Ryan Zavodnick | August 10, 2025 | Brain Injuries \ Personal Injury
Injuries like broken bones, lacerations, or bruises are easy to comprehend, diagnose, and recover from. They have visible symptoms, a generally typical path to healing, and in most cases, a realistic expectation that you will be restored to the same health as you were before the injury. Unfortunately, other injuries are not as straightforward. Brain injuries are much more complex than a broken bone or a cut. With symptoms that can be immediate or delayed, subtle symptoms that may be overlooked, and a recovery time that depends on many factors, these injuries can change your life temporarily or permanently. Big insurance companies count on you not knowing this, so they can try to avoid paying the compensation you deserve under the law. At Zavodnick & Lasky, our Delaware personal injury attorney may be able to assist you in ensuring that the insurance company does not get away with undermining your claim. Call (215) 774-6467 to schedule a consultation and learn more about your legal rights and options.
Brain Injuries: Types, Causes, Symptoms, Recovery, and Treatments
Brain injuries are complex, with different types and causes, symptoms that range from the physical to the emotional or behavioral, and a recovery time that varies depending on several factors. While two people may have a brain injury with the same name, their injuries are likely to be completely different. This can mean that one brain injury may be what is considered mild and inexpensive, and the other may be much more severe and extremely expensive.
Brain Injury Types
There are several types of brain injuries, some of which are technically subtypes of others. However, understanding their differences is essential as they all have different causes and may or may not be someone else’s fault.
The types of brain injuries are:
- Traumatic Brain Injuries (TBI): A TBI is a brain injury caused by external forces. They can be penetrating (such as a gunshot wound) or non-penetrating (such as a concussion).
- Acquired Brain Injuries (ABI): An ABI is a brain injury occurring after birth from causes such as stroke, tumor, infection, or lack of oxygen. They can be broadly classified into TBIs if caused by an external force to the head or non-TBIs if caused by stroke, tumor, infection, or lack of oxygen.
- Concussions: Concussions are mild TBIs caused by a blow to the head. They usually result in temporary brain function changes, though repeated concussions can cause significant and permanent brain damage.
- Strokes: Strokes are a kind of ABI caused by a disruption to the brain’s blood supply. These can cause cell damage and neurological deficits that are temporary or permanent.
- Brain Hemorrhages: This is bleeding in or around the brain and may be caused by an injury or an aneurysm.
- Brain Tumors: These are abnormal masses of tissue that grow inside the skull and disrupt brain function.
- Encephalitis: Encephalitis is inflammation of the brain, and is typically caused by an infection.
Causes of Brain Injuries
Some brain injuries may not have a clear or known cause, such as brain tumors. Others, such as brain hemorrhages or encephalitis may not have a clear or known cause or they may be caused through someone else’s negligence.
Some of the causes of brain injuries include:
- Motor vehicle accidents
- Contact sports such as football
- Recreational accidents
- Falls
- Medical negligence such as birth injuries
- Assaults and other forms of intentional violence
Any sudden blow or jolt to the head or penetrating injury to the head can cause a brain injury. Big insurance companies do not make money when they pay a claim, so even when the cause is clear and someone else is negligent, they will fight to deny the claim.
Brain Injury Symptoms
Brain injuries have symptoms that span the physical, cognitive, and emotional or behavioral. These symptoms can range in severity from so mild and subtle they are barely noticeable to so severe that they are crippling. Physical symptoms include headaches, dizziness, fatigue, nausea, vomiting, sensory changes, weakness, balance issues, seizures, and vision or hearing problems.
Cognitive symptoms include memory loss, confusion, difficulty concentrating, slurred speech, slowed thinking, and impaired judgment. Emotional or behavioral symptoms include mood swings, depression, anxiety, irritability, impulsivity, and personality changes. All brain injury symptoms can fluctuate in severity and may sometimes appear to come and go. In cases of moderate or severe TBIs, when the damage is permanent, symptoms may also come and go.
