Traumatic brain injury (TBI) affects almost all spheres of the affected person. First, they’re unable to work and are forced to depend on others for their financial needs. But the worst part is when you can no longer enjoy the things you used to.
Living with a traumatic brain injury victim can also be a challenge, particularly if the victim requires help to perform personal activities, such as eating, cleaning, and more. If your loved one is suffering from a TBI because of another person’s negligence, you should visit a Bakersfield brain injury attorney to discuss your options.
5 Ways of Proving a TBI Claim
Your loved one should be compensated for a traumatic brain injury resulting from another person’s negligence–and that’s why you should bring a claim against the faulting party. You can file the claim with either the insurance company of the defendant or file legal action. Whatever channel opted, you’ll need to prove your claim. The following five ways can help you prove your TBI claim.
1. Medical Records
The medical records of the TBI victim can provide evidence of the injury. Such records should describe the treatment process beginning with when the patient started treatment, attending doctor’s details, treatment procedures, medical prescriptions (including costs), and more. In simple terms, medical records summarize the treatment process, from examination to diagnosis, and treatment– actions taken to address the injury.
All symptoms noted should also feature in medical records. A medical history record can also help prove that the patient didn’t have a pre-existing condition related to the brain– the faulting party might claim that the injury is not related to the current accident.
2. Record how TBI has Impacted Your Life
Maintaining a journal on how the TBI has impacted their lives can strengthen your claim and set you up for success. For instance, the journal can describe how the patient can no longer enjoy certain activities thanks to the life-altering TBI.
You could be compensated for your pain and suffering, mental anguish, and the loss of enjoyment in and quality of your life. The medical record helps the plaintiff or their representative demonstrate why they should be compensated for their loss.
3. Statements from Experts
A personal injury attorney can liaise with medical experts to give their opinion about the injury during the trial. Alternatively, medical experts can submit written statements to the injured person’s lawyer. Statements from medical experts should explain the severity of the TBI, treatment plan and procedures, and any ongoing treatment needed to address the long-term impacts of the brain injury. Mental health professionals can also give their opinions on how the TBI has affected the plaintiff (injured person).
4. Testimonies from Reputable Individuals
There’s a difference between the people who know you and reputable individuals–but who are reputable individuals? Supposing you’re involved in an accident and you request a family member to testify how the accident has affected you. Their testimony will help your case because family members have the best interests of their loved ones.
Now assume your boss is the witness. How will your boss’s testimony impact your case? Relationships between employers are employees are typically based on deep respect–meaning that a positive testimony from your employer shows that you’re reliable and trustworthy hence, you deserve to be compensated.
Reputable individuals are respected members of society, such as employers, pastors, community elders, and more. Their testimonies can help your claim more than testimonies from friends and family members.
5. Documenting Ongoing Medical Treatment
It’s important to obey your doctor’s advice to achieve full recovery fastest. For instance, you must attend all scheduled doctor’s visits, take imaging tests, attend therapy sessions, and recommended rehabilitation programs for quick recovery.
Disobeying your doctor’s advice can hurt your injury claim because it can be assumed that the injury isn’t as serious as you claim. Also, the court can assume that you failed to take the necessary steps to mitigate the injury.
How Can a Brain Injury attorney help?
Victims of traumatic brain injuries resulting from the negligence of others should be compensated by the faulting parties. However, you or your loved one is likely to be paid much less than what they deserve–that’s why it’s important to hire a brain injury. You can schedule a free initial consultation with a lawyer to discuss your options and hopefully hire them. The benefits of an attorney can include:
- Lawyers are experienced in legal matters and they have the right skills to litigate your case successfully.
- You might struggle with court procedures, such as meeting deadlines, filling out, and filing legal documents if you don’t have a lawyer.
- Lawyers know the right people (experts) to involve in a case to increase the chances of success.
Brain injuries are hard to prove because of their subjective nature. However, a legal professional’s advice can be invaluable to TBI victims or their representatives.
