Proving a Traumatic Brain Injury Claim

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    January 9 2019

    If you or a loved one has suffered a serious head injury, you may be wondering what to do next.  First and foremost, you should seek immediate medical attention. If the injury was caused by another person, the next thing that you should do is speak to an experienced personal injury attorney who will be able to advise you about the next steps.

    What is a TBI?

    Traumatic brain injuries are very serious injuries.  They are a major cause of death and disability in the United States and contribute to about 30% of all injury deaths.

    A traumatic brain injury (TBI) can be caused by a bump, blow, or jolt the head that disrupts normal brain function.  A person can have a mild traumatic brain injury, which may result in a brief change in mental status or loss of consciousness, or a severe traumatic brain injury, which can result in an extended period of unconsciousness or memory loss.  A severe TBI can cause cognitive defects, speech and language difficulties, problems with sensory perception, and seizures.

    Traumatic Brain Injury Claims

    In the American legal system, the plaintiff in a personal injury case can recover compensation if he or she proves that he or she was injured and that the injury was caused by the defendant.  Unfortunately, in traumatic brain injury cases, proving the existence and scope of the brain damage isn’t always straightforward.

    Brain injuries are not always visible and the technology that shows damage to a brain is not easily interpreted by people who do not work in the medical field.  If you or a loved one has experienced a head trauma, it’s important to speak with an experienced traumatic brain injury attorney who can advise you about the best course of action.

    Providing Evidence of Brain Injury

    Some forms of traumatic brain injury (TBI) can be shown through advanced medical technology that created detailed images of the brain.  These technologies include computed tomography or CT scans, magnetic resonance imaging (MRI scans), diffusion tensor imaging (DTI), positron emission tomography (PET scans), or X-rays.  These technologies often need interpretation by expert witnesses who are trained to read these types of images.

    Occasionally, medical technology isn’t able to definitively show the existence of the injury.  If you are unable to show an injury though imaging, you may have to present evidence of how the victim’s life has changed as a result of the injury.  Doing this requires you to show how the injured person behaved before the injury and compare it to the injured person’s behavior after the injury. The injured person’s family, friends, and health care providers will be important witnesses in these cases.

    Experienced Las Vegas Traumatic Brain Injury Attorneys

    If you or a family member has experienced a traumatic brain injury and it was caused by another party, you may have a valid personal injury claim and should seek legal advice.  Contact Anthem Injury Lawyers today for a free consultation at (702) 987-0202.  

    Published by Puneet K. Garg

    Attorney Puneet K. Garg is one of the founding partners of Anthem Injury Law. He has vast experience serving various clients with their different needs. Puneet’s representation of clients has included serving as counsel to Fortune 500 companies, large and small healthcare providers, celebrities, large and small businesses, personal injury victims and individuals needing help with their everyday needs. He has represented clients from all over the world in both state and federal court in Nevada.

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