Recovery and Treatment for Brain Injuries
Recovery from brain injuries can vary significantly depending on the type and severity of the injury, the individual’s overall health, and their access to treatment. Emotional and other support from loved ones can also influence recovery.
Treatments also vary depending on injury type and severity. Treatments can include medications, surgery, physical therapy, speech therapy, occupational therapy, and psychological support. Rehabilitation services may also be employed to assist individuals with permanent brain injuries to help them regain lost function and to cope with their remaining disabilities. These treatments, along with the testing to diagnose the injury, can be extremely costly, and big insurance companies will look for ways to claim that a treatment is not necessary or that the individual should have recovered.
Disruptions to Everyday Life
When the injury occurs, an individual’s everyday life is disrupted and possibly changed forever. Symptoms of brain injuries can be immediate or they can be delayed for hours, days, or weeks. This means that some people are diagnosed quickly and can start on the path to recovery right away, while others may take a long time to be diagnosed and begin treatment. If it takes a long time to diagnose their injuries, the damage may also be more severe or permanent due to the lack of treatment, increasing the expense of their claim. Big insurance companies may use a long time between the incident that caused the injury and the diagnosis to try to claim that the injury is not that severe, that the brain injury is not related to the incident that caused it, or that the delay in diagnosis should disqualify the individual from being compensated for their injuries.
Diagnosing Brain Injuries
Diagnosing brain injuries requires a lot of information gathered through discussions with the patient or the patient’s loved ones and a variety of testing. The first step is getting a complete personal and family medical history for the individual. Then, doctors will perform neurological exams and cognitive tests. They will do imaging tests such as computed tomography (CT) scans or magnetic resonance imaging (MRI) tests. Collecting all of this information can take some time, particularly if the individual is suffering from severe symptoms. They may need extensive amounts of rest, preventing them from quickly doing the tests required. In some cases, some tests may be done multiple times to compare the results and determine whether the individual’s condition seems to be worsening, improving, or holding stable. Specialized testing may also be required to detect subtle injuries or assess long-term effects.
While awaiting a diagnosis, the individual’s life may be disrupted by multiple doctors’ appointments for testing. They may also be unable to drive, work, or engage in activities they enjoyed before the injury. This can lead to frustration for the individual and their loved ones or caregivers.
Continued Disruptions to Daily Life
Even after an individual has been diagnosed with a brain injury, treatment may disrupt their life as they attend various therapy appointments. The stability of their everyday routine and lifestyle may be disrupted not only by treatment but also by the symptoms of brain injuries. They may forget appointments, lose track of time, fail to recall conversations, or struggle to focus on a book or follow instructions at work. Physical difficulties, such as struggling to walk, speak, or even sit upright without assistance in severe cases, can lead to emotional stress and irritability, withdrawal, or confusion. Lingering fatigue and chronic pain may also disrupt the individual’s sleep and daily activities.
There is also likely significant financial strain from medical bills, extended time off from work, or the loss of their job entirely. All of this impacts the injured person and their family and caregivers. The strain and stress may damage or destroy relationships between spouses, parents and children, siblings, and others. Some of these things, such as medical bills and lost wages, may be recovered in a claim, but big insurance companies will often try to deny claims for emotional distress or pain and suffering, acting as if the stress and damaged relationships are not a result of the injury or do not deserve compensation.
Tactics Used By Big Insurance Companies to Avoid Paying Claims
Big insurance is profit-driven and becomes big by keeping more of the money paid as premiums. They do this by denying claims or paying as little as possible on those claims. However, they do not deny a claim directly or admit they are trying to pay as little as possible. Instead, they use a variety of tactics that are so subtle, it is difficult to prove they are being uncooperative and trying to avoid paying the claim. By knowing some of these tactics, individuals and their families can advocate for themselves and avoid being taken advantage of. Additionally, at Zavodnick & Lasky, our Delaware personal injury attorney may be able to advocate for you, using skill and knowledge of the tactics that big insurance uses.
