A traumatic brain injury (TBI) can complicate personal injury cases since the effects are so long-lasting. It can also be difficult to quantify the damages. That doesn’t mean you can’t win your case. However, you will likely need the guidance of a personal injury lawyer to get the compensation you deserve. Here are some ways a traumatic brain injury can affect your personal injury case.
Severity of TBI
Your lawyer will need to show the extent of the damage to your brain to the court. TBIs are classified as “severe” or “mild,” with a large majority falling into the “mild” category. A severe TBI means the patient was unconscious after the incident for over 30 minutes, which usually leads to serious brain damage.
To get a medical professional’s opinion, you need to go to the doctor as soon as possible after the injury. Failing to go to the doctor can cause the courts to lower the amount of the compensation since you didn’t mitigate damages.
Long-Term Effects
The difficulty with TBIs is that you don’t necessarily know exactly how it will affect your life until years later. Some examples of unexpected effects include seizures, sleep disorders, chronic pain, mood or personality disorders, lack of focus, memory loss, dementia, and the inability to work.
You may not have experienced these effects yet, but you can still prove the future dangers you will have to face and get compensation. You will need to talk to a doctor about what you may have to face and get his statement documented for the court.
Evidence
You and your lawyer have an upward battle to prove that you have a TBI, prove that the TBI occurred as a result of a specific accident, and prove that the TBI will cause damage to you physically and in your professional and social life.
First, you need to go to a doctor right away. You need to also keep up on doctor appointments with neurologists and psychologists. You’ll also want to record your experience in a regular journal to help your doctors provide the best analysis and prove your condition to the court.
Personal Injury Lawyer
Sometimes, people try to represent themselves in their personal injury cases. They may think it’s more affordable to do on their own or that the evidence is so clear that they don’t need legal counsel. Unfortunately, this is often untrue, especially when it comes to TBIs. Because of the severity of these injuries and the expense of these kinds of cases, the insurance companies and defendants you go against will likely have very good lawyers who can twist evidence or your own words to lower the amount of compensation they have to pay you.
Having a personal injury lawyer on your side means that you’ll have someone to advise you on the best way to present your case. Your lawyer can also help ensure that you have all the proper evidence and paperwork submitted correctly and on time. This can be a big relief so that you can focus on healing.
Having a TBI makes personal injury cases a bit more complicated, but a good lawyer can make the most of the case for you. If you’re prepared for your case, you can get the compensation you need.
Author information: Anita is a freelance writer from Denver, CO. She studied at Colorado State University and now writes articles about health, business, family, and finance. A mother of two, she enjoys traveling with her family whenever she isn’t writing. You can follow her on Twitter @anitaginsburg.
