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As part of a lawsuit or insurance claim, how do you prove that a TBI (traumatic brain injury) occurred? As a plaintiff in a personal injury lawsuit, you have the burden of proving that you have a TBI, and you must prove that the other person caused it. This is how you receive compensation for your injury. There are several ways you can prove a head or brain injury –through medical tests, eyewitnesses to an accident, and expert testimony. If you’re a veteran seeking benefits for a military service-related head injury, you will need to show the TBI’s effects to the Veterans Administration.
A TBI is often caused by a violent blow to the head, though it can also be caused by a fall, car accident, or physical altercation. A foreign object (such as a bullet or skull fragment) that goes through soft brain tissue can also cause a TBI. Mild traumatic brain injury may temporarily affect your brain cells and memory, while more serious TBI can lead to bleeding, torn tissue, bruising, and even life-threatening injury to the brain. A person can also be permanently disabled by a TBI.
If you or a loved one has sustained a TBI, you may be entitled to financial compensation. A skilled attorney can assess whether you have a potentially successful brain injury lawsuit. At Caldwell Wenzel & Asthana in Alabama, we’ve helped many clients receive compensation for head injuries. To find out if we can help you, call us for a free consultation at (251) 444-7000.
Proving TBI in negotiations with an insurance company or before a courtroom jury requires a skilled attorney who knows how to construct a case. Crafting a successful case can include laying out a narrative in which we describe the accident that caused the TBI – how, when and where it happened. Securing medical tests that prove damage to your brain resulting in cognitive or emotional impairment. A neurologist or your family doctor may testify about diagnosing TBI. We may hire an expert witness who can explain the brain damage and offer expertise about causes and symptoms.
According to the National Institutes of Health, doctors who suspect TBI will usually take images of a person’s brain and run tests. These can include:
There are several additional tests that may be employed to establish and measure the severity of a TBI.
Generally, there are two types of TBI – mild or moderate/severe. Symptoms may arise immediately after the injury, or you may notice symptoms days or weeks after being struck in the head, according to the Mayo Clinic.
Mild TBI can result in the following symptoms:
Moderate to severe TBI symptoms include:
TBI and brain damage are extremely serious and often require hospitalization, complicated treatment, and months of rehabilitation. A TBI can result in lifelong intellectual, emotional, physical, and psychological disabilities.
Many things can cause TBI, the severity of which is usually due to the force of impact. Some common causes of TBI are:
These are just a few examples. There are many unique ways you can sustain a TBI.
If you’re a veteran of the U.S. military, you may have suffered a TBI during combat, in a vehicle crash, or during other military operations. If so, you may qualify for VA benefits. You can read more about eligibility here. To make that determination, the VA looks at the long-term symptoms you have due to the trauma you sustained.
The VA divides a TBI’s effects into several categories to evaluate your condition. An injury would then be rated, based on the severity and impairment in each of these areas:
Your symptoms can’t be influenced by a previously rated condition to be considered part of your TBI rating. If your injury falls within this rating system, you may be able to show the VA that you’ve sustained a TBI and qualify for benefits.
If you have sustained a head injury or TBI, you may be entitled to financial compensation. TBIs can cause lasting cognitive, psychological and emotional damages that reduce your ability to work, take care of personal needs, and enjoy life. To find out if you may have a legal claim, contact Caldwell Wenzel & Asthana in Alabama for a free initial consultation at (251) 444-7000.