Undervalue Claims
Brain injuries are difficult to diagnose and often impact every area of the injured person’s life. From high medical bills for diagnosis and treatment to lost wages from not being able to work either temporarily or permanently, the financial cost of these injuries is high. While these injuries are often much more expensive than other injuries, big insurance companies will try to undervalue the claims by undervaluing the costs associated with it. Despite medical records indicating the severity of the injury and the necessity of each diagnostic test or treatment, big insurance companies will try to reduce the claim’s value by denying the validity of the costs of each test or treatment or the necessity of each one.
Dispute Injury Severity
Big insurance will dispute the injury’s severity in their attempt to reduce or avoid a payout. Despite medical records clearly indicating the severity of the brain injury, and often indicating the persistence or worsening of symptoms, many big insurance companies will try to deny the seriousness of the injury. Particularly in cases that are difficult to diagnose or do not show up on initial scans, they will try to insist the injury is not as severe as the individual claims. This is why the individual’s medical records are such a crucial part of the evidence in these claims.
Delay Claims Processing
Another tactic used by big insurance companies is delaying communication and claims processing. This can include asking for excessive documentation, repeatedly requesting the same documentation, taking a long time to respond to inquiries, and taking an extended amount of time to process claims. They do this in hopes of frustrating the individual into accepting less than they may be entitled to or pressuring them into accepting less because they are worried about the statute of limitations expiring.
Surveillance and Social Media Monitoring
Another big insurance tactic many people do not know is surveillance and social media monitoring. Big insurance companies will monitor social media and use private investigators to follow the injured individual in an attempt to find anything that they can use to claim the person is not injured or not injured as severely as they claim. Even a photo on social media can be taken out of context to do this, such as when the individual posts a photo from a vacation several years ago without a date or caption that indicates it was from years earlier.
The invisible nature of brain injuries can make surveillance very tricky. There are no casts, braces, or other visible signs of brain injuries, so the individuals must follow every restriction their doctors give them. They should also avoid posting on social media so that online comments (your own or family or friends’) cannot be used against them. They should also be cautious in discussing their injury with strangers and with family or friends who may unintentionally share information with someone from the insurance company.
Denying Claims Without Clear Justification
Another trick big insurance companies use is denying claims without providing a clear justification. Valid reasons to deny a claim include lack of coverage, missed deadlines, policy exclusions, insufficient documentation, or alleging misrepresentation or fraud. Instead of using such valid reasons, the insurance company will give no reason, a vague reason, or one that relies on technicalities.
Denying claims without clear justification may be a sign of bad faith by the insurance company. Bad faith means that the insurance company is not dealing fairly with the individual and is a breach of its ethical and legal duty to handle claims fairly and promptly. If an individual suspects the insurance company may be dealing with them in bad faith, they should consult with an attorney to learn about their legal options, including filing a lawsuit.
Misrepresenting Policy Language
Misrepresentations of policy language can occur when an individual purchases insurance or when a claim is filed. When an individual uses their own insurance to file a claim, this can result in finding out that something they thought would be covered, such as brain injuries, is not. When they use a negligent third party’s insurance, it can result in the claims adjustor misrepresenting the meaning of the policy terms or coverage amounts to deny a valid claim or avoid paying out the full, fair amount of the claim.
Minimize Losses
Minimizing losses sounds very similar to undervaluing claims, and in some cases, they can be the same thing. However, minimizing losses can also be other tactics that big insurance companies employ to avoid paying out a claim. One such tactic is using the principle of loss minimization. This means that when individuals are injured, they are expected to minimize the loss by immediately seeking diagnosis and treatment to avoid the injury being worse than it has to be. With brain injuries, particularly subtle ones or ones that take a long time to diagnose, the insurance company may try to claim that the individual did not take appropriate action to minimize their losses, and thus, the insurance company should not have to pay for all of the costs associated with it.
