If you or a loved one suffered a traumatic brain injury (TBI) in a negligence-based accident, you will have to prove the cause of your injury if your case goes to court. Your legal team will examine evidence and prepare arguments and exhibits that support your compensation request. They will also consult relevant experts and could call them as witnesses to testify at your trial.
Cases like yours rarely go to court since most are resolved with a settlement. In either case, proof of cause and effect are also required for an insurance claim. A personal injury lawyer in New York will gather the needed evidence at no upfront cost to you.
- Prove the Cause and Effect of Your TBI Starts With a Strong Evidence Collection
- Evidence That Proves the At-Fault Party’s Financial Liability
- Damages You Could Recover With a Personal Injury Insurance Claim or Lawsuit
- Get a Free Consultation for Your Traumatic Brain Injury Court Case
Prove the Cause and Effect of Your TBI Starts With a Strong Evidence Collection
Evidence in your personal injury claim will prove liability and the monetary value of your compensation request. Since the burden of proof is yours, the stronger your case file, the better.
It will be used to refute any allegations that you contributed to the accident, which could decrease your recoverable damages based on the comparative negligence laws of your state. Your TBI lawyer will also leverage the strength of the accumulated evidence to steer your case toward a settlement versus a trial.
Your Medical Records Will Define How a TBI Is Diagnosed and Treated
A TBI will change your life, causing both short- and long-term brain damage. The key to maximum medical improvement is a prompt and definitive diagnosis. According to Mayo Clinic research, a TBI is diagnosed using:
- Glasgow Coma Scale to assess the extent of your injury
- Information about your abilities before your accident and injury
- CT scans to give your doctors a detailed view of your brain
- MRI to give your doctors additional views of your brain injury to support efforts to provide the most precise diagnosis possible
- Intracranial pressure to monitor the pressure inside your skull
Your personal injury attorney will compile your medical records to document the cause of your TBI. They will include treatments to date, medications, therapies, rehab lists, and a written prognosis describing future care.
How Your Lawyer Uses Your Medical Records in Court
Your lawyer will request copies of all medical records and bills associated with your accident, TBI, and other injuries. These records will be extensive, so your lawyer will request them from every medical professional and facility where you received treatment, including:
- First responders
- Emergency rooms
- Physical therapist
- Occupational therapists
- Speech therapists
- Behavioral specialists
- Brain injury specialists
Treatment for a TBI is wide-ranging and could also involve mental health care support and coping skills management for you and your family. Your legal team will handle your medical records with discretion and only request them with your permission.
For a free legal consultation, call 516-932-0400
Evidence That Proves the At-Fault Party’s Financial Liability
Before requesting personal injury damages, you must identify the at-fault party and prove their negligence, carelessness, or recklessness caused your accident. Evidence that will prove the elements of negligence—duty, breach, causation, and damages—include:
- Official reports: Motor vehicle accident reports, animal control records, veterinary records, accident reconstruction reports, and internal reports if you were injured in a retail or commercial setting.
- Photos and video: Proof of cause will include dashcam, traffic cam, security, and surveillance photos and video footage. Smartphone footage from witnesses and bystanders will also document your case.
Your legal team will also interview eyewitnesses and experts who substantiate your injury claim. Because every case is different, they will also collect case-specific evidence and organize and submit it with a comprehensive case file.
Evidence That Proves the Monetary Value of Your TBI Claim
Your lawyer will also need to prove the known and anticipated costs of your TBI. For this portion of your case file, they will compile:
- Medical and therapy bills
- Mental healthcare records
- Salary history records
- Property repair bills
- Property replacement estimates
Financial liability for your TBI-related accident could be attributed to one or more at-fault parties. Depending on the type of accident you were involved in, potentially liable parties include drivers, companies, corporations, commercial establishments, and manufacturers.
Damages You Could Recover With a Personal Injury Insurance Claim or Lawsuit
No one should suffer financial strain because of someone else’s negligence. Your lawyer will prove the cause of your TBI and identify the at-fault party. They will also request compensation, including:
- Past and future medical bills
- Assistive medical devices
- In-home medical support
- Past and future loss of income
- Loss of future ability to earn
- Property damage or destruction
- Disability or disfigurement
- Ongoing pain and suffering
- Mental and emotional anguish
- Wrongful death damages, if applicable
Your legal team will create a detailed list of your recoverable damages and build a case file with proof of its value. They will also consult vocational rehabilitation specialists, life care planners, and economists.
Do Not Let the Time You Have to File Your TBI Lawsuit Expire
The state limits the amount of time you have to file a civil lawsuit. If your lawsuit is not filed within the allotted time, you could be barred from filing it. It could also be dismissed without ever being heard. New York laws that govern filing deadlines include:
- New York Civil Practice Laws & Rules § 214 (personal injury)
- Estates, Powers & Trusts § 5-4.1 (wrongful death)
- New York Civil Practice Laws & Rules § 214-A (medical malpractice)
Your lawyer will define the appropriate filing date for your lawsuit and clarify the potentially costly consequences of filing your lawsuit too late.
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Get a Free Consultation for Your Traumatic Brain Injury Court Case
If you or someone you love suffered a TBI due to another person’s or entity’s negligence, our law firm will fight to recover appropriate damages. We also compile and submit all the evidence you need to prove a traumatic brain injury in court.
Find out how hard our personal injury lawyers will go to bat for you. Contact us at Friedman & Simon, L.L.P. to get started today.
Call or text 516-932-0400 or complete a Free Case Evaluation form