call for a free consultation (855) 414-1012

How Do You Prove TBI?

How Do You Prove TBI?

If you or someone you love has sustained a Traumatic Brain Injury (TBI) as a result of the negligent behaviors or inactions of another individual or organization, you might be considering filing a personal injury lawsuit.  After all, injuries like this are life altering and the costs significant.

Working with a personal injury lawyer who is experienced in handling cases involving traumatic brain injuries is a wise decision.

Proving negligence and substantiating and calculating damages can be incredibly complex. You want to engage professionals who have a reputation for proven success.

What Is a Traumatic Brain Injury?

Understanding Is the First Step in Proving

Traumatic Brain Injuries (TBIs) are serious medical conditions with implications that can be costly in terms of medical treatment, long-term care, and changes in life. According to the Mayo Clinic, TBIs are the result of violent blows or jolts to the head or body.  The most common causes of issues like this include vehicular accidents, sports accidents, and even simply falling. Additionally, they also occur when the brain is injured as a result of penetration of its tissue. These types of TBIs are most often the result of shootings or accidents when foreign bodies, like glass, penetrate the head and brain.

While some TBIs are more serious than others, all require medical treatment and can have damaging impacts. If your TBI was the result of negligence by another person, you may be able to file a personal injury lawsuit and be compensated for your injuries.

Filing a Personal Injury Lawsuit for Your Traumatic Brain Injury

The Process Is Complex

Filing a personal injury lawsuit in order to receive compensation for your TBI is time consuming and multifaceted.  Your personal injury lawyers will have a number of responsibilities. First, they must conduct a thorough investigation of your case, including your accident, your injuries and their impacts on your life. This process can be very involved. The information they gain from this investigation will serve as the basis for both proving both negligence and your injuries and substantiating the requested settlement. Next, they will have to complete and file all legal documents accurately and in a timely fashion. The statute of limitations for personal injury lawsuits in Texas is two years from the date of the injury. There is no time to waste.

Your attorney will work to negotiate and settle your case outside of court, but not all TBI cases can be resolved in this phase, and some ultimately go to trial. You want to work with an aggressive litigator who knows how to build a case that will illustrate your life pre- and post-accident, as well as the event itself.

How Do You Prove TBI?

Proving a TBI is multifaceted.  To win compensation, your attorney must be able to prove negligence and substantiate your injury and its impact on your life.

Proving Negligence Is Critical

The basis of personal injury lawsuits is that the actions or inactions of another individual or organization caused your injury.  While it may seem simple in theory,  in practice it’s not.  Your attorney must be able to prove the following three things:

  • Existence of Duty of Care
  • Breach of Duty of Care
  • The Breach Caused Your Injuries.

Proving negligence in a traumatic brain injury case can be challenging, to say the least. You want to work with a seasoned personal injury attorney to maximize your chances of success.

Your Case Must Be Convincing

Proving a traumatic brain injury requires solid evidence. Simply talking about how you feel isn’t going to be acceptable. You need supporting medical documentation that not only describes the type of injury suffered, but also assesses its severity.

You should pursue medical treatment immediately following your accident. You want to ensure that your injuries are directly linked to their cause.  Also, make sure you hold on to all of your medical records; this means keeping copies from every physician you see. It is going to be important to show your long-term prognosis, especially if care in both the near- and long-term is going to be necessary.

In addition to medical and care expenses, damages in personal injury TBI lawsuits can include compensation for lost past and future wages. In many cases, individuals who suffer TBIs are unable to return to work in the same capacity as they were prior to their accidents, and some may never be able to work again.

Calculating the totality of your losses is something your TBI personal injury attorney can manage.

There is no such thing as too much evidence, and, depending upon the type of accident that caused your TBI, there may be a lot to collect. Working with experienced professionals can help to make sure that no stone is left unturned and that your accident is thoroughly investigated.

Strong Evidence Is Valuable

Proving the existence of a TBI can be difficult. Physical trauma is not always visible.  Consider some of the things  your attorney can use to build a convincing case:

  • Medical Documentation: These include, but are not limited to reports from any/all of the following:  X-rays, MRIs,  CT scans, ICP, PET, fMRI, and brain mapping.
  • Diagnostic Testing Results: These measure your ability to function in a host of ways including your physical, mental and cognitive abilities. The Glasgow Coma Scale is a test that may be used to identify issues.
  • Expert Witness Testimony: Information provided by physicians, including neurologists and therapists.
  • Eyewitness Testimony: Details shared by those who saw the accident (these people can verify the actions that caused the accident and help to prove negligent behavior).
  • Testimony From Family, Friends, and Employers:  It can be critical to clarify the gap in your life and abilities before and after the accident.  These individuals can substantiate  the physical effects of a TBI (including vomiting, difficulty speaking, coordination loss, changes in personality, and seizures). Those able to offer the clearest information are often those who are closest to you.

Your TBI attorneys and their team will work tirelessly to accumulate the necessary documentation and locate and interview all witnesses to help you build a powerful case.

Work With an Experienced and Compassionate TBI Lawyer in Texas

Contact Evans/Reilley Law Firm Today

The personal impact a TBI has on you and your family is incomprehensible:  your future may be irreparably impacted. The skilled TBI personal injury lawyers at Evans/Reilley have significant experience successfully handling cases like this. We appreciate your situation and strongly believe that those whose negligence causes injury to others should be held responsible.

Contact us today at (512) 732-2727 for free consultation during which we will tell you how we can help you move forward; our team will handle all aspects of the legal process, including investigating your accident and gathering evidence. We know how to prove a TBI and are ready to go to work for you.

Attorney Chip Evans

Austin Attorney Chip EvansChip Evans is a partner at Evans & Herlihy. Chip brings to the firm more than 20 years of experience as a trial lawyer representing Plaintiffs. It is the desire to help individuals, not corporations, that attracts Chip to this side of the docket. [ Attorney Bio ]