Establishing the Existence of a Traumatic Brain Injury: A Legal Perspective

When you’ve experienced a head injury during an accident leading to a traumatic brain injury, it is imperative to understand that while you and your attorney are aware of these facts, substantiating the occurrence of a traumatic brain injury resulting from the accident becomes a legal necessity. This process might seem daunting, but it is essential not to let the relatively minor inconvenience of proving your case deter you from pursuing a lawsuit and seeking rightful compensation for your injuries and losses.

What is a traumatic brain injury?

According to the National Institute of Neurological Disorders and Stroke, a traumatic brain injury is “caused by a forceful bump, blow, or jolt to the head or body, or from an object that pierces the skull and enters the brain.” However, it is crucial to recognize that not  every bump to the head leads to a traumatic brain injury, and symptoms may take days to emerge. Thus, in the event of any head injury, seeking prompt medical attention is highly recommended to rule out a traumatic brain injury. These injuries can result in complications such as bleeding, torn tissues, severe consequences, and even fatality.

What types of accidents lead to traumatic brain injuries?

Many different types of accidents can lead to traumatic brain injuries, such as:

• Car accidents
• Sports accidents
• Motorcycle accidents
• Slip and fall accidents
• Pedestrian accidents
• Bicycle accidents
• Violence or assault
• Aviation accidents
• Construction accidents
• Premises liability accidents
• Bus or train accidents
• Truck accidents

How will my Los Angeles attorney prove my traumatic brain injury?

While it might appear self-evident that you have sustained a traumatic brain injury due to the life-altering changes in your daily activities and quality of life, the invisible nature of this injury often necessitates rigorous proof for insurance claims. The burden of demonstrating a traumatic brain injury typically falls on the injured party, adding stress, frustration, and anger to an already challenging situation. Nevertheless, the Los Angeles personal injury attorneys at McNicholas & McNicholas are here to lend a helping hand and assist you in meeting the deadlines for establishing your injury.

While you focus on healing, our legal team will take over your case and find ways to prove your traumatic brain injury exists and that it happened due to the defendant’s negligent behavior. Some of the ways we will do this include:

• Police or accident reports: If you were involved in an accident and the police were called to the scene, the responding officers likely made a report about your accident. The officer may have written that you sustained injuries if the head trauma is visible. If you were involved in an accident that occurred at work and law enforcement was not called, we may be able to use an accident report for this information instead.
• Medical records: Medical records are vital to proving a traumatic brain injury. Your records should include your test results for a CT, MRI, X-rays, Glasgow Coma Scale, Intracranial pressure, and more. In addition, these records will also show the date that you were assessed and treated as well as notes that your doctor wrote regarding your injury and treatment plan.
• Eyewitness testimonies: If anyone saw your injury occur, they may be able to give a testimony explaining the details of when you hit your head, how hard, and what caused the accident. You may also be able to use your family members or caregivers as eyewitnesses as they are taking care of you and see the struggles that your traumatic brain injury causes you daily.
• Expert witness statements: Expert witness statements are crucial to proving a traumatic brain injury. Your attorney may hire a nurse or physician who can explain how your accident caused your traumatic brain injury. Their background, education, and experience will be able to convince insurance companies or a jury about your injuries.
• Documentation: Lastly, documentation is very important when it comes to these types of cases. As soon as you hit your head, you should start writing down the symptoms you are experiencing. You should also save receipts, bills, prescriptions, and any other critical documents that prove that you have a traumatic brain injury.

The steps your Los Angeles personal injury lawyer will take to help you with the process

When you put your trust in the Los Angeles personal injury lawyers at McNicholas & McNicholas, you can rest assured knowing that we will do everything we can to help you prove that you have a traumatic brain injury that was caused by the defendant as well as hold them accountable for their actions. We will do this by taking these steps:

• Listening to your experience: We will initially meet with you to learn about your accident and injuries. This is the part of the process where you tell us what happened, and we take note and listen to the facts of your claim.
• Investigating your accident: We will investigate your accident as well as gather evidence that will show your traumatic brain injury exists and how the accident caused it. This part of the process will also show who is liable for the accident and how it was preventable.
• Filing a lawsuit on your behalf: If we believe that you have a viable claim, we will file the lawsuit on your behalf and prepare to build a strong case against the defendant. From there, we:
  • Collect evidence: During the discovery process, our attorneys will collect as much evidence as possible showing how the accident happened, how your traumatic brain injury occurred, and determine what our goals are for your case. We will also look at the information that the defendant’s team has obtained and fight against it.
  • Negotiate a settlement: We will negotiate on your behalf for fair and just compensation. We ensure that this compensation amount will cover your medical bills, lost income, pain and suffering, and more. If negotiations fall, we will
  • Take your case to trial: After looking over settlement offers from the insurance company, we will determine if they are fair and accurate. If we do not think these offers are viable, your case will go to a trial hearing. In this part of the process, we will need to prove to the jury that the defendant caused your accident/ injuries and that they should be required to pay you maximum compensation for your damages.

The lawyers at McNicholas & McNicholas have been assisting clients with personal injury claims for over three decades. We are known for our successful performance history in helping injured accident victims get the full and fair compensation that they are owed. The legal process may feel overwhelming and hopeless when the success of your lawsuit depends on your ability to show proof of your injury. However, with an experienced and knowledgeable attorney by your side, you will have peace of mind, knowing that your case will be as smooth and stress-free as possible. Schedule your free, no-obligation case evaluation today. Call our office in Los Angeles or complete our contact form at your convenience. All case evaluations are currently being held remotely for your convenience.

This blog should not be considered legal advice. Every individual’s case is fact specific. If you need legal advice, please consult an attorney as soon as possible.