What is the biggest cause of TBI and how do you prove a TBI case?

If you have suffered a traumatic brain injury in an accident, the personal injury attorneys at Schauermann Thayer can fight for you to receive full compensation for your injuries. You will need every dollar that you can get because TBIs could mean steep costs, both economic and non-economic. There is a long process that you must go through first, which begins with proving liability and continues when you strive to get all the compensation you are due. It is vital that you get everything right with the help of an experienced brain injury attorney.

Contact the lawyers at Schaeurmann Thayer to schedule a free initial consultation. Hiring an attorney is a necessary first step that you need to take towards potential financial compensation.

TBIs Will Impose Significant Costs

A traumatic brain injury is one of the worst outcomes of any type of accident. Many TBI victims may never fully recover from their injuries. They may lose critical functions and not be able to live the life that they did before the accident. One who has suffered a moderate or severe TBI will have, on average, a life expectancy that is nine years shorter. In addition, TBI patients will incur significant financial costs associated with their injury, along with non-economic effects, such as pain and suffering and loss of enjoyment of life. Once you are able to prove that someone else was to blame for your injuries, you could be entitled to substantial financial compensation. 

Two of the most common causes of TBIs are falls and auto accidents. People can become injured in a slip and fall case when they hit their head on a hard object. In a car accident, drivers and passengers can suffer a TBI from severe whiplash, when their brain slams into the base of their skull when their head violently snaps forward. Car accident victims can also be injured by the airbag or when their head hits against a hard surface in their car.

You Must Prove Negligence to Win Your TBI Case

There are two things that you would need to focus on proving when you file a TBI case. The first thing that you must demonstrate is that someone else should be responsible to pay you damages for your injuries. You must prove that there was a negligent party, who would then has a legal responsibility to pay you, usually up to the insurance policy limit. In any personal injury case, negligence means that someone did something that would be considered unreasonable under the circumstances, and it caused your injuries. You must prove your case by a preponderance of the evidence to qualify for financial compensation, meaning that the facts that you allege are more likely than not to have occurred. 

You Also Must Prove Your Damages to Receive Them

Then, you have the burden of proof to demonstrate the scope and extent of your injuries. Even if liability is readily apparent, you can expect a fierce battle from the insurance company or defendant when you are claiming that you have suffered a serious injury.

Your medical records would form the basis of your claim, but even these can be interpreted in multiple ways. While your treating doctor, who has seen and tested you, has their opinion, the insurance company may draw a different conclusion. They would have their own doctors, who may have never seen you, reach their own ideas about your injuries. You should be prepared for the insurance company to argue that you are not as injured as you say.

Knowing your medical prognosis is just a part of your TBI case. You need to be able to quantify your damages based on your condition. There are different degrees of brain injuries, and they can impact people in varying ways. Your brain injury lawyer may work with expert witnesses to learn more about your injuries and how they have affected you. For example, brain injury attorneys often work with the following experts:

• Medical experts: Your brain injury lawyer needs to understand how you have been hurt and your future prognosis
• Vocational experts: You may not be able to work, and your attorney must learn what you may still be able to do and how much in wages you could have earned
• Life care planning experts: You may need additional care to help with the activities of daily life, and it can be costly.
• Economic experts: Your costs may change over the years based on inflation, and you need to anticipate that now in the settlement you will negotiate

The brain injury attorneys at Schauermann Thayer can help you with all aspects of your case, both in proving liability and fighting for you to recover every dollar that you deserve.

Contact a Washington Brain Injury Attorney Today

Call the brain injury law firm of Schauermann Thayer today, or have a family member make the call for you if you cannot do it yourself. Our lawyers can speak to you during a free initial consultation, during which we will review your case and discuss legal options. You can speak to a brain injury lawyer by calling us today at (360)-695-4244.

Sources:

https://www.cdc.gov/traumatic-brain-injury/data-research/facts-stats/index.html

https://www.ernstlawgroup.com/blog/role-of-a-brain-injury-expert-witness/