Proving Traumatic Brain Injuries
Traumatic brain injuries (TBIs) are among the most serious injuries that can occur. They can affect nearly every aspect of a person’s life, from cognitive function to emotional well-being. And surprisingly, such injuries can be from a car crash or a medical malpractice event.
While the immediate physical effects of a head injury may be apparent, often they are not, and the long-term consequences are often harder to detect and to measure. They can significantly disrupt a person’s ability to work, care for themselves, or enjoy everyday activities. And the injury can last a lifetime.
Proving both the fact and the extent of a traumatic brain injury requires a thorough understanding of the mechanics of head injuries, as well as the medical documentation, expert testimony, and a strategic approach necessary to pursue these legal claims. For those in Michigan facing the aftermath of a TBI, it’s crucial to have experienced medical and legal professionals by your side to help work through the challenges of the legal process and ensure a win.
At Schefman & Associates, PC, we have vast experience with brain-injured clients, and we’re committed to guiding our clients through this process every step of the way. Clients need to get the medical care required, and need counsel that understands what it takes to prove their case.
Call today to schedule a consultation with Schefman & Associates, experienced traumatic brain injury attorneys, and learn how we can protect your rights and pursue the compensation you need.
The Medical Evaluation of Traumatic Brain Injuries
The first step in proving a traumatic brain injury is obtaining a thorough medical evaluation. After an accident, it’s crucial to seek medical attention immediately, even if symptoms don’t seem severe at first. You may have a headache and may not have even hit your head on anything in the collision,
Some signs of a TBI, like headaches, dizziness, or mood swings, may not appear until days or weeks after the incident. And when they occur, they are often accompanied by irritability, confusion, and sometimes vision issues.
When you visit a healthcare provider, they’ll conduct a detailed physical exam and may perform several tests to assess your condition. These tests are essential for documenting the injury and providing evidence for your claim. Generally, the emergency department will administer a CT Scan, but this reveals only fractures and does not determine if there has been a brain injury. Where there is any period of loss of consciousness, the risk of brain injury increases.
A traumatic brain injury requires an evaluation that may include:
MRIs: These imaging tests allow doctors to see if there’s any visible damage to the brain, such as swelling or bleeding.
Neuropsychological assessments: These tests are used to evaluate cognitive functions like memory, attention, and problem-solving skills, which can be affected by TBIs.
Cognitive tests: These assessments help determine how well the brain is functioning after the injury. Cognitive impairment is a critical element in proving the severity of a TBI.
A proper diagnosis is essential in proving a traumatic brain injury and establishing the impact it will likely have on the individual’s life. Without these medical evaluations, it can be difficult to make a successful claim.
Establishing the Link Between the Accident and the Injury
To prove a traumatic brain injury, it's not enough to simply show that a brain injury exists. We must also establish that the injury directly resulted from the accident. This is where evidence of the accident itself comes into play. Accident reports, witness statements, or video footage, all of \ can help establish the circumstances surrounding the incident. In some cases, expert testimony may be needed to explain how the accident likely caused your injury. Often, the dynamics of the collision, calculating the Newtonian directions of force and the body's reaction to that force, can show how the brain was injured.
Important evidence to prove the link between the accident and the TBI may include:
Police reports: These reports provide an official record of the accident, which can show the severity and nature of the impact.
Witness testimony: Eyewitnesses can provide statements about the events leading up to the accident, which can help corroborate your version of events.
Accident reconstruction experts: In some cases, experts may be needed to reconstruct the accident and explain how it led to the traumatic brain injury.
Establishing the connection between the accident and the brain injury is a critical part of your case. Without this evidence, it may be difficult to prove that the injury occurred as a direct result of the accident. You need counsel that knows what to look for and what evidence to marshal.
Documenting the Long-Term Effects of Traumatic Brain Injuries
One of the most challenging aspects of proving traumatic brain injuries is documenting the long-term effects they have on a person’s life. While the initial injury may be evident, the lasting consequences are often harder to quantify. In addition to the physical symptoms, TBIs can also affect a person’s ability to work, maintain relationships, and live independently.
To prove the long-term effects of a TBI, we may need to present the following types of evidence:
Medical records: Documentation of ongoing treatment, including doctor visits, medications, therapy, and rehabilitation, can demonstrate how the injury has affected your daily life.
Testimony from family and friends: Loved ones can provide valuable perspective into how the injury has changed your personality, mood, and ability to perform everyday activities.
Employment records: If your TBI has affected your ability to work, pay stubs or letters from employers can show a decline in your earning capacity or loss of employment due to the injury.
Expert testimony: Experts, including neurologists or psychologists, may be able to speak to the long-term effects of TBIs, including cognitive and psychological impairments.
The longer-term effects of a traumatic brain injury can have a profound impact on every aspect of your life. Proving these effects requires careful documentation and expert analysis to build a compelling case.
The Basics of Expert Testimony in Proving Traumatic Brain Injuries
Expert testimony is often crucial in proving traumatic brain injuries. Medical professionals, neurologists, neuropsychologists, and accident reconstruction experts can provide vital testimony about the severity of the injury, the potential long-term effects, and the accident’s role in causing the TBI.
Experts can testify about:
The cause of the injury: Experts can offer testimony on how the accident directly caused the brain injury, reinforcing the connection between the two.
The severity of the injury: Experts can explain the nature of the brain injury and how it affects cognitive, physical, and emotional functioning.
The prognosis: Experts can provide perspective into the long-term effects of the injury, including the potential for recovery and any permanent impairments.
While expert testimony isn't always required, it can significantly strengthen your case. It provides a level of clarity, credibility, and authority that can be persuasive in winning.
Building a Compelling Case for Compensation
After gathering the necessary medical evaluations, evidence linking the accident to the injury, documentation of long-term effects, and expert testimony, we can begin building a compelling case for compensation. The goal is to demonstrate the full extent of your injuries and how they have impacted your life, both physically and financially, and how they will continue to impact your life.
Compensation for traumatic brain injuries can cover:
Medical expenses: This includes the cost of hospitalization, doctor visits, surgeries, therapy, and any future medical treatment required (depending on your no-fault coverage and any limitations).
Lost wages in excess of the no-fault limits: If the injury has affected your ability to work, you may be entitled to compensation for lost wages in excess of the monthly maximums allowed under no-fault and any period of loss after three years, and loss of earning capacity.
Pain and suffering: This includes compensation for the physical pain, emotional distress, and reduced quality of life caused by the injury.
Future costs: If the injury requires ongoing treatment or care, future medical expenses may be factored into your claim.
By compiling all of this evidence, we can present a strong case that demonstrates the full extent of your traumatic brain injury and its impact on your life, and get you the compensation you deserve.
Reach Out to Dedicated Attorneys at Schefman & Associates
If you or a loved one has suffered a traumatic brain injury in an accident, it’s essential to have an experienced firm on your side to help you prove your case and seek the compensation you’re entitled to. At Schefman & Associates, PC, located in Bloomfield Hills, Michigan, we serve clients throughout Oakland County, Wayne County, Macomb County, and Washtenaw County. Don’t wait—contact us today to schedule a consultation and learn more about how we can help you.
