As in most personal injury or tort lawsuits, the burden of proof often lies on the plaintiff in a Traumatic Brain Injury case. Arguing the case is relatively easy when the extent of the injury is evident, such as in cases where there’s obvious physical damage. There are times, however, when symptoms appear mild, yet are just as potentially dangerous, and the evidentiary issues become more challenging for the Brooklyn personal injury lawyer. Several steps may need to be taken to help strengthen a TBI case.
First of all, the victim must ensure that he gets competent medical help right away. By competent, this means that the medical professional must be updated with the most recent techniques and technology in examining the brain. Less modern physicians may come to the conclusion that MRI and CT scan results are enough to make a diagnosis. Some doctors may even take the attitude that the victim is simply trying to make money from the case, and refuse to help. Inaccurate reports and improper referrals can negatively impact a claim so it’s important for victims to choose their medical professional carefully.
The victim’s brain functions may recover over time but marks of permanent damage may remain. This could include bleeding (hemorrhage), swelling (edema), or dead brain tissues (infarct). Depending on the medical professional’s competence and the type of scanner used, damage may not be readily detected. However, modern MRI technology now can sense damages in the white matter, visualize iron molecules traces from micro brain bleeds, and pick up imbalance through the ratio of certain molecules in the brain matter.
According to an injury lawyer from The Law Offices of Joseph M. Lichtenstein, proving acute changes in the brain function is vital to proving a TBI claim. Since it’s unlikely for victims to get a brain scan prior to acquiring brain injury, these acute changes often rely on documentation such as work records, school transcripts, medical records and the testimonies of friends, families, colleagues or neighbors in establishing the before and after picture. This is in addition to physical evidences and testimonies related to the actual accident, such as photographs and camera records.
In forming the arguments, Bronx personal injury attorneys work with the medical professional. BrainLine.org says that this collaboration involves exploring the medical condition, medical literature supporting the case, and the biomechanics of the traumatic event and how these result in the condition. They would have to establish that the condition was absent in the victim prior to the accident, and must rule out all other reasonable causes for it.
(Source: Proving in Court That a Brain Injury Merits Workers Compensation, BrainLine.org)