How do you prove you have a TBI? If you have suffered a traumatic brain injury (TBI), it is probable that you are not acting like you once did. You may be struggling with memory loss, confusion, and sometimes impulsivity. You might also be experiencing frequent headaches, sleep problems, and dizziness.
So, how do you prove a traumatic brain injury happened? Proving a TBI case can be extremely challenging and an arduous process. To prove a causal connection between the traumatic event caused by another person’s negligence and the brain injury, you will need a vigorous and passionate advocate with experience handling brain injury cases. Give the Houston brain injury attorneys at Terry Bryant a call today. Your first consultation is free.
How Do You Prove a Traumatic Brain Injury in Court?
When someone has suffered a TBI, they may have no disfigurement and appear unharmed to a jury. For your attorney to be able to successfully prove a traumatic brain injury in court, the use of visual evidence is critical. The strategies our Houston brain injury lawyers use in court are the following:
Brain Imaging Studies
You will need to see a neurologist who will refer you to a neuropsychologist; this person will use a battery of tests to determine your concentration, attention, memory, planning, and multi-tasking. There is no single test that is capable of assessing all functions of your brain, but there are certain brain imaging studies that are fairly common that doctors use to determine whether or not you have a TBI:
Magnetic Resonance Imaging (MRI): This is a high-quality three-dimensional image of your brain without the use of X-rays or other forms of radiation. An MRI is a powerful tool to detect structural changes to the brain, but it is not powerful enough to detect microscopic damage to brain fibers.
Positive Emission Tomography (PET Scan): This measures the blood flow or energy consumption of the brain. Physicians are able to determine what areas of the brain are working and those areas that are not.
Functional Magnetic Resonance Imaging (fMRI): This technology compares brain activity under both resting and activated conditions. It uses the technology of a traditional MRI and detects the increases in blood oxygen levels when brain activity brings fresh blood to different areas of the brain.
SPECT Scan: This technology measures blood perforation. Radionuclides are injected into the blood and the brain and mapped out according to the amount of blood that travels to certain areas of the brain. Injured areas are detected as they generally require less blood.
A knowledgeable neurologist will be able to explain to the jury how the mechanism of injury has affected your brain tissue and why every person reacts differently to a TBI. By using these imaging studies, your brain injury attorney will be able to connect the violence of the traumatic event with the injuries and prove you suffered neuropsychological effects which have resulted from trauma.
Psychological Testing and Other Professional Analysis
In addition to using brain imaging data assessed by a neurologist, another way to prove a TBI in court is to use psychological testing. You will probably need to obtain a neuropsychological assessment, which will provide useful information about your cognitive functioning. People who have suffered a TBI may have a hard time describing the difficulties they are having. This assessment will include a clinical interview with the patient to determine the presence of pre-existing learning difficulties, their medical and psychological history, and a more detailed review of the patient’s cognitive complaints and emotional status.
This assessment and other professional analysis will allow the healthcare providers to testify as to the client’s pain and suffering, emotional loss, and impaired mental functioning.
Witnesses Can Help Prove Your TBI
Witnesses can be an important part of a strategy to prove a traumatic brain injury in court. There are different types of witnesses, each with unique value.
Your Houston TBI attorneys will probably put medical experts on the stand to break down to the jury how serious your brain injury is. They will use your imaging studies to support their testimony. The medical experts will meticulously explain to the jury how this type of injury can affect the life of a survivor and the difficulties one may face after a traumatic event.
When we say “lay witnesses,” we are referring to people who may not have scientific or other relevant professional expertise. Lay witnesses can include your family, friends, and co-workers. They will be the best observers of all the changes in your mood, cognition, energy level, and memory. Because they have been with you before and after the accident, they will be able to discuss at length the difficulties you face in your daily activities. They will attest to any personality changes. They will be able to describe how the injury has directly affected your life and the changes you have had to make to adapt to your new life. These descriptions are important in making a case to prove you have a TBI.
Visual Exhibits of a TBI
Diagrams, charts, and different illustrations of the brain are helpful in providing graphic depictions for the jury. Photographs of the accident could be essential to your case. Videotapes of you in several settings may also provide the jury with visual proof of your brain damage.
Injury Case Law
Our Houston brain injury attorneys have vast knowledge about insurance coverage, legal precedent, and state and federal law, as well as the best resources to allocate to fully develop your case. They will provide you with the best legal strategies to successfully present your case before a jury, based on their decades of experience handling similar cases.
How Do You Prove a TBI to the Veterans Affairs (VA)?
If you are or have been a member of the military, you may wonder how you prove a TBI to the VA. In the military world, a TBI is commonly known as the “signature injury,” because thousands of service members suffer from this type of injury. Experts have attributed this to the use of roadside bombs, fire bombs, and other explosives.
The VA rates TBIs based on the residual symptoms a veteran is currently experiencing as a result of trauma. The VA divides the rating criteria of TBI residuals into subcategories in order to evaluate the condition. Veterans are then rated based on the level of severity and impairment in each of these areas of functioning:
Impairment of memory, attention, concentration, and executive functions
Inhibited social skills
Diminished motor activity
Visual spatial disorientation
Worsened ability to communicate.
A veteran’s symptoms cannot be linked to a previously rated condition if they are to be considered as part of the rating for a TBI. If your injury can be clearly categorized with this rating system, it will help prove your TBI to the VA.
How Do You Prove a TBI in Your Case?
Because brain injury cases involve the need to gather experts for their analysis of your injury and detailed knowledge of the litigation process, you need an experienced attorney to handle your case. Rely on the team at the accident and injury law office of Terry Bryant to prove you have a traumatic brain injury. Our skilled litigators will obtain the information and data needed to prove your TBI exists. Get a free consultation with an injury attorney on our team today. Call us at (713) 973-8888.
Terry Bryant is Board Certified in personal injury trial law, which means his extensive knowledge of the law has been recognized by the Texas Board of Legal Specialization, setting him apart from many other injury attorneys. The 22 years he spent as a Municipal Judge, Spring Valley Village, TX also provides him keen insight into the Texas court system. That experience also helps shape his perspective on personal injury cases and how they might resolve. This unique insight benefits his clients. [ Attorney Bio ]