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How to Prove a TBI After a Crash

March is National Brain Injury Awareness Month, an opportunity to highlight the difficulties in proving traumatic brain injuries (TBIs) often caused by vehicle crashes. TBIs are complex medical conditions that can be challenging to substantiate, especially when it comes to insurance and legal claims.

In 2021, there were nearly 69,000 TBI-related deaths in the U.S. Many of these injuries are attributed to vehicle collisions.

Proving the extent of your traumatic brain injury (TBI) after a crash and its impact on your life is essential for securing the compensation you deserve. At Cofman Townsley, our Missouri traumatic brain injury lawyers understand these complex cases and can help you receive a fair settlement.

Why Is Proving a TBI Critical for Your Rights and Well-Being?

In a personal injury case, you must prove damages to receive compensation for medical bills, lost wages, and pain and suffering. Establishing proof of your TBI is essential for several reasons:

  • Medical Treatment: Proper documentation of your TBI ensures you receive appropriate and timely care. This includes immediate interventions to prevent secondary injuries, access to specialized rehabilitation programs, and ongoing neurological assessments.
  • Insurance Claims: Detailed documentation, such as medical records and neuroimaging results, supports insurance claims. These documents link your symptoms to the incident, helping you receive accurate compensation from the at-fault party.
  • Legal Proceedings: Proving your TBI in court can help you get fair damages from a judge or jury. Evidence such as medical expert testimony, detailed neurologist reports, and daily impact logs provide concrete proof of your injury’s severity.

Recognizing TBI Symptoms

Recognizing the symptoms of TBI is crucial, as they can often be subtle or delayed. Seek medical attention immediately if you experience any of the following after an accident where you hit your head:

  • Headaches: Persistent or worsening headaches that do not respond to typical treatments
  • Pupil Dilation: Noticeable enlargement of one or both pupils
  • Nausea and Vomiting: Frequent episodes, especially when recurring without other apparent causes
  • Seizures: Episodes of convulsions or seizures that may not have occurred before the injury
  • Memory Problems: Short-term memory loss or difficulty retaining new information
  • Sleep Disturbances: Difficulty waking up or maintaining normal sleep patterns
  • Slurred Speech: Changes in speech pattern, such as slurring, which may indicate brain damage
  • Weakness or Numbness: Loss of strength or sensation in limbs, particularly on one side of the body
  • Loss of Coordination: Difficulty with balance and coordination, affecting movement and agility
  • Behavioral Changes: Increased confusion, restlessness, or agitation, showing changes in normal behavior

How to Prove a TBI and Related Damages

Understanding how to prove a TBI and TBI-related damages is crucial for securing the compensation you deserve. The following steps outline the necessary actions and types of evidence required to effectively demonstrate the impact of your injury.

  • Immediate Medical Evaluation: Seek prompt medical care after an accident, regardless of how you feel. Request detailed neurological examinations and advanced imaging like CT or MRI scans to diagnose and document the extent of the brain injury accurately.
  • Symptom Documentation: Maintain a journal of all symptoms, including their frequency, intensity, and impact on daily activities. This detailed record can provide crucial evidence, especially for symptoms not immediately apparent in medical tests.
  • Medical Records: Compile and organize all medical records related to your TBI, including doctor’s visits, treatment plans, and hospital stays. These records provide a timeline and medical basis for your claims with insurers or the court.
  • Expert Testimony: Engage medical experts who specialize in neurology or neuropsychology to interpret your medical findings and testify about the severity and impact of your TBI. Their professional opinions can validate your claims and clarify complex medical information for the court.
  • Witness Statements: Collect statements from family, friends, or colleagues detailing changes in your behavior or abilities.
  • Neuropsychological Assessments: Undergo specialized testing to uncover cognitive deficits that standard medical exams might miss. These assessments are essential for proving mild TBIs, which may not appear on imaging scans.
  • Before and After Evidence: Collect evidence of your pre-injury life, such as work performance reviews or academic records, to highlight the contrast with your capabilities after the injury.
  • Financial Records: Maintain detailed records of all injury-related expenses, including medical bills, lost wages, and costs for assistive devices or home modifications.

Get Expert Legal Support for Your TBI Case

Proving a TBI after an accident is a complex process, but securing the care and compensation you deserve is worth it. At Cofman Townsley, our experienced traumatic brain injury lawyers can help you build a strong case.

Contact our law firm for a free case review, and let us fight for your recovery.