If you or someone you love has suffered a traumatic brain injury as a result of an accident or the reckless, careless behavior of someone else, you may have a viable personal injury claim. If your brain injury was caused by someone’s bad driving, a defective product, or medical malpractice, you should retain a personal injury attorney with experience in these types of claims. You may be entitled to monetary compensation (damages) for the losses you’ve suffered including time away from work, medical bills, and future costs associated with your TBI (traumatic brain injury).
According to the Centers for Disease Control and Prevention (CDC), over 1.5 million people experience a traumatic brain injury annually in the United States. While some mild concussions may have little or no lasting impact, most injuries of this sort have lasting effects that can range from headaches and dizziness to serious long-term disability. In fact, there are over 5.3 million Americans living with serious, permanent disabilities resulting from traumatic brain injuries. Many of these injuries have been caused by another person’s or entity’s careless or reckless behavior, and many of these millions of TBI’s could have been prevented.
How Brain Injuries are Proven in Court
Attorneys who represent clients with complex brain injury cases have their work cut out for them. The medical knowledge necessary to prove a traumatic brain injury in court is vast, and your legal team must work closely with medical professionals to understand the imaging test results that will be explained to prove your case.
Important new brain imaging techniques now provide assistance to attorneys to prove that their client sustained a traumatic brain injury. These new tests show how the brain is functioning rather than how it looks; MRI (magnetic resonance imaging) and CT (computerized tomography) scans do not show how the brain is functioning. CT scans and MRI’s merely present a picture of the brain. One of the newest brain imaging scans, which is more powerful and revealing than an MRI is the TESLA 3 MRI study. These machines are twice as powerful as the MRI version used in most hospitals today. This new and more powerful MRI equipment is able to detect structural damage that previously could not be seen by other brain imaging scans.
Other Strategies to Prove TBI
In addition to advanced imaging results, personal injury lawyers use other strategies to prove TBI, and one such strategy is the testimony of witnesses to discuss the plaintiff’s “before and after” behavior. Often the biggest symptom of a traumatic brain injury is a change in behavior or ability. While you may not have lost all ability to do certain skills, you may have increased difficulty with tasks. Employers, family, friends and other people in your life can testify to the changes after the accident.
Psychological testing and analysis is also used to prove TBI. There are tests and other analyses that psychologists can do to better analyze the lasting emotional and mental damages of the injury beyond just the physical. They can testify to emotional loss, pain and suffering, and impaired mental functioning.
Accident reconstruction experts evaluate liability and prove fault in car accident cases. Other medical professionals and forensic economists may help prove damages to assist in the decisions regarding what the monetary award should be the plaintiff’s traumatic brain injury. It’s not just your lawyer’s job to prove you suffered a TBI; he or she needs to be able to show its impact on your life.
Please contact the attorneys at Sheridan & Rund, PC today to schedule a no-cost consultation. We will evaluate the details of your TBI and give you our recommendation on whether or not to proceed with a claim.