Insurance companies know brain injuries are hard to see on paper. They use that to pay you less. Tim Gilbert spent years on their side, now he uses that knowledge to hold them accountable.
Every TBI is Different
Every Case Should be Too
Traumatic brain injuries range from concussions with lingering symptoms to catastrophic damage that changes a person’s life permanently. What they share: insurance companies routinely look for ways to minimize them. The Gilbert Firm handles the full spectrum.
Mild TBI
Concussion & Post-Concussion Syndrome
A “mild” diagnosis does not mean mild consequences. Persistent headaches, cognitive fog, light sensitivity, and mood changes can derail careers and relationships for months or years.
Moderate TBI
Contusion & Diffuse Axonal Injury
Bruising of brain tissue or widespread shearing of nerve fibers can cause lasting deficits in memory, executive function, and motor control, often with little visible trauma at the scene.
Severe TBI
Hemorrhage, Edema & Skull Fracture
Bleeding within the brain, dangerous swelling, or structural fracture demands emergency intervention and typically results in long-term or permanent impairment requiring lifetime care.
Acquired
Hypoxic & Anoxic Brain Injury
When oxygen supply to the brain is disrupted — through near-drowning, surgical error, or cardiac event — the resulting injury can be as severe as any physical trauma.
Penetrating
Open Head Injury
Caused by projectile objects or debris, penetrating injuries often require surgical intervention and carry complex prognoses that require experienced medical and legal coordination.
Common Causes
How TBIs Happen
Car and truck crashes. Falls. Construction accidents. Sports collisions. Medical negligence. Regardless of cause, if someone else’s negligence was a factor, you may have a claim.
The Other Side's Playbook
What Insurance Companies Do When They See a TBI Claim
Before founding The Gilbert Firm, Tim Gilbert defended insurance companies and their clients. He met with their adjusters, learned their strategies, and saw exactly how they reduce payouts on serious injury claims, especially brain injuries, which they know are hard for juries to see and understand.
That experience is now your advantage.
- Challenging the mechanism of injury. Insurance Companies argue the impact wasn't severe enough to cause a brain injury, even when the evidence tells a different story.
- Using delayed symptom onset against you. TBI symptoms often worsen days or weeks after injury. Insurers point to gap in treatment as evidence the injury isn't real.
- Disputing "invisible" imaging results. When MRIs and CT scans appear normal, insurers claim the injury isn't serious, ignoring well-established science on functional impairment.
- Lowballing future care needs. The long-term cost of a serious TBI: therapy, lost earning capacity, and in-home care is routinely undervalued in early settlement offers.
- Rushing a settlement before the full picture is clear. Early offers attempt to close claims before the true scope of injury and future costs are fully understood.
What We Fight For
Full Compensation Means More Than Medical Bills
A brain injury claim that accounts only for emergency treatment leaves most of what you’ve lost on the table. We build cases that document everything.
Past & Future Medical Expenses
Emergency care, imaging, neurology, neuropsychological testing, physical and cognitive therapy, and any future treatment anticipated based on your diagnosis and trajectory.
Pain, Suffering & Emotional Distress
Chronic headaches, anxiety, depression, cognitive frustration, and loss of enjoyment of life are real damages that juries take seriously when they’re properly documented and presented.
In-Home & Long-Term Care Costs
If your injury requires ongoing assistance — now or in the future — those costs belong in the settlement. We work with life-care planners to quantify them accurately.
Lost Wages & Earning Capacity
Income lost while recovering, plus reduced lifetime earning capacity if the injury affects your ability to work in your field.
Loss of Consortium
A serious brain injury doesn’t only affect the person who was hurt. Tennessee law recognizes the impact on a spouse or family, and those damages are part of the full picture.
Punitive Damages
Where the conduct was reckless or malicious — a drunk driver, a company that ignored known dangers — Tennessee law allows additional damages to punish wrongdoing and deter future harm.
The Gilbert Firm Difference
An Advantage
Built From the Inside Out
Most personal injury attorneys have never seen a claim from the defense side. Tim Gilbert spent years there. That perspective changes how a case is built, argued, and valued.
01
Former Insurance Defense Attorney
Tim spent years representing insurance companies in personal injury claims. He knows how adjusters evaluate claims, which arguments reduce verdicts, and how early settlement tactics are designed to limit exposure. That knowledge now works against them.
02
Former Prosecutor — Trial-Tested
Courtroom credibility isn’t built in a conference room. Tim’s background as a prosecutor means he has stood before juries, made arguments under pressure, and knows how to present complex evidence in a way that resonates with real people.
03
Direct Access. No Handoffs.
At The Gilbert Firm, you work with Tim directly. Your case will not be handed to a paralegal after the intake call. When your case matters this much, you deserve the attorney’s attention, not a case manager’s updates.
04
You Owe Nothing Unless We Win
Brain injury cases can take time to build correctly. We advance all costs of litigation and take no fee unless we recover compensation for you. A serious injury is already an enormous burden. Legal fees shouldn’t add to it.
What to Expect
How We Handle Your Case, Start to Finish
Step One
Free Consultation
We review what happened, assess the potential claim, and answer your questions with no obligation and no fee.
Step Two
Investigation & Evidence Preservation
We move quickly to secure accident reports, surveillance footage, medical records, and expert opinions before they’re lost or overwritten.
Step Three
Demand & Negotiation
Once your medical picture is complete, we present a fully documented demand to the insurer, built to withstand their objections and pressure.
Step Four
Litigation
If the insurance company refuses to make a fair settlement, we are fully prepared to file a lawsuit in the appropriate Tennessee Court. From there, we will walk you through each part of the process.
Step Five
Trial, if Necessary
Most cases resolve before trial. But we prepare every case, from day one, as if it will be tried.
Free Case Evaluation - No Fee Unless We Win
Your First Step Costs You
Nothing
If you or someone you love has suffered a brain injury, the decisions you make in the coming days matter. Let’s talk through what happened and what your options are.