How To Prove A Brain Injury

How Do You Prove a Brain Injury?

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 accident 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 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 put you into a financial hole.

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.


For a free legal consultation, call (646) 692-0204


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 does a specific job.

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. Your medical records can show the extent of your injury, how much pain and suffering it has caused, and how much it has impacted your health. Always retain all of your medical records and keep them safe.

CT scans, MRIs, or other diagnostic testing performed can show f proof of your brain injury. The records of the medical providers and diagnostic testing facilities that provided treatment and testing for your brain injury will help document the brain injury that you have suffered.

Expert Testimony

Medical experts such as your primary care physician, neurologist, neuropsychologist, or other brain injury specialist can provide statements and testimony to back up your medical records. Oftentimes, insurance companies and the at-fault party may claim that your medical records are exaggerated or that your brain injury isn’t as bad as it seems. Testimony or reports from medical experts can refute those claims and prove that your brain injury is serious and set forth the extent of your damages.

Financial Evidence

Lastly, you can use financial evidence to prove your damages resulting from the brain injury. We can prove that you have spent and continue to spend significant amounts of money for medical treatment including hospital admissions, physical, occupational and cognitive therapy,  prescription medications, diagnostic testing, and other brain injury-related issues. These can illustrate that you have sustained significant damages as the result of the brain injury you suffered.

What Damages Can I Receive as Compensation for a Brain Injury?

There are several damages that you can recover as compensation for your brain injury:

  • Pain and suffering
  • Loss of enjoyment of life
  • Loss of consortium
  • Lost wages
  • Reduced earning capability
  • Mental anguish
  • Wrongful death
  • Medical expenses for your brain injury incurred up to the present and into the future

Think of proving your damages as the same as proving your brain injury. There’s a lot of overlap between the two. As long as your damages resulted from your brain injury, you can factor them into your settlement or award.

How Much Can I Seek as a Fair Recovery for My Brain Injury?

After proving that you sustained a brain injury, the amount that you can seek as a fair monetary recovery will vary depending on many  factors including:

  • The severity of your brain injury and resulting disability.
  • How much your brain injury has impacted your life, health, and overall well-being.
  • The amount of economic damages you have sustained due to the brain injury you suffered.
  • How much care you will need over time and the cost of such care.

Because the brain is such an important organ, you can potentially recover a large sum of money through a settlement or jury award. Our goal will be to recover the maximum amount to fairly compensate you for your brain injury and resulting damages.

Get Help Proving Your Brain Injury

After suffering a brain injury, you need time to heal and recover. Proving your brain injury and resulting damages to the insurance company in order to obtain fair compensation is no easy feat.

It’s essential to remember that insurance companies will attempt to minimize the severity of your brain injury in order to reduce the amount they are responsible to pay in compensation for your injuries and damages. . Proving your brain injury and damages in order to maximize your recovery won’t be easy, but an experienced trial lawyer working on your behalf will assist you to get the compensation you rightfully deserve.

Talk to Our Brain Injury Lawyers Today

According to the International Brain Injury Association, of all the types of injuries one can sustain, brain injuries are the most likely to result in death or permanent disability. Let one of our brain injury lawyers here at Dansker & Aspromonte Associates help you prove your damages and hold the at-fault party accountable. 


Contact us today at (646) 692-0204 for a free consultation.


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