Is it Difficult to Prove a TBI in a Personal Injury Legal Case?
Traumatic brain injury (TBI) is among the leading causes of disability and death in the U.S. Hundreds of thousands of people also become hospitalized for TBI-related injuries yearly. Moderate to severe TBIs can cause a lifetime of cognitive, physical, behavioral, and emotional changes that will negatively impact your ability to perform even the simplest tasks.
Likewise, despite hospitalization and rehabilitative services, approximately 50% of individuals with TBI may experience a further decline in their quality of life or die within five years of getting injured. Their life expectancy is also about nine years shorter. In addition, a TBI raises the risk of death due to certain causes, such as:
- Seizures
- Drug Poisoning
- Infections
- Pneumonia
If you or a loved one suffered a TBI due to another’s negligent actions, you’re entitled to bring legal action against the party liable for your injuries. However, it may be difficult to prove a TBI in some cases.
Why a TBI Can Be Difficult to Prove
Major TBI cases are immediately obvious because they come with distinct effects on the injured person’s personality and can cause, in most instances, severe disabilities. On the other hand, some TBIs are inherently subtler, which makes them harder to detect and prove in a personal injury case.
Injured people may not notice immediate effects, only to experience TBI-related symptoms, such as memory loss, confusion, and disorientation, in the coming days, weeks, or months. But by then, some people may have already settled their insurance claims and would be unable to pursue any more compensation.
Although proving TBIs and other invisible injuries can be difficult, it’s certainly possible. Such injuries are usually provable with the proper combination of evidence, such as:
- Brain diagrams, mapping, and computer simulations
- Medical images from x-rays, MRI scans, or CT scans
- Intracranial pressure monitoring to prove brain swelling
- Diagnostic testing to determine the person’s cognitive function, mental function, motor skills, speech control, physical function, and information processing skills
- Expert witness statements from medical experts such as neurologists, neuropsychologists, rehabilitation physicians, psychiatrists, and psychologists
- Lay witness statements from family and friends who can attest to how the TBI has affected the person’s life
Reach Out to a Sarasota Traumatic Brain Injury Lawyer Today
Traumatic brain injuries, like other kinds of injuries in personal injury cases, can be difficult to prove and usually require expert testimonies and solid evidence to prove fault and liability for the injury. If you or a family member has suffered a TBI, you must discuss your case with an experienced Sarasota traumatic brain injury lawyer as soon as possible.
Having the legal guidance of a lawyer who has extensive experience in personal injury claims involving TBI will help ensure that you obtain the right number of damages to make certain that all your traumatic brain injury-related losses will be fully covered. To find out more about your case and legal options, dial 941-877-5800 or complete our online form to schedule a free case evaluation with our Sarasota traumatic brain injury lawyer.