Another way big insurance companies minimize losses is by disputing liability. They may claim that the negligent party was not responsible at all, or that the injured individual is partially responsible for their own injury. 10 DE Code § 8132 provides that even if an individual contributed to their injury, they can still recover damages if their fault is not greater than that of other negligent parties.
Use an Independent Medical Examiner to Invalidate Claims
In workers’ compensation claims, 19 DE Code § 2343 (2024) provides that employers can require injured workers to undergo an examination by an independent medical examiner. However, big insurance companies may also try to use this tactic to deny Personal Injury Protection (PIP) claims in car accidents, or other claims for brain injuries. While the name includes the word independent, it is essential to remember that this medical examiner is hired and paid by the insurance company. This means their conclusions may be skewed in the insurance company’s favor.
Offer Lowball Settlements
While many previous tactics take time and lengthen the claims process, this big insurance tactic often relies on speed and a lack of information. Sometimes, insurance companies will quickly offer a low settlement before the injured individual knows the full extent of their injury. They hope that the individual will not realize the settlement offer is too low and will be so relieved to get the offer that they will take it. However, if the individual does take the settlement, there will often be a clause that prevents them from getting more money later, when they learn the true extent of their brain injuries.
Tips for Protecting Your Rights
Understanding the tactics big insurance companies use is one piece of the puzzle. The other piece is knowing how individuals can protect their rights. These steps will help an individual avoid falling for the insurance companies’ tactics, bolster their claim, and prepare them to take further action if needed.
Know That You Have the Right to Full Compensation
The first step to protecting an individual’s rights is knowing they have the right to full compensation for their injuries. This includes all past and future expected losses, including medical bills, lost wages, physical pain and emotional trauma. 18 DE Code § 2303 requires insurance companies to act in good faith, which means they must be honest and fair in their dealings. This includes fairly evaluating each claim, settling promptly when liability is indisputable, and providing reasonable explanations for claim denials. An attorney may be able to help the individual verify whether an offer from a big insurance company is a valid, but low, offer or if the company is operating in bad faith.
Do Not Give Information to the Insurance Company Before Speaking to an Attorney
Insurance companies will often try to get recorded statements from individuals regarding the type and severity of their injuries, the circumstances of the accident, and other details. While they may say that this is standard practice and meant only to help them better understand the claim, they often use this recorded statement to discredit the injured individual and try to deny the claim.
Speaking to an attorney before giving information to the insurance company is always a good idea, but it may be particularly critical in brain injuries. The individual may say something that can be used against them later without realizing it, due to the nature of the injury. Additionally, if family or friends may be speaking with the insurance company, either as witnesses or simply to assist the injured individual, they may want to consult with legal counsel as well.
Gather Comprehensive Evidence
The invisible nature of brain injuries can make them more challenging to prove. Without evidence such as an X-ray of a broken bone or a cast, crutches, or other visible signs of injury, individuals need other comprehensive proof of their injury. This should include detailed records of all the neurological, cognitive, and other exams, results from imaging tests, and a journal detailing symptoms experienced, including dates and times, severity, and how long the symptoms last.
A detailed history of the injury can also be critical. This should include details about how the injury happened (fall, car accident, etc.), any loss of consciousness, duration and range of any amnesia, and other information that can help prove the severity of the brain injury. The individual may need family, friends, or caregivers to help them gather all of this evidence, particularly any evidence requiring them to write down details. This evidence will be critical to ensuring that a big insurance company cannot deny the claim due to a lack of evidence.
Document Everything
Documenting the details and evidence of the injury is crucial, but individuals with brain injuries should also document everything else. Every communication with a big insurance company, particularly by phone or otherwise not in writing, should be documented with details about what was said. Any communications with the other party should also be documented. This will not only assist with evidence but also ensure that the injured individual is better able to keep track of everything that has already taken place so that they do not contradict themselves or accept an offer they have previously declined.
