Challenges in Proving Traumatic Brain Injury
A Traumatic Brain Injury (TBI) is a serious and often life-altering event. However, due to its intricate nature, proving the existence and extent of TBI in a legal setting is a significant task. Here’s an overview of the challenges you’ll face when asserting your claims and why the role of experienced legal counsel is indispensable.
Medical Documentation is Paramount:
While this might sound straightforward, the world of TBI is medically complex. Unlike a fracture visible on an X-ray, TBIs often lack clear evidence. Standard tests like MRIs or CT scans might not always reveal the extent or presence of certain brain injuries. However, other tests, such as neuropsychological evaluations, can offer a clearer perspective on cognitive impairments resulting from the trauma. Ensuring you undergo a thorough and appropriate medical examination is crucial.
Subjectivity of Symptoms:
TBI symptoms can vary wildly from one individual to another. Headaches, dizziness, mood swings, memory lapses, or concentration issues are just a few. The subjective nature of these symptoms makes it challenging to provide consistent, tangible proof. In court, arguing against someone’s self-reported fatigue or irritability is easier than a visible wound or broken limb.
Drawing a Direct Causation:
Another challenging aspect is proving that the TBI directly resulted from the defendant’s actions or negligence. For instance, if you had a car accident and were later diagnosed with TBI, you must establish that the accident was the root cause, not some other unrelated event.
Expert Witnesses are Essential:
Given the technical nature of TBIs, the testimony of expert witnesses like neurologists, neuropsychologists, or rehabilitation professionals can provide significant weight to your claims. They can detail the injury’s nature, explain its implications, and shed light on the future challenges for the injured person.
Dealing with Insurance Companies:
In many TBI cases, insurance companies refuse to provide fair compensation. They might argue that the injury isn’t as severe as claimed or that there were pre-existing conditions. Having an injury lawyer on your side means having someone who knows the nuances of negotiating with these insurance giants, ensuring your rights are protected.
Economic vs. Non-Economic Damages:
While economic damages like lost wages or medical bills are more straightforward, non-economic damages (pain and suffering, loss of life’s enjoyment) are harder to quantify. A proficient attorney can articulate and argue for these intangible damages effectively.
While a broken bone is evident through an X-ray, the nuances of a Traumatic Brain Injury remain elusive, wrapped in a cloak of complexity. But with experienced legal counsel, the invisible can become visible.
When you or a loved one faces the repercussions of a traumatic brain injury, the path ahead can seem overwhelming. Medical concerns, emotional turmoil, and financial implications can create stress. Amidst this turbulence, you deserve legal representation that stands firmly by your side. To learn more contact Vames, Wang & Sosa today to schedule a free consultation.
Vames, Wang & Sosa Injury Lawyers focus on vehicle crashes, personal injury, and first-party car accident insurance claims. They have offices located in Gresham and Hillsboro.