Brasure Law Firm, PLLC

By: Chris Brasure

How Do You Prove a TBI Case?


Can a Traumatic Brain Injury Alter My Life?

The answer to this question is a resounding, yes it can. Even a moderate traumatic brain injury (or TBI)  can change your life forever and impose extreme physical, emotional, behavioral, and financial changes on you and your family. Texas has outlined legislative guidelines for these cases and considers them a grave matter. 

Let’s say you sustain trauma to the left side of your brain. This will commonly cause issues with logic, speaking, trouble understanding others, and even carrying on a simple conversation. If the damage is to the right side of your brain, you will have problems processing visual information and lose the ability to perform “normal,” daily, and familiar tasks.

You could be hospitalized for months and then require inpatient and outpatient rehabilitation procedures for years or even the rest of your life.

Even with medical advances, stats show that about 50% of people who suffer from a TBI will experience a further and continuous decline in their lives, and many die within five years after their injury.

If you suffer even moderate TBI and receive proper inpatient rehabilitation, your life expectancy is still shortened by up to nine years.

After sustaining a TBI, your chances of dying or being affected by numerous issues are possible. Medical problems such as:

  • Seizures,  which are 50 times more likely to occur.
  • Drug poisoning can be up to 11 times more frequent.
  • Infections can be nine times more frequent and severe.
  • Pneumonia is six times more likely to affect you.

These traumatic brain injuries (TBI) occur in myriad ways, but auto accidents are a major cause due to the significant physical forces involved. However, they are also caused by falls on hard surfaces, falling objects, slipping on unmaintained or icy walkways, and seemingly “simple” accidents.

Along with the life-changing physical damage a TBI may cause,  you may incur substantial medical costs for treatment, rehabilitation, medications, loss of wages, etc. The inability to work and the many new expenses can devastate your and your family’s finances and future.

So, suppose you’ve been injured and suffered a TBI due to other persons or companies, negligence. In that case, you must obtain the help of your Edinburg brain injury lawyer’s knowledgeable and experienced advice and guidance as soon as possible.

These injuries can be highly traumatic medically, but legally are complex and challenging to prove. Your experienced personal injury law team will know how to proceed to ensure you obtain the compensation you need for treatment, care, and your family’s financial well-being.

How Can My Lawyer Prove My Claim In a TBI Lawsuit?

This is the most challenging part of any TBI lawsuit and demands that your local personal injury lawyer has the experience, knowledge, and winning history to litigate the case.

So, although it’s medically evident you are injured, the real question is, how do you prove (and win) your TBI case? What is needed to prove and hold someone responsible for the harm they caused you and your family?

Your local, Edinburg, or McAllen personal injury lawyer can successfully address and answer this question.

Some examples of evidence needed to prove your TBI case successfully are:

  • Initially, you must prove that you are injured – This is done by using your medical records, so any medical information and records that exist will start a paper trail that documents your injuries in depth.
  • The severity of your injury must be addressed – This is vital, as it will usually decide what may be needed from this day on and how much compensation you will need and obtain.
  • You must prove the extended impact of your injury – You may need future surgeries, rehabilitation, assisted care, in-home care, etc. If you can’t work, your lawyer will prove how much income you expect to lose and ensure that your settlement covers the loss.
  • Most importantly, your lawyer will prove that your injury was caused by your accident due to the negligence of another person or company.

Your medical records, beginning at the accident scene, will provide critical evidence to support your case, and your prognosis significantly affects the compensation you receive.

What Types of Evidence May Be Used in My TBI Case?

TBIs (or Traumatic Brain Injuries) are never as easy to diagnose as cuts or broken bones. The fact is that many TBIs don’t manifest symptoms for months or even years.

Most of our current medical establishment still has much to learn about how head injuries, concussions, and other brain-related accidents affect their patients.

However, there is proven evidence that can be used in a TBI lawsuit, such as:

  • Detailed imaging such as CT scans, MRI scans, or X-rays.
  • Intracranial pressure (ICP) monitoring (to prove swelling, etc.).
  • Numerous specialized tests determine your level of mental function, physical function, cognitive ability, and more.
  • Witness testimony from eyewitnesses and medical experts.
  • Testimony from mental health experts like psychologists and psychiatrists
  • And much more.

A TBI can affect your cognitive ability, physical function, personality, and memories in myriad ways. Although it may be an enormous effort to collect all needed to prove your case, your diligent, thorough, and professional Edinburg brain injury lawyer will do all necessary to obtain the compensation you need to move on with your life.

I May Have A TBI, But What Are Some Symptoms To Look For?

First, even if you suspect your accident injured your head, seek medical help immediately.

Over a million people seek medical help due to head injuries yearly, and over 150,000 will be diagnosed with TBI.

Any head injury can drastically affect your life with life-changing damage to your health, family, and finances.

So, be aware of any of these symptoms that even a mild TBI can give you, such as:

  • Headache
  • Nausea and vomiting
  • Fatigue and drowsiness
  • Problems with speech
  • Loss of consciousness for a few seconds, a few minutes, or more
  • No loss of consciousness but feeling dazed, confused, or disoriented.
  • Difficulty sleeping or sleeping more than usual.

After getting medical help, obtain a complete case evaluation with a qualified, professional Hidalgo County personal injury lawyer so you’re fully aware of your legal rights and options.

I Need Information On Filing a TBI Lawsuit; What Should I Do?

If you’re considering filing any personal injury lawsuit, it’s always best to hire a qualified professional, experienced firm. However, this is especially true when filing for brain injuries.

The outcome of your case could determine the quality of the rest of your life and your family’s. The Brasure Law Firm is highly passionate about TBI cases and will tirelessly do all necessary to secure the compensation you must have to move on with your life.

Call them for a case evaluation today at (956) 903-2873 and obtain the tailored, professional, and knowledgeable legal guidance you need.

These injuries can change your life’s path, so consult with them first, and don’t gamble with your or your family’s future!

By Brasure Law Firm, PLLC