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How To Prove a Traumatic Brain Injury In Court


A doctor reviewing an X-Ray scan of a patients brain to see if there are any traumatic injuries prevalent.

Obtaining full and fair compensation places the burden on community members to demonstrate traumatic brain injury. Given that you or a loved one may be suffering from the debilitating effects of what is commonly referred to as a “TBI,” you must make a compelling case to persuade an insurance company, the Veterans Administration (VA), or the courts that you have suffered serious harm.

People frequently inquire, “How do you prove TBI?” Typically, the answer is to enlist the assistance of an experienced personal injury attorney who gathers medical test results, eyewitness accounts, and expert testimony in the field, as needed. At Schrier Law Group, our experienced attorneys understand how to prove traumatic brain injury in court and to the VA in order to obtain full and fair compensation for our clients. Be rest assured, we got you covered.

What Exactly is a TBI?

A TBI can be caused by a hard impact to the head or a violent jolting of the body. Of course, any object that penetrates or fractures the skull will almost certainly cause significant brain damage. The severity of these injuries ranges from mild cases that temporarily affect cells and tissue to serious health and cognitive conditions caused by damaged brain tissue or bleeding. The long-term consequences of traumatic brain injuries may necessitate ongoing treatment and care. A traumatic brain injury can have a negative impact on one’s quality of life and even be fatal. That is why, if you or a loved one needs to file a brain injury lawsuit, it is critical to work with an experienced attorney.

How We Prove Traumatic Brain Injury

To prove that a traumatic brain injury occurred, whether our attorneys at Schrier Law Group are negotiating a settlement with an insurance company or presenting a brain injury lawsuit to a jury, we begin at the beginning. We show what happened in the accident, how it happened, and why it happened. We’ll also figure out what caused your injury and how your TBI affects you.

If you were injured in a car accident, you will need to provide specific documentation. A police report describes how an accident occurred, where the vehicles were located, how fast they were moving, and in which direction they were traveling. To get into the nitty-gritty of an accident, we hire accident reconstruction experts. They can testify about who was at fault and how the accident affected them.

Your head may have collided with a part of the interior or an object, allowing access to the interior of your vehicle. Because of the force of the accident, your body may have slammed back and forth between the airbag, door, and seat. It is possible that it caused your brain to strike the inside of your skull violently, resulting in TBI.

How We Use Medical Reports And Documents To Back Up Traumatic Brain Injury Claim

Witnesses such as your treating physician and medical experts are summoned because they are qualified to testify. According to the National Institutes of Health, medical professionals may use a variety of approaches to diagnose your TBI.

Documents and testimony may be used to establish that a traumatic brain injury occurred. They would describe the tests used, your responses, the fact that you have a TBI, and how much it affects you.

The Glasgow Coma Scale assesses your performance in three areas. They consist of your ability to:

  • Speak: Can you speak normally, in a way that makes no sense, or at all?
  • Eye Cognition: Can you open your eyes whenever you want or only when you’re asked?
  • Move: Can you easily move your arms, or do you only move them in response to painful stimulation?

Your responses would be scored by a healthcare provider. The lower the number, the greater the severity of the injury.

In addition, a speech pathologist would assess your communication and language abilities. He or she would consider the strength and coordination of the muscles that control your speech, as well as your grammar and vocabulary. Your ability to read and write will be tested. Formal tests and role-playing would be used to assess your ability to communicate with others.

Thinking, reasoning, problem-solving, information processing, and memory are all examples of cognitive processes. The majority of people with severe TBI have cognitive disabilities, and they frequently lose higher-level mental skills. Neuropsychological tests would be used to evaluate your cognitive abilities.

This exam assesses cognitive, language, behavioral, motor, and higher brain functions. These results are compared to your abilities prior to the accident to determine the extent of your injuries.

Medical Tests That Prove TBI

Imaging and tests can reveal severe or minor brain injuries. These evaluative procedures include the use of the following.

Computerized Tomography Scan (CT Scan)

A computerized tomography scan (CT scan) creates a complete picture of your brain using X-rays. It may show signs of bleeding, bruised tissue, and other damage.

Magnetic Resonance Imaging (MRI)

Magnetic resonance imaging (MRI) creates images that are more detailed than CT scans by using powerful magnets and radio waves.

Intracranial Pressure (ICP)

Intracranial pressure (ICP) monitoring involves inserting a probe through the skull to monitor brain swelling caused by a TBI. More brain damage may occur if it swells too much.

TBI Rating

If a TBI is confirmed, the next step is to assess the degree of injury. The levels are as follows:

  • Mild: You were either not unconscious or were unconscious for less than 30 minutes. Memory loss lasted only a day.
  • Moderate: You were unconscious for more than 30 minutes and could have been unconscious for up to 24 hours. Memory loss lasted between one and seven days.
  • Severe: You were unconscious for more than 24 hours and experienced memory loss that lasted more than seven days.

Why Does Schrier Law Group Seek Expert Testimony to Assist in Proving a TBI?

The defendant’s insurance company may have their experts examine your condition. They may deny that you have a TBI or testify that it is not as severe as you claim during a trial. Schrier Law Group values expert testimony highly. We make certain that our medical experts are well-prepared and capable of effectively telling your story to a jury. We’ll have the evidence to counter the insurance company’s attempts to downplay your injuries.

Documenting Symptoms Can Aid in the Proving of Traumatic Brain Injury

Researchers have identified a wide range of warning signs based on more than 30 years of scientific evidence supporting the sometimes disastrous effects of TBI. If you or a loved one has suffered a hard blow to the head or a violent jolt to the body, it is critical to keep an eye out for symptoms.

The National Health Institute highlights the following symptoms of a TBI.

  • Dizziness or headaches
  • Symptoms of Nausea or Vomiting
  • Tiredness or drowsiness
  • Word Formation Difficulties
  • Character Mood Changes
  • TBI with Moderate Symptoms
  • Consciousness Loss
  • Coordination Deficit
  • Confusion Flows
  • Numbness or loss of physical strength
  • Convulsions or seizures.

The significance of documenting these and other signs of a TBI cannot be overstated. People who sustain a TBI are all too often forced to live with intellectual, emotional, and physical disabilities for the rest of their lives. Building a strong case to prove traumatic brain injury can have a significant impact on whether people receive the full and equitable financial support they deserve.

Contact Schrier Law Group for Assistance

A traumatic brain injury (TBI) can be a life-changing event. Permanent injuries may render you unable to work or only at a reduced level. Some TBI patients will require ongoing care for the rest of their lives. If this is your situation or the situation of a loved one, you must take it seriously.

Contact Schrier Law Group today for a free initial consultation with any of our attorneys. We can discuss your injury, how it occurred, and who may be to blame. We will go over your options for obtaining compensation for everything you and your family have been through, as well as the best way to proceed.