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Five Ways to Prove Your Traumatic Brain Injury

If you've been injured in an accident or on the job, the attorneys of Hach & Rose, LLP have the knowledge, skills, and experience required to hold the party responsible for your injury accountable.

Last Updated: 07-20-2023
Written by: Michael A. Rose and Gregory Hach

Have you sustained a traumatic brain injury in an accident that wasn’t your fault? Is your traumatic brain injury affecting your ability to work or your ability to do the things you once enjoyed? If you can prove your traumatic brain injury (TBI) was caused by someone else’s actions, you may be able to obtain compensation for your injury.

To be compensated for your TBI, you may have to file a claim with the at-fault party’s insurance company or file a lawsuit. In both cases, you’ll have to show proof of your TBI. Below are five ways to best prove your TBI in your claim or case.

Medical Records

One of the best ways to prove your traumatic brain injury is by showing evidence of the injury in your medical records. When you initially received treatment for your TBI, the doctors and medical professionals who treated you examined you before diagnosing your TBI. Everything from their examination of you and any diagnostic or imaging testing they did would be included in your medical record. Any TBI symptoms you were showing would also be noted in your medical record.

Additionally, your medical record from before you sustained the TBI may be helpful to show that you didn’t have any preexisting medical conditions or a prior TBI. When you seek compensation for your TBI, the at-fault party may try to defend themselves against being liable for your injuries by claiming that you sustained the TBI before the incident. Or that you had preexisting health issues that contributed to sustaining the TBI.

Keep a Record of the Day to Day Impact of Your TBI

Keeping a journal of how your TBI affects you daily can help strengthen your claim or case. You could be compensated for your pain and suffering, mental anguish, loss of enjoyment, and quality of life. Document in a journal how your TBI has impacted your ability to enjoy activities as you did before sustaining your injury. And how your TBI has altered your ability to do certain things. You can also write about how you’re feeling emotionally and mentally due to your TBI and its impact on your life. By keeping a contemporaneous record of all of these effects of your TBI, you can demonstrate why you’re owed compensation for your mental and emotional losses.

Testimony from Experts

If necessary, your personal injury attorney can call medical experts to testify in the trial for your lawsuit or provide written statements in your claim. These medical experts can explain the extent of your TBI. How it was treated. And the ongoing treatment you may need to deal with the long-term effects of the injury. Mental health professionals could also testify to the impact a TBI can have or have had on your mental and emotional well-being.

Testimony from Those Who Know You

Sometimes those closest to you can provide strong evidence of how your TBI has affected you. They interact with you often and can speak about the changes they may have seen before you were injured and after you suffered a TBI. They may be able to provide written statements or testimony to support your claim or case for compensation.

Documentation of Continued Medical Treatment

It’s important for you to continue with your treatment plan as your doctor(s) have prescribed. You should attend or complete any doctor visits, continued imaging tests, therapy, or rehabilitation that medical professionals have recommended for you to recover from or treat your TBI. It could hurt your case if you cease abiding by your treatment plan prematurely. The other party could claim that your TBI wasn’t as serious as you claimed.

Call Our Experienced TBI Lawyers for Help with Seeking Compensation

If you’ve been battling the consequences of a traumatic brain injury caused by someone else’s negligence, you may be entitled to compensation from the responsible party.

Over the past decade, we’ve helped clients like you pursue fair compensation for their injuries. And we may be able to help you, too. We’ll work hard from the beginning until we solve your claim or case. You won’t have to pay us any fees until we recover the compensation you’re owed.

Call our dedicated New York TBI lawyers today at (212) 779-0057 or contact us online to schedule a free consultation. We’ll discuss what led to your TBI, how it’s affected you, and let you know your legal options. Let us help you pursue compensation so you can continue focusing on recovering from your traumatic brain injury.

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