If you or your loved one has suffered a traumatic brain injury (TBI) and are considering taking legal action, it is essential to know how to prove the injury in court. Proving a TBI can be difficult, as many of these injuries are not visible and can manifest in ways that are hard to measure. However, with some preparation and research into the legal process, it is possible to prove your case and receive the compensation you deserve.
Kash Legal has experience helping TBI victims file civil lawsuits against the responsible party to recover compensation for injuries, lost work time, medical bills, and, in some cases, punitive damages. This compensation can help victims recover and pay unexpected expenses related to what happened. While every case is unique, there are some general steps personal injury lawyers may take to help prove your TBI in court.
Medical Documentation, Testimony, and Cognitive Testing
The first step in proving a TBI is gathering evidence for your case. Medical records such as CT scans, MRI scans, and other imaging tests can show physical damage from an injury. Your lawyer will look for medical records from before your accident to show your health status before the injury, when you were first diagnosed, and more recent medical records to show that you are still injured.
Also, statements from medical professionals detailing their diagnosis of a TBI can be used as evidence as well. It is important to have witness testimonies from people who saw the incident or were present during any subsequent medical treatments. Family members and close friends may be able to testify about any physical, mental, or emotional changes they have observed since the injury occurred.
Another way of proving a TBI is through cognitive testing. Cognitive testing can help identify any changes in behavior or functioning due to the injury. Tests such as memory and concentration tests can provide insight into how the injury has impacted daily life, as well as provide evidence that could be presented in court if needed. Psychological assessments by mental health professionals may also help demonstrate how a TBI has affected someone’s life on an emotional level.
Documenting Symptoms Can Help Prove TBI
Documenting your symptoms after a traumatic brain injury can be very beneficial when it comes to presenting your personal injury case. Symptoms of a TBI can include headaches, confusion, lightheadedness, fatigue, memory loss, sleeping problems, dizziness, difficulty speaking and understanding language, and coordination issues. Documenting the severity and frequency of these symptoms can provide valuable evidence in your case.
It is important to be as detailed as possible when documenting your symptoms. Make sure you record the date and time of each symptom or episode so that you have an accurate record of what happened on any given day. You can also track how long it took for the symptoms to resolve and any treatments or medications used to help relieve them. It is also helpful to note any activities that may have triggered the onset of symptoms, such as a loud noise or physical activity.
Contact a California Traumatic Brain Injury Lawyer
Seeking out experienced representation is essential when attempting to prove a traumatic brain injury in court. An attorney with expertise in this area will understand what kind of evidence needs to be gathered for these types of cases and know how best to present this information effectively so that it will be taken seriously by judges and juries alike.
If you are looking for an excellent personal injury lawyer in the California area, consider working with Kash Legal. We have experience helping TBI victims recover compensation for their injuries. While no amount of money can completely make up for what happened, it can help to pay for the services you need or what you have lost. Call us at (888) 527-4128 or fill out our contact form to arrange a free consultation.
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