How Do You Prove TBI?
Proving a traumatic brain injury (TBI) in court involves your medical records, your testimony, and the testimony of medical experts. Your attorney must also prove that the TBI occurred due to the actions or inactions of another party.
A TBI almost always involves a blow to the head. Motor vehicle accidents, slip and falls, assault, or bullet wounds are common causes of TBI.
A Los Angeles traumatic brain injury lawyer at Ellis Injury Law knows what is necessary to prove a TBI to an insurance company or jury. After a TBI, your life changes drastically. We will hold those responsible for your TBI accountable and help you receive the compensation you deserve.
Imaging tests reveal the damage caused by the TBI. The following tests can prove a TBI:
- Computerized tomography scans –This image shows swelling or bleeding in the brain. A skull fracture will also appear in a CT scan.
- Magnetic resonance imaging –MRIs provide even more detail than a CT scan. Newer and more powerful MRIs can detect damage older versions could not, such as microscopic tearing of blood vessels. A functional MRI, taken when the patient performs different tasks requiring thinking, shows which parts of the brain are functioning properly and which are not.
- Intracranial pressure monitoring –A probe inserted into the skull assesses brain swelling.
- PET scans –This image can delineate areas not receiving oxygen due to brain cell damage.
Medical records include TBI diagnosis, symptoms, treatment, and prognosis. TBIs are rated according to their injury levels. These levels are minor, moderate, or severe. Those with severe TBIs often do not make a full recovery.
The accident victim’s testimony is essential in proving a TBI unless the severity is such that they cannot comprehend the questions asked or speak. The victim will describe the accident, how the TBI has affected their life, and the limitations they now face because of the injury.
Neurologists and other medical experts will testify about the victim’s cognitive abilities and level of functioning based on standard tests. A speech pathologist will testify about the victim’s ability to communicate and how the TBI has affected both language skills and reading and writing. A psychiatrist will testify about how the TBI has affected the victim’s mental and emotional state.
A traumatic brain injury attorney finds the top experts in their fields to examine clients and testify about their condition.
Medical experts are far from the only witnesses. Some of the most effective witnesses are laypeople –friends, family, and colleagues of the victim –who can testify about the changes in the victim’s life since the accident.
Contact a Los Angeles traumatic brain injury lawyer
If you or a loved one suffered a TBI because of another party’s negligence, recklessness, or deliberate actions, you need the services of the experienced Los Angeles accident lawyers at Ellis Injury Law. We offer free consultations. Schedule one today by calling or texting 24/7 or submit our online form.
Because all work is done on a contingency basis, you pay no fee unless you receive compensation.