Yes, medical experts are necessary in a traumatic brain injury (TBI) case. A TBI is a serious medical condition that triggers other issues in the recovery process. If you sustained a TBI while working or in an accident, holding the at-fault party accountable may be arduous as they’ll hire lawyers too.
Some cases are easier, but even a seemingly easy case can become complex. For example, the defendant may deny how the TBI occurred, so your lawyer might hire an expert witness to assess and draw conclusions. The expert will also testify about how these injuries impact your daily life.
How Medical Experts Help in a TBI Case
We work with leading experts in the medical field, and they can help strengthen your claim in various ways, like:
- Examining your medical records to understand how the TBI occurred
- Determining if the TBI is mild or severe based on professional experience
- Explaining how underlying conditions left you susceptible to the current injury
- Describing the recovery process, treatments, prescriptions, and rehabilitation
- Drafting a report that can withstand any scrutiny in open court
- Testifying about the possible complications associated with brain injuries
- Being present for cross-examination if the case goes to trial
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What Is the Burden of Proof for TBI?
Seeking financial compensation following a TBI demands a certain level of proof for the claim to succeed. Whether you got hurt at work, while traveling, or while visiting someone’s home, you must prove key elements to hold them liable. Darryl “The Hammer” Isaacs will help you to prove the following:
- There was a duty of care owed to you. For example, a driver should not operate a vehicle when intoxicated to protect other road users.
- They breached this duty of care. For example, someone left a party drunk and slammed into another vehicle.
- Their actions directly caused harm. For example, this collision led your vehicle to spin before hitting a guardrail, and you sustained a head injury.
- There is quantifiable harm. For example, the head injuries make you concuss and then suffer a migraine, and your symptoms devolve.
How Can a Lawyer Help?
Asking for financial recovery after suffering a TBI is not straightforward. The defendant may be conniving and do everything possible to avoid paying, even blaming you for the accident. Your attorney can help by doing the following:
- Arranging for medical treatment right away
- Investigating the incident and gathering evidence for a personal injury claim
- Liaising with expert witnesses to get their professional opinion on the TBI
- Gathering your medical records and expenses to add to the lawsuit
- Being the intermediary between you and the defendant’s attorneys
- Negotiating financial recovery with the defendant’s insurance carrier
- Ensuring you get workers’ compensation and relevant benefits during treatment
- Representing you in open court if the settlement is not forthcoming
What Are the Recoverable Damages for TBI?
After a brain injury, you’re likely to be in and out of hospitals for months or years. You’ll see various specialists and undergo many tests as more symptoms present. Your legal counsel will seek financial recovery as follows:
- Medical bills, including hospital stays
- Prescription medication costs
- Travel costs to and from appointments
- The cost of procuring medical equipment
- Childcare costs
- Lost income, now and in the future
- Declined enjoyment of life
- Rehabilitation costs, e.g., occupational or TBI nurse specialist
- Loss of consortium
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What Are the Symptoms of a Traumatic Brain Injury?
Brain injuries can present in different ways, depending on the degree of harm. Although symptoms can also vary from one victim to the next, watch out for the following:
- Irritability and mood swings
- Anxiety and depression
- Confusion and not recognizing people
- Nausea and vomiting
- Blurry vision
- Disturbed sleep
- Inability to concentrate
- Slurred speech
- Feeling tired and lethargic
How Is a Traumatic Brain Injury Diagnosed?
Presenting hard proof, in this case, must include getting a proper diagnosis from a certified physician. You might not know you sustained a TBI or its severity until you get tested and a doctor interprets the results.
A medical practitioner will perform the following tests:
- Neurological exam to evaluate your motor function, eye shifting, and sensory capacity
- Imaging tests, like conducting an MRI and CT scan
- The Glasgow coma scale
- Diffusion Tensor Imaging (DTI) to monitor the brain injury over time
- Susceptibility-Weighted Imaging (SWI) for detecting micro-hemorrhaging
- Neuropsychological exam to gauge the likelihood of enduring injury
- Electroencephalogram (EEG) to check the brain’s electrical activity
Contact Us Today for Legal Counsel
Were you diagnosed with a TBI? Contact Isaacs & Isaacs Personal Injury Lawyers for legal representation. We’ll investigate how the trauma ensued and hire medical experts to support your claim.
Our attorneys deliver responsive legal representation and promptly answer all your queries and concerns. Let us fight for the maximum settlement as you focus on healing. Contact us today to learn more.