But don't fall prey to the insurance adjuster who shows up within days of the injury, with the seemingly generous offer of taking care of the medical bills. Insurance adjusters are not to be trusted. Never sign anything without talking to an experienced brain injury attorney first . I n most situations, urgent and critical care must be provided to the survivor regardless of ability to pay, and medical insurance and medical assistance are there as primary sources of payment of medical bills. O ne common mistake that is made with brain injuries that do not involve coma, is that people, including inexperienced plaintiff counsel, are fooled into thinking that because the short term medical bills are not substantial, that the damages are not either.
Insurance adjusters like to multiply medical bills in valuing a case.
Never do this, or let your lawyer do it, in a brain injury case. There is no relationship between the size of the medical bills and the extent of the disability and damages in a brain injury case. V ocational L oss. We use the term loss of earning capacity in rather than the term lost wages. A plaintiff is clearly entitled to all of his or her lost earnings, as an element of damages.