Traumatic brain injuries (TBIs) happen daily and can be caused by any number of accidents ranging from slips and falls to road traffic collisions. TBIs are so common that the Centers for Disease Control and Prevention (CDC) found that around 611 people were hospitalized daily in 2019, which equates to a staggering 223,135 cases throughout the year. To build a strong TBI case in California, you’re going to need the following six things.
What is TBI?
A TBI describes any injury that impacts the typical functionality of the brain. Although some people make a full recovery following extensive medical care, countless others are left permanently disabled or even dead. Early signs of a TBI include:
- Headaches
- Ringing in the ears (tinnitus)
- Blurry vision
- Confusion
- A bad taste
- Memory Loss
- Lightheadedness
If you notice any of these symptoms, schedule an emergency medical assessment and keep hold of any records. When you’re finished being checked over, contact us at Karns & Karns Personal Injury and Accident Attorneys.
Common Causes of TBI
TBIs can come from all sorts of accidents, but statistics and research have shown that most of them result from the following:
- Slips and falls: Often caused by hazards on commercial land.
- Auto accidents: Any accident on the road leading to a TBI – trucks are often the culprit.
The cause of the incident will play a part in how our team approaches evidence collection, but the following must be present to build a solid TBI case.
Element 1: Proof You Suffered an Injury
There are four distinct elements that must be proven to build a strong TBI case, and it will involve collecting a series of evidence. The first element is proof you’ve suffered an injury, which is why we told you to keep hold of your medical records. As well as records of your medical assessment, your assigned personal injury attorney will seek expert medical testimonies that we’ll present to the court.
Element 2: The Extent of the Injury
The second element we need to prove is the extent of your injuries, which is what will determine how much compensation you will receive. The damages you can claim in a TBI claim are designed to cover pain and suffering damages along with financial expenses like medical expenses and loss of earnings. The more serious the injury, the more compensation you will receive.
As with the proof of your injuries, your personal injury lawyer California from Karns & Karns Personal Injury and Accident Attorneys will use medical records and testimonies as evidence. Additionally, we ask that you keep a daily journal with pictures of your injuries and details about how you feel and what impact it’s having. As well as the physical side, you can note down any emotional distress you’re feeling because non-physical damages can be claimed as well.
Element 3: Proof of Long-Term Suffering
To build a winning TBI case, our personal injury law firm must prove that your injuries will have a long-lasting impact on your life, which can include:
- Ongoing rehabilitation therapy
- Future surgeries or treatments
- In-home care or assisted living requirements
- Loss of income
We will speak to medical professionals and other relevant bodies for evidence surrounding the extent of your injuries. When it comes to loss of earnings, we need to work out how much you are likely to lose over the coming years, which we can figure out by liaising with your employer and diving into your past paychecks.
Element 4: Proof the Injury was Caused by the Accident
Every other element on this list is relatively easy to find evidence for but proving your injury was caused directly by the accident can be a little tricky. This is why you must keep hold of all medical records, even if you attend the emergency room weeks after the accident because you discovered symptoms.
The types of evidence we use to prove TBIs were caused by an accident are:
- Medical imagery, including x-rays, MRIs, and CT scans.
- Diagnostic test results that gauge cognitive ability, physical function, mental function, motor skills, speech control, and information processing.
- Expert testimony from neurologists, rehabilitation professionals, and any other relevant individuals.
- Witnesses that can provide a “before and after” testimony.
- Police investigations and accident reconstructions.
- Photographic evidence including dashcam footage.
A Strong Personal Injury Accident Lawyer
By law, you don’t need to have a legal representative to file a TBI compensation claim or lawsuit in California. However, we highly recommend having one of our top personal injury attorneys in your corner. Following a free consultation and agreement of services, we’ll get to work on the following:
- Preparing essential documents and filing pleadings.
- Interviewing witnesses and collecting testimony.
- Communicating with insurance representatives.
- Negotiating with opposing counsel and other relevant parties.
- Taking your case all the way to the jury.
While we’re busy taking care of these tasks and navigating the complex web of TBI injury law, all you need to do is focus on recovery and maintain a daily journal.
Speed to File the Claim
TBIs are extremely traumatic – the clue is in the name. Unfortunately, this can leave victims feeling overwhelmed and scared, and all they often want to do is retreat into themselves. However, the statute of limitations for a personal injury lawsuit must be met or your claim could be barred. This means you should contact our accident injury lawyers as soon as possible.
The strongest TBI cases are filed within a matter of months. The more time that passes, the less reliable you become as a witness and the more chance there is of something happening to pivotal evidence. After all, if your accident was caused by a business, they may play dirty tactics to avoid paying compensation, which may involve tampering with evidence.
If you or a loved one has experienced a TBI that wasn’t your fault, get in touch with Karns & Karns Personal Injury and Accident Attorneys now.
