How to Prove a Traumatic Brain Injury in Court
Head injuries are some of the most complicated and life-changing forms of trauma a person can experience. Besides the physical and emotional toll, they often lead to heavy financial burdens for victims and their families. When a head injury occurs because of someone else’s negligence, a personal injury claim can help with expenses, lost income, and other costs. However, proving traumatic brain injury (TBI) in court can be tricky without a clear legal strategy.
The Legal Basis of TBI Cases
In any personal injury case, the injured party must be able to prove that their trauma can be directly linked to another party’s careless or malicious behavior. For your TBI lawsuit to succeed, you’ll need to establish four main legal points:
Duty of Care: The at-fault party owed you a legal duty to behave with reasonable care.
Breach of Duty: The defendant failed to meet their duty of care.
Causation: This breach of duty directly resulted in your injury.
Harm or Loss: You’ve suffered actual harm or loss, whether economic or non-economic.
Each of these points needs to be supported with strong details and convincing arguments in order to hold up in court.
Step 1: Understand the Statute of Limitations
Every personal injury case is subject to a statute of limitations, which sets a strict deadline for taking legal action. In Kansas, that timeline is generally two years from the date the accident happened. However, there are a few exceptions, such as:
Delayed Discovery: The injury wasn’t immediately apparent, in which case the clock starts on the day the injury was discovered or reasonably should have been discovered.
Special Circumstances: The statute of limitations might be extended for minors or those with certain disabilities.
Missing these deadlines could result in your case being dismissed. If that happens, you won’t have any legal recourse.
The skilled attorneys at Palmer Law Group can help you seek just compensation for your injuries. Call our office today to start the process of filing a personal injury claim.
Step 2: Collect Evidence
You’ll need an assortment of evidence to support your allegations of negligent conduct. The following types will be especially helpful:
Medical Records
Records from your hospital and doctor’s visits are important for establishing your diagnosis, the severity of your injury, and any long-term effects it may have. These records will serve as strong support for your position.
Accident Reports
If your brain injury resulted from something like a car crash or work accident, make it a point to obtain copies of all official reports outlining the circumstances that led up to the injury. The reporter’s objective observations can help prove what happened and who was responsible.
Witness Testimony
Statements from others who witnessed the accident can further strengthen your argument. Likewise, it will help to have testimony from those who have seen changes in your behavior since the injury to provide valuable context on the impact the TBI has had on your life.
Photos and Videos
Photos and videos will serve to back up the statements you and others have made. Images of the accident scene, your visible injuries, and any hazardous situations that played a part in the incident can be highly persuasive in court.
Expert Witnesses
While medical professionals will play a major role in explaining the nature of your injury, other experts, like accident reconstruction specialists, can also contribute to your case by helping establish liability.
Over time, memories can fade, evidence can be lost, and witnesses can become harder to locate. Preserving evidence early on can mean the difference between winning and losing your TBI case.
Step 3: Prove Liability
To successfully establish liability, you’ll need to show that the at-fault party’s behavior directly caused your TBI. This can be done by:
Identifying the Responsible Party: This may be an individual, a business, or even a government entity.
Demonstrating Negligence or Fault: The defendant’s breach of duty directly led to the accident.
Documenting Causation: Solid documentation will serve to link the defendant’s actions to your injury.
Liability is a main factor of a personal injury claim, so it’s important to address it effectively.
Step 4: Calculate Damages
In TBI cases, damages often go well beyond immediate medical costs. Attorneys work with their clients to show all forms of harm that have arisen from their injuries, including:
Hospital bills (current and future)
Lost wages
Lost earning capacity
Pain and suffering.
In some cases, an injury victim’s loved ones can also file a claim for loss of consortium, which involves a loss of companionship or support due to the plaintiff’s injury.
Step 5: Prepare for Negotiation (and Possibly Litigation)
Most TBI cases start with negotiations between the injured party’s attorney and the defendant’s insurance company. Solid negotiation skills can often achieve a settlement offer that fairly compensates the victim without having to take the matter to court.
However, negotiation isn’t always successful. If your attorney can’t get a fair settlement for you, they’ll take your case to trial, where they’ll present relevant evidence, call witnesses, and argue your case to the judge or jury to get you the best possible outcome.
Why Legal Counsel Matters
Personal injury cases can be extremely stressful, especially when you’re still dealing with the aftermath of your trauma. A qualified attorney can protect your rights and ensure that your claim is as strong as it can be. Lawyers offer support by:
Conducting thorough investigations to prove liability
Consulting medical professionals and other experts
Negotiating aggressively with insurers
Representing clients in court if necessary.
With a strong legal team in your corner, you can focus on healing while they handle your case and work to get you the compensation you deserve.
The Path to Justice and Recovery
Proving traumatic brain injury (TBI) in court involves more than simply documenting the physical effects. It requires a clear understanding of the law, solid preparation, and a well-formulated legal strategy. Palmer Law Group has built a reputation for effectively advocating for personal injury victims throughout Kansas.
If you or a loved one has suffered a TBI in an accident, don’t wait to seek legal help. Call us today to schedule a free consultation to discuss your options.