How Do You Prove the Extent of a Brain Injury?

brain injury

Even minor brain damage can alter the trajectory of your future. From your personal relationships to your professional capabilities, a traumatic brain injury (TBI) can have ripple effects on virtually every aspect of your life.

While those who were hurt through no fault of their own can seek compensation, they’re not going to recover a single dollar until they can convince the court of the extent of their injury. This generally calls for both demonstrative evidence and witness testimony, which you can learn more about below:

What Kind of Demonstrative Evidence Do I Need to Present?

Demonstrative evidence is comprised of visual aids like photographs, objects, and models. For claims involving brain damage, it might include diagnostic images, computer simulations, and anatomical diagrams.

Using these kinds of proof, your personal injury attorney will attempt to illustrate the extent to which the trauma you experienced has impacted your central nervous system. When supplemented with things like brain mapping, detailed journal entries, and/or “day in the life” footage, your legal team should be able to convince the court of the cognitive, physical, and emotional hurdles you now face as a result of your TBI. 

What Kind of Witness Testimony Will Bolster My Brain Injury Claim?

While demonstrative evidence is incredibly valuable, it’s rarely enough to build a winning brain injury claim. In order to pursue a satisfactory settlement, you’ll likely have to present statements from respected experts who can speak on the severity of your injury in more specific ways than those illustrated by the demonstrative evidence you submit.

Your legal team might consult a neuropsychologist, for example, who can explain how the TBI can be expected to impact your mood, behavior, and mental capacity over the rest of your life. Likewise, the provider who’s actually overseeing your rehabilitation can discuss the long road ahead, emphasizing the challenges you’re going to face.

It’s worth noting that experts aren’t the only ones who can contribute to your claim. “Before and after” witnesses will also prove useful.

These witnesses include people who knew you before the accident and witnessed the changes in you since. Examples include friends, family members, and colleagues. Their statements will help contextualize the severity of your TBI in specific—and significant—ways.

Obtaining the kinds of evidence needed to build a strong brain injury claim might seem overwhelming, but it’s not a task you have to go about alone. A resourceful personal injury attorney can handle virtually all the logistics of your case, including interviewing witnesses, while you focus on your recovery.

Discuss Your Claim with a Brain Injury Attorney in Jackson

At Brown Bass & Jeter, PLLC, we know just how devastating a TBI can be on the whole family. If you or someone you love suffered brain damage because another party failed to act with reasonable care, we’ll help you gather the evidence needed to prove it. To schedule a free case review with a brain injury lawyer in Jackson, call 601-487-8448 or fill out our Online Contact Form.

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