Every year, millions of lives are affected by traumatic brain injuries (TBIs). Brain injuries, often of a catastrophic nature, can stem from various accidents, including car wrecks, slips and trips and falls, workplace incidents, and other events. Even a seemingly mild or moderate head injury can lead to significant consequences for one’s health. However, in order to recover fair compensation for it, multiple aspects need to be proven. This is hard: TBIs are called the “invisible injury” by lawyers and insurers because they often do not show up on MRIs or other diagnostic testing, and most physicians and hospitals do not document this type of injury very well because the insurance industry does not like to pay for mild TBI treatment.
The U.S. government provides this information about “mild” TBI symptoms often being subtle, hard to define, etc.: https://www.cdc.gov/traumatic-brain-injury/signs-symptoms/index.html
The National Institute of Health website indicates these factors for TBI:
Initial symptoms: Headache, dizziness, confusion, and fatigue tend to start immediately after an injury but resolve over time. Emotional symptoms such as frustration and irritability tend to develop during recovery.
Seek immediate medical attention if the person experiences any of the following symptoms, especially within the first 24 hours after an injury to the head:
If you or a loved one has suffered a traumatic brain injury, Jensen Phelan Law Firm can help. Our skillful team, backed by over 65 years of combined experience, knows what it takes to prove a traumatic brain injury in a personal injury case. We have had many successful TBI results in the six- and seven-figure categories. We understand the complexities of these cases and are dedicated to advocating for your rights. The insurance industry has had decades of success in defending TBIs, the “invisible injury,” so you will need very good legal representation if you are to have success.
Proving a brain injury is a crucial step in finding justice and fair compensation. To build a robust case, your attorney will gather a variety of compelling evidence. This may include:
The foundation of proving a brain injury lies in comprehensive medical records. Seek immediate medical attention after an accident and make sure that all diagnostic tests, imaging, and evaluations related to the brain injury are documented.
Engaging medical experts who specialize in neurology or traumatic brain injuries can provide authoritative testimony. Their expert opinions can substantiate the existence, severity, and long-term implications of the brain injury.
Documenting the treatment plan and rehabilitation process is essential. This includes therapy sessions, medications, and any other interventions prescribed to manage the effects of the brain injury.
Establishing the impact of the brain injury on an individual’s ability to work or pursue education is crucial. Your lawyer may collect employment records, academic transcripts, and any documented changes in performance or capabilities.
Statements from witnesses who observed the incident leading to the brain injury or noticed changes in the individual’s behavior afterward can provide additional perspective and corroborate the circumstances.
If available, photographic or video evidence of the incident or aftermath can be compelling. This visual documentation can support the narrative of how the brain injury occurred and its immediate aftermath.
Encourage individuals affected by the brain injury to keep personal records or journals detailing their experiences, struggles, and the impact on their daily lives. These personal insights can provide a human perspective to the legal proceedings.
Neuropsychological tests can measure cognitive function and identify deficits resulting from a brain injury but is regularly disputed as “subjective.” These test results can be valuable in establishing the extent of impairment.
Imaging.
The most common defense to a TBI claim is the lack of “objective” evidence: why doesn’t the TBI show up on the MRI or brain scan, etc.? Some specialized neurological experts can potentially assist, such as one of our cases involving a TBI that caused vision problems. We retained a neuro-ophthalmologist, whose testing and opinions provided objective evidence, so the insurer paid up only after getting close to the trial date.
Getting input from medical professionals regarding the long-term prognosis and potential need for ongoing care is vital. Life care plans outlining the anticipated medical, rehabilitation, and support needs can contribute to the overall case. Often the future damages are the heart of the damages case.
Proving a brain injury in Arizona requires a comprehensive and strategic approach, combining medical evidence, expert testimony, and personal documentation. If you or a loved one has suffered a brain injury, finding legal representation with experience in handling such cases is crucial. At Jensen Phelan Law Firm, our dedicated team is ready to guide you through the process of proving a brain injury and pursuing the compensation you deserve.
Contact us for a free consultation and let us advocate for your rights in the quest for justice. Call us at (928) 778-2660 or submit our contact form for more information.