From Injury to Evidence: Guide to Proving Traumatic Brain Injury
In personal injury cases, one of the most challenging and complex injuries to prove is a traumatic brain injury (TBI). Traumatic brain injuries can have long-lasting and life-altering effects on accident victims, impacting their physical, cognitive, and emotional well-being. Establishing the existence and severity of a TBI is crucial for securing fair compensation.
Proving traumatic brain injury requires a comprehensive approach that combines medical evidence, expert opinions, and legal strategies. This process involves gathering and presenting compelling evidence to demonstrate the presence, cause, and consequences of the TBI. By effectively proving the extent of the injury, accident victims can strengthen their personal injury claim and increase their chances of receiving maximum compensation.
In this guide, we will explore the key elements involved in how to prove a traumatic brain injury in a personal injury claim.
Were you diagnosed with traumatic brain injury due to an accident?
What is a TBI, and What Qualifies as a TBI?
The Mayo Clinic defines a traumatic brain injury (TBI) as a condition that results from a violent blow or jolt to the head or body. It can result from a variety of incidents, such as car accidents, pedestrian accidents, falls, sports injuries, assaults, or workplace accidents.
A TBI can have a wide range of effects on a person’s physical, cognitive, emotional, and behavioral functioning.
To qualify as a traumatic brain injury, the injury must meet certain criteria:
- External Force – This force can be a direct blow to the head or an indirect impact that causes the brain to collide with the inside of the skull.
- Alteration of Brain Function – This can manifest in various ways, including loss of consciousness, confusion, memory problems, changes in behavior or personality, difficulties with coordination or balance, sensory impairments, or cognitive deficits.
- Severity – This type of injury can range in severity from mild to severe. The severity of a TBI is typically determined by the Glasgow Coma Scale (GCS), which assesses a person’s level of consciousness and responsiveness. Mild TBIs, also known as concussions, may involve a brief loss of consciousness or a period of confusion. While severe TBIs often result in a prolonged loss of consciousness and more profound neurological deficits.
The symptoms and effects of a TBI can vary widely depending on the individual and the specific circumstances of the injury. Some symptoms may appear immediately after the injury, while others may develop or worsen over time.
Common Symptoms of a TBI
Symptoms of a traumatic brain injury (TBI) can vary depending on the severity of the injury and the specific areas of the brain affected. Here are some common symptoms associated with TBIs:
- Headaches or migraines
- Dizziness or loss of balance
- Nausea or vomiting
- Sensitivity to light or noise
- Fatigue or drowsiness
- Blurred vision or ringing in the ears
- Confusion or disorientation
- Loss of memory
- Difficulty concentrating
- Slurred speech
- Mood swings or irritability
- Anxiety or depression
- Agitation or restlessness
- Personality changes
- Sensory processing difficulties
- Blurred or double vision
Evidence Used in Proving Traumatic Brain Injury
When proving traumatic brain injury in a personal injury claim, various types of evidence can be used to support the case. Here are some common forms of evidence used to establish a TBI:
Medical records
Medical records play a central role in documenting the occurrence and severity of a TBI. These records may include emergency department visits, hospitalization records, physician notes, diagnostic test results (such as CT scans or MRIs), and neurologist or neuropsychological tests. These records and imaging tests provide objective evidence of the TBI diagnosis, treatment received, and ongoing medical care.
Medical expert opinions
Expert witnesses, such as neurologists, neurosurgeons, or neuropsychologists, can provide professional opinions on the existence and impact of a TBI. These experts review medical test records, conduct specialized assessments, and provide an analysis of the individual’s cognitive conditions, physical symptoms, and emotional functioning. Their testimony can help establish the cause and extent of the TBI and link it to the accident or incident in question.
Accident reports and witness statements
Accident reports, such as police reports or incident reports, can provide valuable documentation of the circumstances surrounding the accident that caused the TBI.
Witness statements, including those from individuals who observed the accident or interacted with the injured party before and after the incident, can also contribute to the evidence. Eyewitness testimony can help establish the occurrence of a head injury and its potential impact on the victim.
Rehabilitation and treatment records
TBI often requires ongoing rehabilitation and medical treatment, such as physical therapy, occupational therapy, speech therapy, or counseling.
Records of these treatments and therapies can demonstrate the long-term symptoms and effects of the TBI on the individual’s functioning, progress made during rehabilitation, and the need for ongoing care. These records can support the claim for compensation by highlighting the ongoing medical expenses and the impact on the victim’s quality of life.
Functional assessments
Functional assessments, conducted by healthcare professionals specializing in TBI, evaluate the individual’s physical symptoms, cognitive abilities, and emotional symptoms.
These assessments may include tests to assess memory, attention, problem-solving skills, communication skills, and overall functional capacity. The results of these assessments provide objective measures of the individual’s limitations and impairments caused by the TBI.
Testimony from the injured party and caregivers
The injured party’s own testimony, as well as that of family members, friends, or caregivers, can provide subjective accounts of the impact of the TBI on daily life, emotional well-being, and relationships. Their testimony can help convey the pain, suffering, and loss experienced by the victim as a result of brain damage.
Recoverable Damages in a TBI Lawsuit
If you or a loved one have been injured in an accident that caused a TBI, you may be eligible to file a brain injury lawsuit against the at-fault party. The specific recoverable damages depend on the jurisdiction and the circumstances of the case. Here are some common types of damages that may be pursued in a TBI claim:
- Medical expenses – This includes the cost of past and future medical treatment, medical providers, medication, and other healthcare expenses.
- Lost wages and earning capacity – If the head injury prevents the accident victim from working, they may be entitled to compensation for the income they lost during their recovery period. Additionally, if severe injuries result in a long-term or permanent reduction in earning capacity, the victim may seek damages to account for the impact on their future income and career prospects.
- Pain and suffering – These damages compensate for the physical pain, mental anguish, emotional distress, and diminished quality of life experienced by the victim as a result of the TBI.
- Loss of consortium – If the TBI has a significant impact on the plaintiff’s relationship with their spouse or family members, they may seek damages for the loss of companionship, affection, and support suffered by their loved ones.
- Punitive damages – In certain cases where the defendant’s actions were particularly egregious or malicious, the court may award punitive damages. These are intended to punish the defendant and deter similar behavior in the future.
Hire an Award-Winning Personal Injury Lawyer Today!
Proving traumatic brain injury in a personal injury claim is complex. Having an experienced personal injury attorney by your side gives you the advantage.
Farahi Law Firm is dedicated to recovering the maximum compensation possible for our client’s cases. We will not charge any fees until we win.
Contact us at (844) 824-2955 for a free case consultation. We are available 24/7!
