Brain injuriesTraumatic Brain InjuryUnderstanding the Complexity of TBI Claims

January 25, 20250

Traumatic brain injury (TBI) claims can be some of the most complex and challenging personal injury cases. Even mild TBIs that may seem minor can have serious long-term effects that impact an injured person’s life for years to come. Successfully litigating TBI claims requires understanding the medical complexities these injuries present as well as the challenges of proving liability and damages. Navigating these multifaceted cases demands an experienced attorney well-versed in TBI issues.

What is a Traumatic Brain Injury?

A TBI is caused by a bump, blow or jolt to the head or body that disrupts normal brain function. This can include incidents like falls, motor vehicle accidents, assaults, and sports injuries. TBIs range in severity from mild concussions to severe, life-threatening brain injuries. Even concussions that seem minor can cause significant problems.

TBIs affect people in very complex ways. Physical, cognitive, emotional and behavioral problems are common. Issues like chronic headaches, dizziness, memory and concentration problems, mood swings, and difficulty sleeping are just some examples. The extent and persistence of symptoms depends on factors like where in the brain the injury occurred and its severity.

Proving Liability in TBI Cases

Establishing liability in TBI claims starts with identifying a liable defendant. This is often clear in motor vehicle accident cases if the other driver was at fault. In premises liability and defective product cases, more investigation may be needed to identify negligent property owners or manufacturers.

The next key issue is proving that the defendant’s negligent actions directly caused the TBI. This causal link can be challenging with mild TBIs where symptoms may not appear immediately. Defendants often argue that the TBI could have other causes. Medical evidence linking the accident to the injury is critical. Plaintiff attorneys must thoroughly investigate accident details and get all relevant records.

Obtaining witness statements, police reports, accident reconstruction evidence, and other documentation is essential. Videos, photos, and inspections of accident scenes can also prove important. In product liability cases, examining the allegedly defective product is key.

Plaintiffs bear the burden of proof, so their attorney must leave no stone unturned gathering evidence of liability. This demands extensive investigation, discovery, consultations with experts, and meticulous trial preparation. Successfully proving negligence takes experience and resourcefulness.

Medical Complexities in TBI Cases

TBIs themselves are extremely complex medical injuries. The brain is still not fully understood, and no two brain injuries are exactly alike. TBI symptoms can appear immediately or take days or weeks to emerge. Mild TBIs are often misdiagnosed at first.

Litigating TBI claims requires consulting medical experts like neurologists, neuropsychologists, and rehabilitation specialists. They can explain how the injury occurred, and provided a diagnosis, treatment, and a prognosis. Quality medical evidence is key, as defense attorneys will look for any weaknesses to dispute causation and damages.

Brain imaging like CT scans, MRIs, and PET scans help identify physical damage. Neuropsychological testing assesses cognitive deficits in areas like memory, concentration, language, and problem solving. These objective tests directly prove the TBI’s effects.

Doctors must clearly explain even subtle neurological damage from mild TBIs. Poor concentration, fatigue, mood changes – these may not seem like major issues, but they can profoundly impact someone’s life. Medical experts need to convey the true functional limitations these kinds of symptoms impose.

Plaintiff attorneys must work closely with doctors to develop a strong theory of the case backed by medicine. They help identify the best experts and make sure they have all the necessary records and imaging to render informed opinions. Ongoing communication ensures experts understand all case details and can explain injuries and impairments in terms lay people understand.

Proving Damages in TBI Cases

With severe TBIs, significant damages like extensive medical treatment and permanent disability are usually clear. Mild TBIs can be trickier, as the effects may be subtler and not appear until later. Common damages include:

  • Medical expenses like diagnosis, imaging tests, hospitalization, rehabilitation, medications, and therapy
  • Lost wages and diminished earning capacity
  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Costs of assistance for daily activities

Documenting both economic and non-economic damages is critical. Plaintiffs must thoroughly prove how the TBI has negatively impacted their life, activities, relationships and more. Neuropsychological testing demonstrates cognitive deficits while vocational assessments quantify lost earnings and career potential.

Friends, family and employers can provide compelling testimony on how a person has changed due to the TBI. Counseling records also help substantiate emotional suffering. Damages like future medical costs and the need for assistance are proven through life care plans.

Photographs, videos, journals and other evidence can powerfully convey how a TBI has ruined someone’s quality of life. Jurors remember personal stories and details that show the injury’s human toll.

Settlements and verdicts hinge on plaintiffs clearly conveying the true devastating impact of their life-altering injury. Experienced attorneys know how to prepare thorough, well-supported damages evidence.

An Attorney Can Provide Hope After a Life-Changing Injury

Traumatic brain injury cases involve high stakes. Even mild head injuries can have devastating consequences that forever change a person’s life. The cases require extensive investigation, quality medical evidence, and compelling presentation of damages. The attorneys at Daniel T. Pagliarini have successfully handled many complex TBI claims. We understand these injuries and the challenges they present.

If you or a loved one suffered a traumatic brain injury due to another’s negligence, we can help you fight for the compensation you need and deserve. Don’t go it alone against big insurance companies looking to minimize what your injury is worth. An experienced personal injury attorney levels the playing field. With compassion and diligence, we build strong cases that show the true scale of damage TBIs cause. We handle cases on a contingency basis, so you pay no fees unless we obtain compensation for you.

Visit the law offices of Daniel T. Pagliarini at the following address: 700 Bishop St, Ste 2100, Honolulu, HI, 96813.

Or, alternatively, you can call us today for a free consultation on (808) 745-1592.

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