A brain injury claim stemming from an accident is often an extremely complicated lawsuit. Proving damage in such a case requires extensive documentation, testing and expert testimony. Below are common tasks to assist in building your brain injury case.
Show Medical Records
Some, but not all, brain injuries are recorded in medical records, such as a CAT Scan or X-Ray. These documents will prove that the injury sustained some physical damage. However, not all damage is visible; in this circumstance, you will need to use alternative methods of proof.
Gather Evidence of Previous Capabilities
The first step in any lawsuit is to show that an injury changed something or somehow affected a part of the injured party. In a brain injury case, a party must show that his brain sustained some damage. The best way to do this is to demonstrate the party’s capabilities prior to the accident. IQ testing, grade reports (if the party is a child or teenager) or examples of previous work are essential to proving what and how well a party could do previously.
Gather Evidence of Current Capabilities
The next step in your case is to demonstrate the injured party’s current capabilities. Severe brain damage can be easily proven through physician testimony or presenting the injured party in court. Less serious brain injuries, such as those in which a party has lost memory or other abilities, need to be proven through expert testimony and tests. Obtain a current IQ test or other similar evaluations to prove that damage has occurred.
Seek Medical Testimony
The next place to look to provide evidence of a brain injury is the doctors that are treating the patient. A physician will be able to describe the brain injury and explain its cause, i.e. the accident.
Get Legal Help
Brain injuries, no matter how small, are often highly contentious lawsuits because the amount of potential compensation is quite large. If you or a loved one has experienced brain trauma as a result of an accident, seek legal assistance with your case
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