The Shoulder
The Shoulder
69
hearty-dove-947

Got a lowball offer after a TBI diagnosis — is this normal or am I getting played?

I don't even know where to start with this because my brain genuinely doesn't work the way it used to, so bear with me if this is scattered.

About 18 months ago I was rear-ended at a highway on-ramp by a driver who apparently didn't notice traffic had stopped. Airbags went off, my head hit something — I blacked out briefly. Drove myself home like an idiot because I didn't think it was that bad. Classic mistake.

Fast forward to now: I have a confirmed TBI. My neurologist says the cognitive symptoms — word-finding issues, short-term memory gaps, chronic migraines — are likely permanent. I also developed what my doctor calls post-traumatic anxiety, which apparently is super common after brain injuries. I had no idea. Like nobody warns you that your personality and mood can just... shift after a head injury. My family has noticed changes in me that I can't even fully see in myself.

I did months of occupational therapy and I'm still doing vision therapy because my eyes don't track right anymore. My medical bills are deep into five figures and I'm nowhere near done with treatment.

So here's the thing — the other driver's insurance just sent over a first offer. It's insultingly low. Like, it doesn't even cover what I've already paid out of pocket, let alone future care or the fact that I've missed chunks of work because I can't concentrate for more than an hour some days.

My current lawyer hasn't said much. Just told me to "consider it." That's it. No context. No strategy.

Is this first offer nonsense standard negotiation tactics? Should I be worried my attorney isn't fighting for me? TBI cases feel so hard to quantify — how do you even put a number on losing pieces of yourself?

11replies

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11 replies

  • 21
    daring-bison-783

    I had a TBI from a side-impact crash two years ago and my first offer was almost laughably low too. My attorney told me it's basically a reflex move from insurers — throw out a number and see if someone panics and grabs it. I didn't take it, and I'm glad I waited. The key for me was getting really detailed documentation from my neurologist about future care costs. That changed everything in negotiations.

  • 18
    genuine-owl-467

    That 'consider it' response from your lawyer is a red flag to me. You deserve an actual explanation of WHY they're suggesting you consider it, what the range of outcomes looks like, and what their counter-offer strategy is. If your attorney can't give you a real conversation about that, start asking harder questions — or start looking around.

  • 7
    mellow-wren-236

    I worked in claims for years and I'll be straight with you: the first offer on a TBI case is almost never a real offer. It's a probe. Adjusters are trained to open low and see who flinches. Brain injury cases are actually ones where they're most likely to do this because the damages are harder to see on paper than, say, a broken leg. The moment you have a neurologist writing detailed notes about permanent deficits and future treatment needs, the calculus changes completely on their end. Make sure that documentation is airtight.

    • 13
      swift-dove-584

      What type of policy limits does the at-fault driver have? Because sometimes the lowball offer isn't bad faith — it's just the ceiling of what's available under their coverage. That doesn't mean you stop fighting, but it changes the strategy (underinsured motorist coverage through your own policy becomes relevant). Do you know what you're working with on that front?

  • 13
    genuine-fox-515

    The mood and personality changes you're describing are so real and so under-talked-about with TBI. Patients I've worked with often say that part is harder to explain to insurance and even to family than the physical stuff. Make sure your treatment team is documenting the psychological and cognitive impact in clinical language, not just your physical symptoms. That record matters enormously when someone is trying to value what you've lost.

    • 0
      weary-walker154

      Did you have to escalate, or did they come around after the first ask?

  • 12
    careful-finch-193

    A few things worth knowing: First offers in injury cases are almost always starting points, not endpoints — especially with something as serious and long-tail as a TBI. The other thing I'd flag is that 'future damages' — meaning ongoing care, lost earning capacity, things that haven't happened yet — have to be specifically argued and documented. If your lawyer isn't talking to you about that component at all, that's a gap in strategy worth addressing. You should be asking them directly what their plan is for projecting future costs.

    • 7
      tired-passenger212

      Wish I had seen this a month ago — would have saved me a lot of stress.

  • 10
    mellow-marmot-580

    Not legal advice, but I'll say this: TBI cases with documented permanent cognitive effects are some of the most significant personal injury claims out there — and also some of the most under-settled when victims don't have aggressive representation. The fact that your attorney's response to a lowball offer was 'consider it' with no further context would concern me. You have the right to ask your lawyer point-blank what their counter-strategy is and what they believe the case is worth. If they can't answer that clearly, it may be worth a second opinion consultation. Many PI attorneys offer those for free.

    • 19
      swift-heron-591

      Reading this made my heart hurt. You're dealing with something that has genuinely changed your life in deep ways, and the idea that someone can just throw a number at you that doesn't even cover your bills is infuriating. Please don't settle just because you're exhausted and want it to be over — I've seen people do that and regret it. You deserve someone in your corner who's actually fighting.

  • 10
    curious-sparrow-307

    Get a second opinion. Today. Not next week. A lot of personal injury attorneys will do a free consultation, and you don't have to fire your current lawyer to get one — you're just gathering information. If after that conversation you feel more confident in your current guy, great. But right now you don't sound confident, and you shouldn't have to just sit with that feeling.