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How Do You Prove a TBI in a Personal Injury Case?

Aug 7, 2023 | Brain Injury, Personal Injury

Traumatic brain injury (TBI) is one of the most severe types of injuries an accident victim can suffer. Not only is TBI challenging and costly to treat, but it can significantly impact a victim’s quality of life. If you sustained a traumatic brain injury in a car accident, slip and fall, workplace accident, or another incident caused by someone else’s negligence, you may be entitled to compensation in a personal injury action. However, you must first be able to demonstrate liability — and prove the extent of your injury.  

What is a tbi?

A traumatic brain injury is typically caused by a forceful blow or jolt to the head. As they don’t always involve a fracture to the skull or a visible wound, these injuries can sometimes be difficult to diagnose. Brain injuries can range from mild to severe — and even minor damage to the brain can cause significant problems requiring considerable medical treatment, physical rehabilitation, and long-term care.  

An accident victim who has suffered a TBI might experience disorientation, slurred speech, memory loss, confusion, blurred vision, altered mood, cognitive losses and inability to concentrate. A TBI can also affect how a victim thinks, feels, acts, and sleeps. Due to the devastating impact a brain injury can have on a victim’s life, personal injury cases involving brain injuries often result in substantial settlements and verdicts.     

What Evidence is Used to Prove TBI in a Personal Injury Lawsuit?

Lawsuits for traumatic brain injuries are usually complex. As accident victims who have suffered from this type of injury may not appear to be physically injured, TBI can sometimes be hard to detect. Unfortunately, misdiagnoses are not uncommon when it comes to TBI because its symptoms can overlap with those associated with many other conditions. In addition, while some symptoms appear right away, others may take time to develop, recognize or diagnose.    

In a personal injury action, a wide variety of evidence can be used to help establish a traumatic brain injury and the impact it had on the victim’s life, including the following: 

  • Police or incident reports — Although police accident reports generally can’t be used at trial (unless a hearsay exception applies), they can provide essential details regarding the way the accident occurred to demonstrate liability and establish a causal connection with your brain injury.
  • Medical records — Medical records are key pieces of evidence in a personal injury action, including those involving TBI. To establish a traumatic brain injury, medical images such as CT scans and MRIs can be critical. Other medical evidence can include documentation of intracranial pressure monitoring and diagnostic testing to determine your cognitive ability, mental and physical functioning, and motor skills There are also new diagnostic tests such as Diffusion Tensor Imaging that on the cutting edge of accurately diagnosing a TBI and are now being accepted as evidence by most courts
  • Witness testimony — Witness testimony can be crucial to establish the severity of your TBI. In addition to the recollection of witnesses who saw the accident occur, the testimony of family and friends can be vital. For example, they may be able to testify regarding the ways the accident impacted your daily life, your ability to work, and in what ways you have changed due to your tbi.
  • Expert testimony — Expert testimony from a medical professional such as a neuropsychologist, neurosurgeon, neurologist, psychiatrist or physical medicine and rehabilitation doctor can be helpful to explain the severity of the brain injury and how it affected your life. 

If you have suffered a TBI in an accident caused by someone else’s negligence, it’s a good idea to record as much information as possible. Keep a record of your medical expenses and document how your injuries affected your ability to carry out your daily tasks each day. You should also document any changes that made it difficult or impossible to do your job. An experienced personal injury attorney can assist you with collecting the documentation and evidence necessary to establish the extent of your injuries and hold the negligent party accountable. 

Contact a Knowledgeable New York Personal Injury Attorney

Brain injuries are often catastrophic and life-changing. If you have been diagnosed with a traumatic brain injury that was caused by someone else’s negligence, a skillful personal injury attorney can fight for the monetary recovery you deserve. Due to our skill, knowledge, and experience, The Edelsteins, Faegenburg & Brown, LLP regularly obtains substantial verdicts and settlements for our clients who have suffered TBI due to another’s carelessness or recklessness. 

Located in Manhattan, The Edelsteins, Faegenburg & Brown, LLP has successfully represented accident victims throughout New York City since 1937. We give every case the time and attention it deserves while strategically focusing on securing the best possible results. Contact us to schedule a free consultation at (212) 425-1999 today.




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