Necessary Evidence to Prove Brain Injury
Posted Monday, April 1, 2013 by Chris Thayer
Brain injuries can have a significant impact on the injured victim’s life, as well as the lives of his loved ones. These types of injuries are devastating because they often lead to emotional, physical and financial hardships. If you or a loved one has suffered brain injuries from an accident that was caused by another person, you should hire a Seattle traumatic brain injury attorney to get just compensation.
Brain injuries are generally categorized as mild or severe. The evidence needed to prove each type of brain injury is different, but what all cases have in common is the complexity and expensive nature of the litigation and the need to prove the elements of the case.
Proving a Severe Brain Injury ClaimIt is generally easier for a Seattle traumatic brain injury attorney to prove a severe traumatic brain injury (TBI) case than a mild TBI case. The main reason is that individuals suffering from a severe TBI will generally have more readily identifiable symptoms. They will also display readily apparent physical and mental disabilities that can be easily proven in a court of law.
Additionally, the Seattle traumatic brain injury attorney can use MRI and CAT scans which demonstrate the specific area of the brain damage to prove the case. In other words, the patient’s medical records alone will be a clear indication of the severity of the injuries suffered if these tests were conducted.
The defense typically has a very hard time disputing a severe TBI claim.
Proving a Mild Brain Injury ClaimMild TBI cases, on the other hand, are harder to prove in court because the symptoms and physical and mental disability may not be readily apparent. In fact, patients suffering from a mild TBI may look, act and sound quite normal. Additionally, their CAT scans and MRIs may not show significant damage. As such, it is much easier for the defense to dispute a mild TBI case.
In order to prove a mild TBI case, a Seattle traumatic brain injury attorney must look at the victim’s medical records immediately following the injury, psychological records, marital counseling records, employment records and any other documents that show a change in behavior and activity since the accident.
It may also be necessary to retain the expert opinion of a reputable neuropsychologist to prove the symptoms and show the injuries.
We Can HelpRegardless of whether you suffered a mild or severe TBI, you may be entitled to just compensation. Hire a Seattle traumatic brain injury attorney who is both experienced and aggressive.
To schedule a complimentary consultation, call Seattle traumatic brain injury attorney Chris Thayer at (206) 340-2008.