A Helpful Guide to Winning a Brain Injury Claim

Posted On By keena

Traumatic brain injury (TBI) figures significantly in many cases taken to American courts. A jolt or impact on the head that damages brain tissue has serious consequences. A person who survives with TBI from an accident, or intended violence may face lifelong disability.

Dealing with lifelong suffering

Some people start manifesting symptoms of brain injury days after the accident. A seizure or convulsion may interrupt daily activities, or perhaps a recurring headache may signal an as yet undiagnosed problem. The more severely affected suffer instantly from nausea, vomiting, slurred speech, movement limitations, and body weakness. The outcome of treatment depends on the parts of the brain affected, and the amount of damage done.

A significant number of TBI cases arise from road accidents. In Los Angeles, a brain injury lawyer can offer substantial assistance to sufferers and their families in their quest for justice and support.

What it takes to win an argument in court

As mentioned above, many cases of TBI are due to road accidents. A traumatic brain injury may be the result of an industrial accident, or an accidental tumble down the stairs. Typically, personal injury or criminal cases involving such injuries are deliberated by a jury. In the proceedings, the persons whose testimonies are heard on the stand should be able to reveal important details. The insights of doctors, law enforcement officers, and witnesses are necessary for completing the picture.

In upholding justice and in the best interest of the victim, court proceedings should establish the nature of the accident, the amount of damage to property, and a detailed accounting of physical injuries. In this way, the jury will have all the necessary information to determine who is/are at fault. The knowledge gained from the testimonies should be used by the jury wisely in making their recommendations, all for the benefit of the injured party.

Cooperation in claiming damages

The victim and his family will have to face tremendous challenges in dealing with medical bills and disability. Claiming just compensation is a tedious and lengthy process, but they must be cooperative, and provide all required information.

Aside from current medical records, the victims and their families must be willing to provide information regarding prior medical history. Medical records before the accident should be made available. Transparency and truth go a long way in establishing compensation for general and special damages. General damages are non-economic losses and include mental anguish and physical suffering from TBI. Meanwhile, special damages include medical expenses, lost capacity to earn, and lost wages, among others.

The brain may be injured in a motor vehicle accident, or any event involving direct or indirect trauma to the head. Traumatic brain injury is often severe, and the victim suffers from grave circumstances. A person suffering from TBI may lose everything, including the capacity to earn a living. Taking the case to court is not merely an effort at availing justice for wrongdoing. With the help of a good lawyer, the victim should also receive compensation and support in facing the challenges of daily life.

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