Medical Evidence Needed To Prove a Traumatic Brain Injury
A TBI claim rests largely on medical evidence proving the injury occurred. You will need to demonstrate the impact of the TBI on your brain. This can be done through medical records, including brain imaging and an examination by neurological specialists.
Imaging Tests
Various imaging scans help doctors visually identify brain damage as it appears in imaging. The two primary imaging scan types to detect TBIs are CT scans, which detect bleeding or bruised brain tissue, and MRI scans, which provide detailed images of brain structures and the nervous system.
Glasgow Coma Scale
The Glasgow Coma Scale, or GCS, is an assessment tool that medical professionals use to assess the level of consciousness after an injury. GCS scores patients in areas including the ability to speak, eye-opening responses, and fine and gross movement and motor control. Your GCS results can be key to proving the injury’s immediate impact and your state shortly after experiencing it.
Neurological and Cognitive Tests
Cognitive assessments are critical for proving the neurological and cognitive impairment that you experience from your TBI. Assessments of skills such as memory, problem-solving, speech, and motor function help doctors determine how your brain function has changed following the accident, which is also a major part of constructing your case.
Documenting Symptoms and Daily Life Impact
Medical evidence from doctors isn’t the only way to demonstrate the TBI symptoms you experience. Personal documentation and testimony are extremely helpful in supplementing medical records and proving the extent to which your daily life has changed from your accident.
Keeping a Symptom Journal
Keeping a symptom journal is useful for documenting TBI symptoms such as headaches, dizziness, and emotional changes. Writing down symptoms as they occur helps you remember them later, particularly if you’re experiencing new memory challenges.
Witness Testimony
Witness testimony in car accident TBI cases doesn’t just come from those who were at the scene. Observations from your family, friends, and coworkers can document your symptoms as they occur and highlight behavioral changes they’ve noticed. These observable changes can include:
- Difficulty remembering things
- Personality or mood changes
- Struggles with routine tasks
Daily Life Adjustments
TBIs have a powerful impact on victims’ daily lives. People who have suffered TBIs tend to report problems such as:
- Work-related challenges, such as difficulty remembering or completing tasks
- Relationship struggles caused by new caretaking needs or personality changes
- Adjustments to routine activities, which often require significantly more effort after a TBI
Expert Testimony To Support Your Claim
Expert analysis is key to proving the existence and severity of your TBI in court. There are many types of experts your lawyer may consult when representing you for a TBI caused by a car crash. These experts provide specialized information and can explain their findings so that all involved parties can better understand the facts.
Medical Experts
Neurologists and neuropsychologists are among the most important parts of any case regarding TBIs. Their impressions of your injuries provide credibility and scientifically backed evidence in your case.
Countering Insurance Arguments
Expert testimony is particularly helpful in refuting insurers’ claims that your TBI was minor or unrelated to the accident. Experts can demonstrate the major trauma you suffered, the potential long-term impact on your brain, and the ways an accident could have directly caused your injuries.
Proving a TBI After a Car Accident
Car accidents are one of the leading causes of traumatic brain injuries. It’s important to gather as much evidence as you can in the wake of an accident to build a strong case and prove the link between the accident and your injury.
Importance of the Accident Report
A police or accident report filed after the crash is uniquely important for documenting what occurred. We can also request further information from the police department, including records such as:
- Police observations of the incident at the scene
- Witness testimonies
- Dashcam or body cam footage from law enforcement
- Forensic evidence of the crash
All of these details can clearly establish the head trauma you experienced during the accident and the cause of the injury. Police and witness observations about the severity of the crash and how you appeared afterward can be hard to collect later on and are most reliable when documented immediately after the accident. Always file a police report either at the scene or as soon as possible after you’ve been in an accident.
Seeking Immediate Medical Attention
Always seek immediate medical attention after an accident. A clear treatment timeline beginning right after the accident occurred can link your symptoms to the accident, making it more difficult for insurers to claim your injury was caused by something else. Be sure to tell the doctor all your symptoms, including if you hit your head or lost consciousness.
Evidence of Impact
Having evidence of the impact you suffered during your collision is crucial in proving the severity of your TBI. It’s important to collect as many forms of impact evidence as you can, including:
- Photos of vehicle damage
- Medical reports
- Eyewitness accounts
How an Attorney Can Help Prove a TBI
TBI claims are complex, sensitive matters that greatly affect a person’s life. A knowledgeable attorney can handle your case with sensitivity, compassion, and skill. Cooper Hurley Injury Lawyers has a strong track record with TBI cases. Our attorneys know exactly how to represent you to protect your best interests during a delicate time, giving you time and space to recover from your injury.
Services an attorney will provide in your case include the following:
Gathering Essential Evidence
Collecting evidence such as medical records, expert testimony, and accident documentation is often difficult, and having a TBI makes it all the more challenging. Your attorney will handle building this part of the case for you, leaving you with more time to recover from your injuries.
Negotiating with Insurance Companies
Insurance companies commonly try to talk accident victims into accepting low settlements in exchange for quick turnaround times. As a result, many crash victims lose out on the compensation they deserve. An experienced personal injury attorney can push back against insurers and ensure the settlement you’re offered is the amount you deserve.
Cooper Hurley Injury Lawyers' Experience
The legal team at Cooper Hurley Injury Lawyers has extensive experience handling TBI claims. We created the TBI Toolkit to help TBI survivors understand their right to compensation after an accident. Injury law is our firm’s only practice field, and our focus on car, motorcycle, and truck accidents has earned us the title of Virginia’s Car Crash Experts.
We pride ourselves on providing individualized representation and outstanding customer service to every client we represent. If you’ve suffered a TBI in a car accident, Cooper Hurley can help you secure the compensation you deserve. Your injury is our fight.
Here’s what one satisfied client had to say about our representation:
"My son was injured in a car accident in Virginia Beach. He was hit by a red light runner and suffered a traumatic brain injury. It was a horrible accident, and the injury will affect him for the rest of his life. He wants me to say Cooper Hurley went above and beyond expectations. John Cooper was amazing. They are like a member of our family now, and we have already recommended Cooper Hurley Injury Lawyers to two people. Their staff is very friendly and professional and always had an answer when we wanted to get hold of them. I hope this never happens again, but they made coping with the process a lot easier."
Schedule Your Free Legal Consultation Today
Suffering a TBI is a life-altering event, and it’s hard to know how to pick up the pieces in the aftermath. You need a responsible, compassionate attorney on your side who understands what you’re going through and can ensure your best interests are protected.
At Cooper Hurley, our award-winning lawyers put clients first in everything we do. We’ve recovered millions of dollars in settlements and verdicts for our clients and are ready to fight for you.
Call (757) 333-3333 or contact us online today for your free legal consultation.
