Schrier Law Group logo
Our Law Firm is
Celebrating 36 Years!
Spain Flag
Espanol
Russia Flag
Russian
Creole Flag
Creole
Call Us For A Free Evaluation

Evidence Needed For a TBI Lawyer to Prove Your Case In Court

by

A stack of medical records and police report documents necessary to prove a personal injury case in court.

The brain is a crucial part of the human body. Without it, your body couldn’t function properly. Therefore, when the brain suffers a serious injury, it could significantly affect your health and your ability to live a normal life.

Understanding TBIs

TBI stands for traumatic brain injury. A traumatic brain injury, as the name suggests, is an injury to the brain that substantially affects the way the brain works.

TBIs occur when an individual experiences a sudden and violent shake or jolt to the head or body. With such significant movement, the brain shifts within the skull and suffers injury.

There are several types of traumatic brain injuries, depending on the way the injury occurs, the way the brain moves, and the location of the injury on the brain.

The most common types of TBI include:

  • Concussions
  • Brain hemorrhages
  • Brain hematomas
  • Diffuse axonal injury (DAI)
  • Second impact syndrome

Additionally, brain injuries can either be closed or penetrating. Closed brain injuries are the most common, resulting in trauma to the brain, including bruising and tearing of blood vessels and brain tissue. A penetrating brain injury results when an object, like a bullet, breaks through the skull and pierces the brain.

While recovering from a TBI is possible, victims of traumatic brain injuries are at risk of long-lasting effects on their health and overall quality of life.

How Does a TBI Happen?

TBIs can happen for a variety of reasons, but they often occur as a result of:

  • Car accidents
  • Truck accidents
  • Motorcycle accidents
  • Boating accidents
  • Construction accidents
  • Workplace accidents
  • Slip and falls

Traumatic brain injuries can also arise out of intentional violence, which can often be a result of negligent security.

Life-Altering Effects of a TBI

Because the brain is one of the most critical parts of the body, injury to this organ often results in serious consequences. Some of the most common ways a TBI can affect a victim’s life include:

  • Cognitive defects: Including coma, amnesia, and confusion
  • Motor deficits: Like paralysis, problems with balance, and tremors
  • Sensory deficits: Such as changes in vision, hearing, smell, taste, or touch
  • Functional deficits: Including impairments in the ability to perform everyday activities, like dressing or bathing
  • Communication deficits: Like difficulty speaking and reading or slow speech
  • Personality and mental health changes: Such as increased irritability, anxiety, and depression

Depending on the consequence of a TBI, extensive medical care, rehabilitation, and in-home care may be necessary. The worse the effect on a victim, the more financial burdens there usually are.

Evidence to Prove a TBI

Proving a TBI can be challenging in many cases. For this reason, it is essential for a TBI lawyer to build your case on strong and irrefutable evidence, which often includes the following:

Medical Records

Because a traumatic brain injury is so serious and requires so much medical care, medical records are typically the primary piece of evidence a TBI lawyer will rely on.

From the moment you or your loved one seek medical care after suffering a TBI, medical professionals begin documenting everything in your medical records. From diagnostic tests performed to formal diagnoses and medical treatment, every piece of pertinent information can be found in medical records.

Medical records can help prove a victim did in fact suffer from a brain injury, and they can also provide insight into the severity of the injury and the prognosis for the victim.

Police Reports

A police report plays a key role in motor vehicle accidents like car, truck, and motorcycle collision cases.

Once law enforcement officers get to the scene of your accident, they begin gathering important details and information. They’ll jot things down, speak to witnesses and involved parties, and take photos for their records.

In the days following your accident, the officers present at the scene take this information and compile it into a police report. Police reports can provide critical information about an accident, including the cause of the collision and who was at fault.

Eyewitness Statements

When a person witnesses your accident, whether it is a vehicle accident or a slip and fall, they can provide unique insight and perspective. Law enforcement usually speaks to witnesses at the scene of an accident, but your TBI lawyer will also likely speak to the witnesses of your accident or incident to get more information.

Rely on an Experienced TBI Lawyer

Traumatic brain injury cases can be tricky and difficult to navigate. Fortunately, a skilled TBI lawyer can take on your case and handle everything on your behalf.

The legal team at Schrier Law Group wants to help you pursue the justice and monetary recovery you deserve after a TBI. Contact our firm today to request a consultation.