A traumatic brain injury (TBI) can change your life. It can make it hard to think, remember things, or even move. If you or someone you love has a TBI because of an accident, you need to prove it to get compensation for your injuries.
Hecht, Kleeger & Damashek, Personal Injury Lawyers, P.C. are the New York City brain injury lawyers that will help you do that. Learn more about proving your injuries and how we will work with you to fight for your maximum compensation.
Strategies to Prove a Traumatic Brain Injury (TBI)
Proving a TBI involves several important steps. These injuries may not be immediately apparent. If an insurance company can raise doubt about your condition, they will if it means they won’t have to pay a settlement.
Here are some strategies that can help prove the presence of a brain injury:
Seeing Medical Specialists
There are a variety of medical specialists who deal with these specific injuries. Your attorney can identify and hire the appropriate specialist to help your case.
- Neurologists: These doctors specialize in the brain and nervous system. They can evaluate how well your brain is working.
- Neuropsychologists: These experts test your thinking skills, like memory and problem-solving. They can show how the TBI affects your daily life.
- Radiologists: They use imaging tests like MRIs and CT scans to look at your brain. These images can show damage from a TBI.
Getting Medical Documentation
Medical records are critical pieces of evidence that can bolster your case. You have a right to access and keep copies of your medical records.
- Detailed Medical Records: It’s important to have all your doctor visits and treatments recorded. This shows a clear history of your injury and recovery.
- Follow-up Visits: Keep going to your doctor for check-ups. This helps show that your symptoms are ongoing and serious.
Collecting Witness Statements
Brain injuries often have consequences beyond just physical symptoms. Depending on the type and severity of the damage, some injuries cause behavior changes. Witnesses can explain how a TBI victim’s behavior or moods have changed after an accident.
- Community Witnesses: Friends, family, and coworkers can tell how your behavior and abilities have changed since the injury. They can talk about things like memory problems, mood changes, or difficulty doing tasks.
- What They Can Testify About: These witnesses can explain how the injury affects your daily life. They can talk about how you were before the injury and how you are now.
Medical Expert Testimony
Besides the medical specialists’ testimony, other medical experts can reinforce your case.
- Support from Experts: Doctors and other specialists can explain how the TBI affects you. They can talk about your treatment, your prognosis, and how the injury impacts your life.
Other Supporting Evidence
The evidence your lawyer can collect will be used to create a story that explains the defendant in your case was negligent and responsible for your debilitating injuries. This evidence will balance the testimony provided by medical specialists by explaining how your accident happened.
- Accident Reports: Reports from police or other officials can show how the accident happened.
- Photos and Videos: Pictures or videos of the accident scene or your injuries can be very helpful. They provide visual proof of the incident and its aftermath.
What Are The Legal Elements of Proving a TBI Case?
To get help for a TBI, you need to prove four things:
- Duty of Care: The person who caused the accident had to be careful. For example, drivers need to follow traffic rules, and employers need to keep workplaces safe.
- Breach of Duty: The person did something wrong. They might have driven too fast or not fixed a broken staircase.
- Causation: The wrong action caused the TBI. For example, a car crash caused by speeding led to your head injury.
- Damages: You got hurt and need help. This includes medical bills, lost wages, and pain.
What Are The Challenges in Proving a TBI?
Proving a TBI can be hard because:
- Delayed Symptoms: Sometimes, symptoms show up later, making it hard to connect them to the accident. It’s important to tell your doctor about any new symptoms right away.
- Pre-existing Conditions: If you had other health issues, it can be hard to show the TBI is new. Doctors can help by explaining how your TBI is different from other issues.
- Insurance Company Tactics: Insurance companies may try to pay you less. They might say your injury isn’t serious or that it’s not from the accident. A good lawyer can fight back against these tactics.
How Hecht, Kleeger & Damashek, Personal Injury Lawyers, P.C. Can Help
We have a lot of experience with TBI cases. We investigate carefully, gather strong proof, and talk to insurance companies for you. We work hard to get you the money you need. Our team will:
- Identify the Responsible Parties: We find out who is at fault for your injury. We look at all the details and gather evidence.
- Deal with Insurers: We handle talks with insurance companies. We make sure they understand how serious your injury is and fight for fair compensation.
- Maximize Compensation: We work to get you the most money possible. We consider all the ways your injury has affected your life, now and in the future.
- Advocate for Safety & Justice: We hold the people who caused your injury accountable. We also work to make things safer for everyone.
Call a New York City Brain Injury Lawyer Now
Proving a traumatic brain injury in a personal injury case is important to get help. If you or a loved one has a TBI because of someone else, talk to our personal injury lawyers in NYC. We can help you get the money you need to recover.
Contact us today for a free consultation. We are here to listen and ready to fight for you. Call (212) 490-5700 or use our contact form.