Severe brain injuries change lives in an instant. While the physical trauma is clear, the legal path of pursuing recovery for a traumatic brain injury (TBI) requires specific proof. Is there evidence to sustain a TBI case?
The power of black box data
Vehicles contain event data recorders (modern cars) and engine control modules (commercial trucks) that act as digital witnesses. These devices capture speed, steering inputs and braking in the seconds surrounding a collision. This digital trail can expose the high-velocity impact forces that cause a TBI even without a direct strike to the head.
Medical documentation and analysis
In addition, doctors must provide more than a simple diagnosis to prove a catastrophic brain injury. Specialists like neurologists and neuropsychologists can explain how the trauma permanently altered the brain’s cognitive and executive functions.
Life care planning and economic reports
Further, a life care planner can create a report outlining every future medical need from cognitive therapy to 24-hour supervision. They can provide the scientific basis for calculating the true cost of living with a permanent brain disability. This evidence can help ensure the court understands that an award for damages must last for decades.
Meanwhile, economic reports can account for inflation and the rising costs of health care. These reports can help protect the financial stability of the injured party.
Day-in-the-life video evidence
Finally, a professional videographer can film the daily struggles of the injured person to show the court the cognitive hurdles that exist outside the courtroom. Using a neutral professional can prevent claims of bias that may arise with home videos filmed by emotional family members.
Day-in-the-life videos can show the stark reality of memory loss, sensory overload or the inability to perform simple chores. This visual evidence can also make the intangible loss of personality and mental clarity a concrete reality.
Seeking a path toward healing and recovery
Rebuilding a life after a TBI can be complex and challenging. Going through the process of fighting for full and just compensation for a TBI can also be daunting. By seeking legal counsel, an injured party and their family may better advocate for their rights and interests as they seek a path toward healing and recovery.