How to prove brain injury

The American Association of Neurological Surgeons (AANS) defines a traumatic brain injury as “a disruption in the normal function of the brain that can be caused by a blow, bump, or jolt to the head, the head suddenly and violently hitting an object, or when an object pierces the skull and enters brain tissue.”

Possible clinical signs that the normal function of the brain has been altered in some way include:

  • Loss of or decrease consciousness
  • Loss of memory for events before or after the event
  • Focal neurological deficits such as muscle weakness, loss of vision, or change in speech
  • Alteration in mental state, including disorientation, slowed thinking, or difficulty concentrating

While mild cases of TBI can result in a change in mental status or consciousness which is short-lasting, more severe injuries can result in lifelong cognitive, psychological, physical, and emotional disabilities.

Motor vehicle accidents are the most common cause of TBI’s, but they can also be the result of a bicycle, pedestrian, or a slip and fall accident. Types of injuries to the brain: 

  • Concussion
  • Contusion
  • Hematoma
  • Diffuse axonal injury
  • Traumatic subarachnoid or intracerebral hemorrhage
  • Ischemia
  • Skull fracture

The physical, mental, and emotional damages, as well as financial damages, resulting from a TBI can result in long-term, if not permanent consequences to victims and their families. If you or a family member live in the San Diego area and have been the victim of an accident that has resulted in brain injuries that could be due to the negligence of another party, contact a personal injury attorney that has experience handling TBI cases. An attorney will review with you the steps of how to prove a brain injury has occurred in order to have a successful case.

Proof of a TBI can come from:

  • Tests such as a CT scan, MRI, or  intracranial pressure monitoring
  • Medical records outlining symptoms, diagnosis, treatments, and progress
  • Expert testimony from doctors such as a neurologist or speech pathologist to the extent of your injuries and the long-term prognosis.
  • Results of the Glasgow Coma Scale 

Building a brain injury lawsuit case

Once your attorney has the necessary proof that you have sustained a TBI, its severity, and long-term impact, it’s time to start building a case based on the supposition that your injuries were caused by the negligence or intentional act of another person. In order to have a successful outcome to your brain injury lawsuit, your attorney will prove the 4D’s of negligence:

  • Duty of care
  • Breach of duty
  • Causation
  • Damages

It’s a serious matter

Scott S. Harris, brain injury attorney in San Diego, has over 30 years of experience litigating personal injury cases, including those involving brain injuries, and is well-versed in the California state laws that govern these types of cases.

He understands that the costs of treatment and recovery from a serious brain injury can be financially crippling and that victims will need to be compensated for medical and hospital bills, rehab, lost earning power, long-term care and more as well as pain and suffering.