Do Not Rush to Settle the Claim
When injured individuals see unpaid bills pile up as their bank accounts dwindle, even the smallest offer from a big insurance company can look huge. However, brain injuries can be some of the most expensive injuries, and individuals should not rush to settle the claim too quickly. As time passes, the diagnosis is made and treatments are explored, it will become clearer how severe the injury is and what lasting impairments may exist. These details significantly impact the settlement, as injuries that are more severe and with permanent impairments may receive more money. Once the claim has been settled, the individual cannot get more money if they learn that their injury is more severe than they thought or they will need a more expensive treatment.
Identify All Potentially Responsible Parties
Depending on the circumstances of how the brain injury occurred, there may be more than one liable party. For example, while the other driver may seem to be the only liable party in a car accident, other responsible parties might be another driver who cut them off, a mechanic who did not perform a repair they claimed to have done, or a manufacturer who produced a defective part. Someone who fell through a porch railing at a family member’s backyard barbecue may hold their family member responsible, but it may be a landlord who did not repair the railing if the family member does not own the property or a repairman who did not effectively repair the railing. Identifying all potentially negligent parties ensures that the injured individual can get the compensation they are entitled to under the law.
Communicate and Negotiate
Big insurance may seem cut and dried: there is an injury, there is proof the person has medical expenses and lost wages, so the insurance company should pay. However, there is much more to it than that. Brain injuries range in severity, do not have many visible symptoms, and may leave the individual with permanent impairments. Communication and negotiation with a big insurance company may be necessary for a fair and just settlement. These negotiations and communication may take weeks or months, but if they result in a more appropriate settlement, it can be worth it.
Remain Aware of the Statute of Limitations
Particularly if a big insurance company is using tactics such as delaying claims processing, individuals must remain aware of the statute of limitations. The statute of limitations is the time a state gives injured parties to file a lawsuit and recover damages. 10 DE Code § 8119 provides injured parties two years from the date the injuries were sustained to file their claim. This does not mean the lawsuit must be complete by that date, but if the individual has not filed their lawsuit before the statute of limitations expires, they will be barred from filing and will not be able to receive compensation. An attorney may be able to assist with determining when the individual should stop negotiating with big insurance and file a lawsuit.
Be Prepared for a Possible Trial
Even during good-faith negotiations, injured individuals should be prepared for the possibility of a trial. While many people can ultimately come to an agreement and receive a settlement, this is not always the case, especially when dealing with brain injuries. The diversity in symptoms, severity, and other factors in these injuries creates very complex claims that are not easy to settle. Individuals are not required to hire an attorney to represent them in Delaware, but an attorney may be able to offer valuable advice in preparing for the possibility of a trial, as well as guidance on when to file a lawsuit and assistance in navigating the legal process.
Remember Big Insurance Is Profit-Driven and Not On Your Side
Despite emotional commercials that tug at consumers’ hearts and claim that big insurance companies are there for their customers, big insurance is profit-driven. They are not on the side of those who file claims, whether the person filing the claim is their customer or someone injured by their customer’s negligence. This is important to remember, as claims adjusters may also try to pretend they are the individual’s friend in the hope that the individual will slip and say something that can be used against them later.
How a Delaware Personal Injury Attorney Can Assist You
Brain injuries are complex and expensive. Big insurance wants to make a profit and does not want to pay a penny more than necessary. At Zavodnick & Lasky, our Delaware personal injury attorney may be able to assist you in gathering the evidence you will need to prove the severity of your injury and any permanent impairments resulting from it, dealing with the paperwork and deadlines the insurance company will impose, negotiating for a fair and just settlement, and if necessary, filing a lawsuit and representing you in court. Call (215) 774-6467 to schedule a consultation in our Delaware office and learn more about the tactics insurance companies use and your legal options for protecting your rights.
