How Can I Prove That My Brain Injury Was Caused by Someone Else's Negligence or Fault?
One of the most unfortunate injuries you can suffer from an accident is a brain injury. Brain injuries can range from mild to severe. They can affect the entire body and even one’s emotions and personality. We work with several families each year, helping as they cope with their loss, and battle to recover.
When someone’s negligence or an intentional act causes you an injury, we may be able to help you get compensation for your brain injury and any other damage they have caused.
Proving that someone caused your brain injury can be difficult, since brain issues must be related to the event. Other medical conditions need to be ruled out. Headaches, memory loss, mental confusion, fatigue, lack of sleep, light sensitivity may be symptoms of a TBI. We can help. We have been here before.
Want to prove your brain injury and get compensation? Here are some steps we take.
Establish Negligence
To win a negligence lawsuit, you must establish that the person owed you a duty and breached that duty, causing your traumatic brain injury. We work to show how fault caused your TBI.
Document Your Injuries
We will ask you to update us, so we can keep a record of your medical expenses, records, treatment, diagnoses, and your next visit with your doctors. MRIs and CT scans are often used to diagnose brain injuries, but there are newer technologies, such as DTI Magnetic Resonance Imaging DTI and Spectroscopy, that are even better at showing brain injuries. We frequently recommend treating doctors evaluate the need for MRI, QSPECT testing, and neuropsychological testing. Sometimes we obtain opinions from trusted professionals, if needed for your care and your case.
What symptoms do you have? How do your injuries affect your daily life and work? What difficulties have you faced? When do you forget? Were you under stress or at Walmart on a Saturday when you noticed problems? We ask you to write things down, meet with us, and we will get letters from family and close friends.
Gather Evidence
Collect evidence of the accident. If it was a car crash, take photos of the vehicle or your injuries after the accident. If it was a slip and fall, what did the ground look like? Also, do you remember who was present, as we want statements from witnesses who saw what happened.
Talk to Family Members or Friends
If you have suffered a brain injury, you likely have family members or friends who are caring for you. Your loved ones will likely have valuable information to share about the impact of your brain injury on your life. They can provide important background information about the changes you have experienced in your life since the accident. What things can you no longer do? How is your memory? How have your emotions changed?
Hire Expert Witnesses
Brain injury cases involve complex medical issues, so you'll need expert witnesses to make your case. You may look normal but medical specialists and other experts will assess your situation and help us prove your case, to an adjustor, judge or jury. The part of the brain injured as sometimes is shown on scans may match the area of the brain controlling the mental functions lost.
Contact Our Kansas Personal Injury Attorney
Brain injuries can happen in several ways. In many cases, we can prove who is at fault and hold them responsible. Car, truck and motorcycle crashes, medical events causing lack of oxygen or clotting, slips and falls, blows to the head, whiplash and assaults, we have been there and done that. We have helped people recover in these cases multiple times.
Proving negligence is not always an easy task. A Salina personal injury attorney from Neustrom & Associates can help. We have the experience and resources to get the job done. We have a proven track record of success, both at settlement and trial. Schedule a consultation today by calling our office at (785) 825-1505 or contacting us online.