Brain injuries can happen due to many reasons. However, one of the most common is negligence from another party. Whether from a motor vehicle accident, construction accidents, medical malpractice, or trip and fall accident, the law entitles you to file a claim to recover financial compensation.
Despite the law allowing you to file a claim, that doesn’t mean getting a settlement or award is easy. You will still need to prove your brain injury, how it happened, who is liable, and what damages you sustained due to it. Our personal injury lawyers here at Dansker & Aspromonte Associates LLP explain exactly how to prove a brain injury.
Brain Injuries Are Serious
According to the Centers for Disease Control and Prevention (CDC) facts, there were over 61,000 traumatic brain injury-related deaths in 2019. This equates to roughly 166 people dying every day due to the brain injury they sustained. The long-term effects of brain injuries are also serious and can leave you disabled and in financial distress.
Even if you only have a mild or moderate brain injury, that doesn’t mean that you won’t have serious life-altering medical complications down the road. The brain is the most important and one of the most fragile organs in the body. If someone else has caused injury to it, you need to seek financial compensation.
What Exactly Can I Use As Proof?
To prove your brain injury and obtain a settlement or award, there are three key pieces of evidence that you can use. Each one serves a specific purpose.
Medical Records
Your medical records are a strong way to show the insurance company and any other party involved the extent of your brain injury. These records can detail the severity of your injury, pain and suffering, and overall impact on your health. Always retain all of your medical records and keep them safe.
CT scans, MRIs, or other diagnostic tests provide proof of your brain injury. Medical provider records and diagnostic reports will help document the injuries you have suffered.
Expert Testimony
Medical experts such as primary care physicians, neurologists, neuropsychologists, or other brain injury specialists can provide statements and testimony to support your medical records. Often, insurance companies and the at-fault party may claim that your medical records are exaggerated. Expert testimony can refute those claims and validate the severity of your brain injury.
Financial Evidence
Financial evidence is crucial to proving the damages resulting from your brain injury. We can demonstrate significant medical expenses, including hospital admissions, physical therapy, occupational therapy, cognitive therapy, prescription medications, and diagnostic tests. These financial records illustrate the substantial damages you have sustained.
What Damages Can I Receive as Compensation for a Brain Injury?
There are several damages you may recover as compensation:
- Pain and suffering
- Loss of enjoyment of life
- Loss of consortium
- Lost wages
- Reduced earning capability
- Mental anguish
- Wrongful death
- Past and future medical expenses related to your brain injury
Proving your damages aligns with proving your brain injury. If your damages stem from the brain injury, you can factor them into your settlement or award.
How Much Can I Seek as a Fair Recovery for My Brain Injury?
The compensation amount will vary based on several factors:
- The severity of your brain injury and resulting disability
- How much the injury has affected your life, health, and well-being
- The extent of economic damages sustained
- The long-term care and its associated costs
Because the brain is such a vital organ, settlements and jury awards for brain injuries can be substantial. Our goal is to secure the maximum compensation to fairly compensate you for your injuries and damages.
Get Help Proving Your Brain Injury
Recovering from a brain injury takes time. Proving your injury and damages to an insurance company can be challenging.
Insurance companies often attempt to downplay the severity of brain injuries to minimize compensation. An experienced trial lawyer can help you prove your injury and recover the compensation you deserve.
Talk to Our Brain Injury Lawyers Today
According to the International Brain Injury Association, brain injuries are among the most likely to result in death or permanent disability. Let one of our brain injury lawyers at Dansker & Aspromonte Associates LLP help you prove your damages and hold the at-fault party accountable.
