How To Prove Traumatic Brain Injury

When working with brain injury lawyers in Denver, you may find that one of the more challenging aspects of the case is proving a traumatic brain injury (TBI). TBIs can be very serious, sometimes with life-altering consequences that affect both cognitive and physical abilities.

To seek compensation for a TBI, you will need to present comprehensive evidence that connects the injury to the responsible party’s actions. A seasoned attorney can help you assemble a strong case so that you can use your energy to heal.

If you or a loved one has suffered a traumatic brain injury due to someone else’s negligence, experienced brain injury lawyers in Denver can help you seek just compensation. Call Burg Simpson today at 303-792-5595 to schedule a FREE case evaluation. We are Good Lawyers. Changing Lives.®, and we proudly represent clients throughout Colorado.

What Defines a Traumatic Brain Injury?

The CDC defines a traumatic brain injury (TBI) as a disruption in brain function caused by an external force, such as a blow, jolt, or penetrating injury. TBIs range from mild, like a concussion, to severe, which can result in long-term complications or even death.

Symptoms of TBIs vary widely and may include:

Mild Traumatic Brain Injury Symptoms

Physical Symptoms:

• Headache
• Nausea or vomiting
• Fatigue and drowsiness
• Speech issues
• Dizziness and balance problems

Sensory Symptoms:

• Blurred vision
• Ringing in the ears
• Sensitivity to light/sound

Cognitive/Behavioral Symptoms:

• Short loss of consciousness
• Confusion
• Memory issues
• Trouble concentrating
• Mood swings, depression, and anxiety
• Sleep disturbances (too much or too little)

Moderate to Severe Traumatic Brain Injury Symptoms

Symptoms of moderate to severe TBIs can include the above, along with the following:

• Loss of consciousness (minutes to hours)
• Persistent or worsening headache
• Repeated vomiting
• Seizures
• Dilated pupils
• Clear fluid from nose/ears
• Weakness or numbness in limbs
• Extreme confusion and agitation
• Slurred speech
• Coma

According to the CDC, common causes of TBIs include falls, motor vehicle accidents, firearm-related injuries, or assaults.

In order to build a successful claim for compensation, it is important to understand the extent and type of injury you or your loved one has suffered. Different types of TBIs will require different treatments and could affect how your brain injury lawyers in Denver approach the case.

Can You Sue for Traumatic Brain Injury?

Yes. If someone else’s negligence caused your TBI, you may be able to pursue a lawsuit to seek compensation. Whether your injury was caused by a car accident, workplace injury, or medical malpractice, the injured have the right to hold the responsible parties accountable.

In a TBI lawsuit, brain injury lawyers aim to recover damages for medical expenses, lost income, pain and suffering, and other losses related to the injury. They can assess your claim to determine if negligence occurred and help you pursue the compensation you need to feel secure and supported going forward.

How Do You Prove a TBI?

Proving a traumatic brain injury can be complicated, as it requires both medical expertise and legal acumen. Though you will be focused on recovery, understanding the process can help you assist your medical provider and attorney.

The steps to prove a TBI will look like this:

1. Medical Documentation

Obtaining any and all medical records is vital. These could include hospital reports, imaging studies (MRIs, CT scans, etc.), and diagnostic notes from neurologists and other specialists.

2. Expert Testimony

Often, proving a TBI requires the expertise of medical professionals. They can explain the severity of the injury and the prognosis to the court. Experts could include neurologists, neuropsychologists, and other specialists.

3. Neuropsychological Testing

These tests will assess cognitive impairments and behavioral changes. Neuropsychological evaluations provide objective data on memory, reasoning, and other cognitive functions affected by TBI.

4. Imaging Evidence

MRIs and CT scans are able to show areas of brain damage. Advanced techniques—PET scans and DTI (diffusion tensor imaging)—can also be used to detect more subtle brain injuries.

5. Documentation of Changes in Daily Life

Evidence of the effect a TBI has had on your day-to-day life is also important. This can include journal entries, the testimony of your friends and family, and records of your ability to work and maintain relationships.

6. Pain & Suffering Testimony

Statements about the physical and emotional toll your injury has taken can add gravity to your case. This may include mental health evaluations or the testimony of therapists.

7. Proof of Causation

The linchpin of a negligence case is causation. For a successful TBI case, you need to prove that the injury was the direct result of the defendant’s actions or inaction. You must connect the dots between the accident and your current medical condition.

By gathering all of this evidence together, your lawyers can build a powerful case that shows the full extent of your injuries and your right to fair compensation.

What Is Evidence of Traumatic Brain Injury?

Evidence to prove your TBI includes various types of documentation and testimony to substantiate its existence and severity. Key evidence often used in traumatic brain injury cases includes:

• Medical imaging
• Emergency room records
• Neuropsychological tests
• Eyewitness testimony
• Therapist notes
• Personal accounts of family and friends

The goal is to provide a clear and compelling case for the existence and impact of your injuries. Your brain injury lawyers in Denver will need the help of you and your family in collecting this evidence.

Is TBI Hard To Prove?

Proving a traumatic brain injury can be challenging, especially if symptoms are not immediately visible or the injury is mild. Brain injuries do not always show on standard imaging tests, and some symptoms can be difficult to quantify. Also, TBIs tend to worsen over time, making it hard to establish the full scope of the injury right away.

A skilled attorney will know how to build a strong case for compensation. We recommend consulting one as soon as possible after an injury.

How Brain Injury Lawyers in Denver Can Help You Seek Compensation

Having the assistance of experienced brain injury lawyers in Denver is invaluable when pursuing a TBI claim. They can support you in many ways, including:

• Collecting and organizing evidence to build a robust case
• Handling negotiations with insurance companies
• Representing you in court if a fair settlement cannot be reached
• Hiring medical experts to substantiate your injury
• Calculating damages for medical bills, lost income, rehabilitation, and future care needs
• Providing guidance and legal advice every step of the way
• Advocating for maximum compensation to help you secure financial stability while you recover

Working with a skilled attorney can significantly improve your chances of a favorable outcome. When you are hurting and vulnerable, it is imperative to have a partner you can trust as you fight for just compensation.

Contact the Dedicated Attorneys at Burg Simpson Today

If you or someone you love has suffered a traumatic brain injury due to another’s negligence, the attorneys at Burg Simpson are here to help. With decades of experience and a compassionate approach, we are committed to helping clients throughout Colorado seek justice and fair compensation.

You do not have to take this road alone. Contact us today for a FREE and confidential case evaluation. Discuss your case with our trusted brain injury lawyers in Denver.