A traumatic brain injury (TBI) can be life-changing. Whether it results from a car accident, slip-and-fall, or workplace incident, the effects of a TBI can be severe, affecting cognitive functions, memory, and the ability to perform everyday tasks. Proving a traumatic brain injury in a personal injury claim is crucial to securing fair compensation for medical expenses, lost wages, and pain and suffering.

Unlike other types of injuries, TBIs are not always visible. A person might not show any outward signs of injury, but the brain damage can be profound. As a result, proving a TBI in a personal injury case can be complex. Here’s an overview of how to demonstrate the presence and impact of a traumatic brain injury in your claim.

Understanding Traumatic Brain Injury

A traumatic brain injury occurs when an external force causes damage to the brain. This can happen in several ways, such as through a blow to the head, a violent jolt, or even a penetrating injury. TBIs can range from mild concussions to more severe brain injuries that lead to long-term impairment or even death. Common symptoms of TBI include headaches, dizziness, memory problems, mood changes, and difficulty concentrating.

However, TBIs are not always easy to diagnose because their symptoms might not be immediately apparent. This is one of the reasons why proving a TBI in a personal injury case can be challenging.

The Importance of Medical Documentation

The first step in proving a TBI is obtaining proper medical documentation. When you suffer a head injury, you should seek immediate medical attention. Even if you don’t feel immediate symptoms, it’s important to be evaluated by a doctor. Delayed onset of symptoms is common with traumatic brain injuries, and failing to get medical attention can make it difficult to prove the extent of your injury later.

Medical professionals will perform a thorough evaluation and may order imaging tests like CT scans or MRIs. These tests are often crucial in identifying physical damage to the brain. They can show signs of swelling, bleeding, or structural damage. In addition to diagnostic tests, medical records documenting your symptoms and treatment history will be essential evidence in your claim.

Seeking Expert Opinions

Because TBIs can affect people differently and their symptoms may not be immediately obvious, expert testimony can play a significant role in proving your case. Medical experts, such as neurologists or neuropsychologists, can provide an in-depth evaluation of your injury and its long-term effects.

A neurologist will assess the physical damage to the brain through tests and medical imaging. If necessary, a neuropsychologist may conduct cognitive testing to measure how the injury has affected your ability to think, remember, and make decisions. This expert testimony helps establish the severity of your injury and its impact on your daily life, which is crucial for determining the value of your claim.

Gathering Witness Testimony

Witnesses to the accident or individuals who can testify about your condition before and after the injury can be valuable in proving your case. This can include family members, coworkers, friends, or others who have observed changes in your behavior, memory, or cognitive abilities. Their statements can support your claim that the brain injury has caused significant disruption in your life.

In addition, witnesses who can speak to the conditions surrounding the accident—such as those who were present at a car crash or workplace injury—can also provide important context. They may help to establish how the injury occurred and whether the other party’s actions were responsible.

Demonstrating Cognitive and Behavioral Changes

One of the most challenging aspects of proving a TBI is demonstrating the long-term cognitive and behavioral changes that often follow the injury. A person with a TBI may experience difficulty focusing, forgetfulness, mood swings, or depression. These changes can be subtle at first but can escalate over time.

If you or a loved one has suffered a TBI, it’s important to document these changes thoroughly. Keeping a journal of your daily struggles can be helpful. Additionally, your doctor’s notes, medical records, and psychological evaluations can all serve as evidence to show how the injury has affected your mental and emotional well-being.

Using Diagnostic Tools

In addition to imaging tests like CT scans and MRIs, there are other diagnostic tools that can help prove a traumatic brain injury. One such tool is the Glasgow Coma Scale (GCS), which measures a person’s level of consciousness after a head injury. The GCS is commonly used in emergency rooms to assess the severity of brain injuries and can serve as a key piece of evidence in your claim.

Another important diagnostic tool is the neuropsychological evaluation. These tests are designed to measure a person’s cognitive function, including memory, attention, and problem-solving abilities. If a neuropsychological evaluation shows significant impairment after a traumatic brain injury, it can be used to support your case.

Establishing the Link Between the Accident and the Injury

To prove a traumatic brain injury in a personal injury claim, you must also establish a clear link between the accident and the injury. This can be difficult if there is any question about the cause of the TBI. For example, if the accident was a car crash, you’ll need to demonstrate how the impact caused the injury, whether through direct trauma to the head or a violent jolt to the body.

Documenting the accident scene, obtaining police reports, and gathering eyewitness testimony can help establish that the accident was the direct cause of the injury. Any available video footage or photographs can also provide compelling evidence in this regard.

Long-Term Effects and Future Costs

Traumatic brain injuries often have long-term consequences, which can significantly impact a person’s ability to work, engage in social activities, or care for themselves. If you have suffered a TBI, you will need to prove how it will affect your future life. This may include demonstrating that you will require ongoing medical treatment, therapy, or assistive devices.

Experts can estimate the future cost of medical treatment and lost wages, which will help establish the full extent of your damages. When making a claim, it’s important to factor in both your immediate and long-term needs.

Conclusion

Proving a traumatic brain injury in a personal injury claim is not always straightforward. The complexity of these injuries lies in the fact that they are often invisible, and their symptoms may not be immediately obvious. However, with the right documentation, expert opinions, and witness testimony, you can establish the presence and impact of a TBI.

If you or a loved one has suffered a traumatic brain injury in Pennsylvania, it’s crucial to seek experienced legal help to navigate the complexities of your case. At Kingbird Legal, we understand the challenges of proving a TBI and are here to help you fight for the compensation you deserve. Contact us today to schedule a consultation and take the first step toward securing the justice you need.