Road accidents can be devastating, particularly if you sustain a grave injury that leaves you debilitated for life. Traumatic brain injuries (TBIs) are a major concern as they often result in significant financial and intangible losses to the victim. Fortunately, you can claim compensation to make up for the damages. However, TBI cases can be complicated because the injuries may sometimes be hard to prove, and unique legal issues surface. Consulting a specialist attorney can get your case on track, and you must also understand the legal implications of such lawsuits. Let us discuss them in detail.
Proving negligence of the guilty driverÂ
Personal injury compensation hinges on proof of negligence. You have to prove that the accident was caused by the negligence of the other party, and it resulted in the injury. The facts have to be validated with relevant evidence as you cannot expect the court to only take your word for it. Finding evidence in TBI cases is relatively challenging as survivors may often appear normal, which can mislead the jury about the extent of the damage. The injury could be non-visual, and the damage is more likely to be cognitive and emotional in many cases. Your best bet is to have a seasoned lawyer to prove negligence and damages through visual evidence, expert opinions, witness testimonies, and objective testing.
Using demonstrative evidenceÂ
Your worst fear in TBI cases is the inability to present evidence that is strong enough to support your claim. Fortunately, a skilled TBI injury lawyer can leverage demonstrative evidence to prove your case. These pieces include visual aids such as CT scans and computer simulations. These demonstrative aids help to establish the extent of the brain injury and connect it to the specific traumatic event. If you have a CT scan or MRI reports showing a hemorrhage, the case is easy to nail. However, the attorney can come up with novel ideas to demonstrate the damage even if radiology studies are negative. For example, the court will accept a biomechanic exhibit or brain mapping as valid pieces of evidence if the lawyer convincingly presents them.
Calculating the value of damages
While proving negligence and injuries in the court is challenging enough, calculating compensation value is equally complicated. You have to go the extra mile to prove the value of losses and get the amount you deserve. Typically, these should include the following:
- Current and future treatment expenses
- Current and future loss of income and benefits
- Permanent disabilityÂ
- Pain and suffering
- Emotional distress
- Loss of enjoyment and consortium
It is relatively simple to prove the current losses with treatment bills and payslips. But you may have to struggle with calculating future losses in TBI cases because issues may crop up out of the blue. Your lawyer will get help from economic or medical experts to calculate a fair settlement value. Similarly, they will also calculate the value of intangible losses to claim the compensation you fairly deserve.
TBI cases are complex and need to be handled by an expert. Make sure that you have the lawyer with the right expertise and experience handling your case, and you can get your life on track once again.
