Our experienced team has the resources, skill, and determination to stand up to insurers and fight for your future.
If you or a loved one has suffered a brain injury in Arkansas, don’t face the insurance companies alone. Contact Davis Legal today to request a consultation.
