5 Important Things You Need to Know About Brain Injury Claims

Doctor and surgeon examining x-ray film of patient 's head for brain, skull or eye injury. Medical diagnosis and surgical treatment concept.

Doctor and surgeon examining x-ray film of patient ‘s head for brain, skull or eye injury. Medical diagnosis and surgical treatment concept.


rain injuries can be caused by just about anything, from car accidents to sports incidents. Every year, over two million Americans suffer from traumatic brain injuries.

These injuries can range from minor concussions to serious brain damage and even death.

If you or a loved one has sustained a brain injury, you may be entitled to compensation under the law. Brain injury claims can be tricky and arduous, and it can be hard to figure out where or how to begin the legal process.

The following five points are crucial if you hope to understand the brain injury litigation process.

1. You Must Be Able To “Objectify” The Injury

You should absolutely understand going into the legal process that cases involving brain injuries can be lengthy and arduous. This is because an injury must be objectified for an insurance company to agree to pay up.

Objectification involves finding clear proof of sustained brain injury on scans or other medical devices. Sometimes, concussions and other brain injuries don’t show up easily on scans, leaving victims fighting tooth and nail to prove their case to an insurance company.

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2. New Technologies Can Help

Luckily, there are new technologies that are much more efficient than MRI or CT scans in terms of objectifying brain injuries.

DTI, SWI, and MRS scans all are much more sensitive in terms of objectively proving brain injuries. These new technologies can track the flow of water molecules, find microhemorrhages and monitor the balance of specific molecules within brain matter.

These technologies can make a huge difference in your brain injury lawsuit.

3. Understand The Legal Basis Of Your Case

For your best chance in court, you should make sure to understand the legal basis of your individual case. Understanding this will help you gather proper evidence that’s relevant to your case.

Most brain damage lawsuits are based on a legal theory called negligence. A negligence claim requires you to prove that the defendant is legally responsible for the injury.

To succeed, your case must prove that the law required the defendant to be reasonably careful, that the defendant acted without that care, and that this action is what caused injury to you, the plaintiff.

4. Be Aware Of Brain Injury Evidence

Since the frequent pressure in a brain damage lawsuit is the task of proving the injury, you should be aware of and take note of all evidence of brain injuries.

If you’re working with an experienced attorney, they will likely walk you through this process and help you make a case. Recalling the details around your accident and any symptoms apparent thereafter can be vital to your case.

Common brain injury symptoms include difficulty concentrating, headaches, dizziness, and fatigue.

5. Injury jurRecovery Can Be Slow

The rehabilitation process for brain injuries can vary by case. Often, recovery can take many weeks and involves a lot of reading, communication, and brain monitoring. Many victims of TBI have a hard time recognizing that they are not acting normally, and need help to get back to their old selves.

This means that medical bills can continue to stack up over time. This is all the more reason to have a legal professional help to get you the compensation you deserve.

Tackling Brain Injury Claims

The brain injury litigation process can be complicated and difficult. That’s why it’s important to have a trained legal professional on your side for all brain injury claims.

We offer quality legal representation. Fill out a consultation form, and we can help you through the process.