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

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.

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.

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.

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.

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.

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.

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.